Section 65 Public Passenger Vehicles Act 1981 - the forgery or alteration of a licence, certificate or operator's disc issued under the Act, likewise the use with intent to deceive of anything resembling such a document. Failing to respond within the statutory time limit of 28 days can result in further prosecution, six penalty points and a fine of up to 1000, . The aim of this protocol is that motorists should be aware of and conform with an agreed national standard for the production of driving documents following a lawful request by a police officer. It is important to note, however, that only the registered keeper requires to receive such a warning within 14 days. The prosecution do not have to call evidence that s.1 RTOA 1988 has been complied with unless the defendant proves, on a balance of probabilities, that no effective notice was given. Knowledge that an operating system was defective, and that that deficiency could lead to the commission of offences, was the only knowledge required of an employer as a basis for vicarious liability. 1968, so that proceedings relating to the unauthorised taking of a mechanically propelled vehicle may be commenced at any time within six months from the date on which sufficient evidence to bring a prosecution came to the knowledge of the prosecutor. If the procurator fiscal decides that the case against you should go ahead, you may have to appear in court. This is an either way non-endorsable offence, punishable summarily by a fine or by imprisonment (maximum two years) on indictment. Where an officer took the records away with him, the rules of natural justice permitted an operator to take copies of the records before they were removed, save in circumstances where, for example, the operator became obstructive or for some other reason that made it impracticable. What happens after a notice of intended prosecution? A person is guilty of an offence if, while disqualified for holding or obtaining a licence, he obtains a licence, or drives a motor vehicle on a road s.103 RTA 1988. However under Subsection (6) the company must prove that as well as not being able to identify the driver using reasonable diligence it must show that it did not keep a record of who was driving the vehicle and that the failure to keep such records was reasonable. We are regularly presented with the scenario when there is a degree of dubiety attached to . The minimum penalty for speeding is a 100 fine and 3 penalty points added to your licence. In Skills Motor Coaches Ltd, Farmer, Burley and Denman (Case C-297/99), the European Court of Justice held that time spent on activities having a bearing on driving, such as time spent reaching the pick-up point for a tachograph vehicle, would affect his state of tiredness and must be regarded as forming part of 'all other periods of work' within Article 15 of Regulation No. Using a mobile phone whilst driving. See also Shire Traction Co Ltd v Vehicle Inspectorate [2001] RTR 518. In relation to s172, in general most police forces prosecute the company and not the Directors for failing to identify the driver as this leads to a conviction and fine without any effort. Under s.1(3) RTOA 1988 the requirements of that section are deemed to have been met unless and until the contrary is proved. In Cantabrica Coach Holdings Ltd v Vehicle Inspectorate [2000] RTR 286, the Divisional Court held that: Tachograph charts and other documents can be obtained in many different ways, for example: Care should be taken in checking the power by which police officers obtained the documents. Arrangements should be made for the relevant officer to attend at the adjourned hearing to inspect and note any documentation produced. The following points need to be borne in mind: The six-month time limit applies to most summary road traffic offences, but statutory exceptions do occur. Keep your fingers crossed. Where there is a conviction for careless driving the lesser offence of failing to conform should be preserved at least until the chance of a reversal of the careless driving conviction has passed. Where the offence is triable summarily only, it will normally be heard by the magistrates' court which covers that area where the offence occurs, but all magistrates' courts have jurisdiction to try any summary offence s.2(1) Magistrates' Courts Act 1980. Every effort should be explored to avoid unnecessary adjournments, though this may be unavoidable where there is no convenient nearby police station or the circumstances are such that an adjournment is unavoidable. Subsection (3) makes it an offence for the keeper to fail to comply. We are only a phone call away. For further commentary see (Wilkinson's 6.01). Arrangements will then be made for the court to be informed about this. It can include both electrically and steam powered vehicles. "Intended or adapted for use on roads" is also not defined by statute and again is ultimately a matter for the court to decide based on the evidence before it. If different issues are in dispute and it is the intention of the prosecution to proceed regardless of the outcome of the Crown Court trial, the prosecution should consider asking for such summary offences to be heard first. The offences under sections 55 and 56 of the British Transport Commission Act 1949. Where the police refer a case involving a Self-balancing Personal Transporter to the CPS, the prosecutor should, as is usual, consider the facts of the case, having regard to the licensing considerations set out above, and apply the two stages of the full code test in the Code for Crown Prosecutors when deciding whether or not a prosecution should proceed. The offence under section 11 of the Fireworks Act 2003. To assist victims in any future claim for compensation, a written record should be kept of all relevant details about the driving documents produced to the police. Hi Jo, I have received a NIP over 14 days later the offence (speeding), I wrote the following letter of appeal, Could you please check if it is correct? Driving a motor vehicle on a road whilst disqualified is a serious matter since it will usually involve the deliberate flouting of a court order. Section 8 warrants authorised under PACE and s.7 warrants authorised under the Forgery and Counterfeiting Act 1981. However, courts should be reluctant to disqualify offenders in their absence because of this potential problem. If the court subsequently considers that you should be disqualified from driving, it will let you know when you should attend court. DPP v Hay [2005] EWHC Admin 1395 - Where a defendant is charged with driving otherwise than in accordance with a licence and driving without insurance, and the Crown have proved that the defendant was driving a vehicle on the road, the non-issue by the police of form HO/RT/1 (requesting production of the documents) is not fatal to the prosecution case. It is an offence, under s.99(5) TA 1968, for a person to knowingly falsify a tachograph entry made under s.97 TA1968 or entries kept for the purpose of regulations under s.98 TA1968 or under applicable Community rules. In relation to the controversial right to silence argument, the ECHR verdict in (halloran and francis) enable the British Government to continue to force motorists to incriminate themselves using S172 of the Road Traffic Act, which is almost always the only evidence of the drivers identity in speed camera cases Self-balancing Personal Transporters can be used on private property with the permission of the landowner. This guidance is provided to provide an overview on procedure and charging practice that is not dealt with in the existing road traffic guidance being. Then in the first paragraph it lists the incident date as 04/12/22. The definition of "served . It should state the nature of the offence (for example Speeding) together with the time, date and place . Many road traffic offences are purely summary and in most cases proceedings are taken by way of the laying of an information and the issue of a summons. There must be evidence upon which a Court can properly infer that an employer gave a positive mandate or some other sufficient act to "cause" the offence to occur. If the defence objects and the Court upholds the objection, the prosecution cannot be properly criticised for any resulting delay. The summons may also allege that you failed to produce one or more of these or other documents as required by law following a request by the police. If that has been served late it does not give the driver an excuse for not replying to the requirement to provide driver details. These include: Failing to comply with a traffic sign. (h) the carrying on the vehicle of any particular means of identification other than any means of identification required to be carried by or under the Vehicle Excise and Registration Act 1994. An example of this is where BAA has deployed a Segway Personal Transporter at Heathrow airport. 1503 & 1507. Production of driving documents at the police station in the first instance must be encouraged. 9/ If the S172 notice is valid (ie not sent after the time limit) or perhaps in any case, you should tell the police that you have no idea, after this length of time, who was driving. This offence may often overlap with other statutory offences, namely: When considering the proper charge the prosecutor should consider the appropriate venue for trial. The defence should also give notice that they will be seeking to advance special reasons. It is alleged a speeding offence took place on 14/07/2017. This guidance assists our prosecutors when they are making decisions about cases. Notice of Intended Prosecution. Courts should be aware of the opportunity to proceed in the defendant's absence thereafter if either a satisfactory production is made, or the defendant does not cooperate and fails to return. They must provide the details of the driver at the time of the alleged offence. Although the offence was not one of strict liability, "permitting" in section 96(11A) was to be given a wide meaning of failing to take reasonable steps to prevent contraventions, to be governed by the objective standards of a responsible employer. from 2-196 to 2-221 for a full commentary. Such a warning is normally known as a "notice of intended prosecution", or NIP. Signed: .. Crown Prosecutor / Associate Prosecutor / Police Officer, [delete as appropriate or specify alternative]. If you do not complete and return the NIP/S172 notice correctly within the 28 day time limit, you face a separate charge of failing to notify driver's details, which is a 6 penalty point offence with a fine of up to 1,000. The police will then be able to check your documents and note the fact that you have produced them. The 'prosecutor' for the purposes of section 6 can be the investigating officer or the informant (see [1976] 140 JP Jo., 675; Swan v Vehicle Inspectorate [1997] RTR 187. An analogy can be drawn from the case of DPP v Hay where it was held that once the prosecution has proved that the defendant drove the motor vehicle on a road, it is then for the defendant to show that he held a driving licence and that there was in force an appropriate policy of insurance, since these are matters that are peculiarly within his knowledge.
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