Directions may also be given to remove the vehicle and, if applicable, any trailer to any place specified. NIPs can also be issued . Notice Of Intended Prosecution: What Next? | Caddick Davies Notice in writing to that effect must be given to the driver of the vehicle. it arose because the name and address of the accused or the registered keeper could not with reasonable diligence be ascertained within the statutory time; or. What is the penalty for speeding or running a red-light? The Notice of intended prosecution or NIP can either be given verbally at the time of the incident or in writing (i.e. Motorists are required to produce their documents to a police officer on demand or at a nominated police station within 7 days. The offence under section 87(1) of the Environmental Protection Act 1990. They are capable of speeds up to 12 mph. The offence under section 12 of the Licensing Act 1872. The offences under section 12(3) and 14(3) of the Drugs Act 2005. If you fail to comply within the statutory 28-day period to return the notice, you will be liable to prosecution and receive six penalty points, in addition to a fine of up to 1,000. whether or not it was the driver's intention to drive any further; the road and traffic conditions at the relevant time; and. Disobeying traffic signs. Difference between a NIP (notice of intended prosecution) and a Section Notice of Intended Prosecution. The duty to determine whether any documents produced are valid does not pass to any other agency where a motorist fails to produce the required documents, therefore local arrangements should be agreed for the most effective method for the documents' validation by the police before the court proceeds. Many factors must be taken into consideration before the court even begins to consider exercising that discretion. I was driving a company vehicle Open or Close The registered keeper of a vehicle has a legal obligation under section 172 of the Road Traffic Act 1988 to provide the identity of the driver at the time of an alleged offence. Section 99A TA 1968 gives police and vehicle examination officers the power to prohibit the driving of a UK registered passenger or goods vehicle. Local arrangements should be agreed for the speedy and efficient notification to the court that acceptable, or otherwise, production has been made. The Registered Keeper (RK) of the vehicle will receive a Notice of Intended Prosecution (NIP) within 14 days of the offence. A NIP is intended to warn you that you are going to be prosecuted for a driving offence. The onus is on the prosecution to establish that a particular location is a "road" or a "public place". A copy should be provided to all parties and to the court. These include: Failing to comply with a traffic sign. If the keeper is uncertain who was driving their vehicle they may still guilty of an offence unless they either provide the name of the driver or . Where did it happen? Section 170(3) places an obligation on the driver, if he does not give his name and address under subsection (2) above, to report the accident to a police constable or police station as soon as reasonably practicable and in any case within 24 hours.
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