Recently, I have been asked by a number of people where the regulations are in law in respect of a Notice of Intended Prosecution (NIP) and of course people are often asking how they can get fight it or what the loopholes are.
So I thought it may be usefull if I compiled a difinitive post on the requirements of the NIP and its implications, hopefully of course none of you will find yourself in this situation, :bow: but here goes!
Section 1 of the Road traffic Offenders Act 1988!
A Notice of Intended prosecution is required for -
a) Dangerous Driving
b) Careless & Inconsiderate driving
c) Leaving a vehicle in a dangerous place
d) Dangerous cycling
e) Careless & Inconsiderate cycling
f) Failing to conform with the indication of a police officer when directing traffic
g) Failing to comply with a traffic sign
h) Exceeding temporary speed restrictions imposed by s 14 of the Road Traffic Regulation Act 1984
i) Exceeding speed restrictions on a special road
j) Exceeding temporary speed limit imposed by order
k) Speeding offences generally
And it must be given in one of the following ways -
a) given verbally at the time of the offence, or
b) by a summons being served on the offender within 14 days of commission of the offence, or
c) a notice of intended prosecution, specifying the nature of the offence and the time and place where it is alleged to have been committed, must be served on the offender, or the registered keeper of the vehicle at the time of the offence, within 14 days of the offence.
These provisions are deemed to have been complied with unless or until the contrary has been proved (ie you will have to raise it).
The exceptions to the serving of an NIP are -
a) No such notice is required if a full or provisional fixed penalty notice has been given or fixed under the Provisions of the Road Traffic Offenders Act 1988
b) A notice sent by post must be dispatched so that it would reach the driver within the 14 days within the ordinary course of the post. If this is the case then it will have been deemed to have been served even if it is delivered outside the 14 day period.
c) If there is an accident involving the vehicle in question, of which the driver is aware, then the police do not need to provide a Notice of Intended Prosecution.
d) Failure to comply is no bar where the police could not with reasonable diligence have ascertained the name and address of the accused in time for service of the summons or notice within the 14 day period, or the accused contributed to such failure.
e) Service of a notice at the last known address of the accused will suffice for good service.
The act has a lot more information which I won't bore you with, but these are the key elements which I hope you find useful!
So I thought it may be usefull if I compiled a difinitive post on the requirements of the NIP and its implications, hopefully of course none of you will find yourself in this situation, :bow: but here goes!
Section 1 of the Road traffic Offenders Act 1988!
A Notice of Intended prosecution is required for -
a) Dangerous Driving
b) Careless & Inconsiderate driving
c) Leaving a vehicle in a dangerous place
d) Dangerous cycling
e) Careless & Inconsiderate cycling
f) Failing to conform with the indication of a police officer when directing traffic
g) Failing to comply with a traffic sign
h) Exceeding temporary speed restrictions imposed by s 14 of the Road Traffic Regulation Act 1984
i) Exceeding speed restrictions on a special road
j) Exceeding temporary speed limit imposed by order
k) Speeding offences generally
And it must be given in one of the following ways -
a) given verbally at the time of the offence, or
b) by a summons being served on the offender within 14 days of commission of the offence, or
c) a notice of intended prosecution, specifying the nature of the offence and the time and place where it is alleged to have been committed, must be served on the offender, or the registered keeper of the vehicle at the time of the offence, within 14 days of the offence.
These provisions are deemed to have been complied with unless or until the contrary has been proved (ie you will have to raise it).
The exceptions to the serving of an NIP are -
a) No such notice is required if a full or provisional fixed penalty notice has been given or fixed under the Provisions of the Road Traffic Offenders Act 1988
b) A notice sent by post must be dispatched so that it would reach the driver within the 14 days within the ordinary course of the post. If this is the case then it will have been deemed to have been served even if it is delivered outside the 14 day period.
c) If there is an accident involving the vehicle in question, of which the driver is aware, then the police do not need to provide a Notice of Intended Prosecution.
d) Failure to comply is no bar where the police could not with reasonable diligence have ascertained the name and address of the accused in time for service of the summons or notice within the 14 day period, or the accused contributed to such failure.
e) Service of a notice at the last known address of the accused will suffice for good service.
The act has a lot more information which I won't bore you with, but these are the key elements which I hope you find useful!
I went past a mobile camera 2 weeks ago and was beginning to think I might have got away with it - I never thought about Christmas post as well. Bugger! :cry: