Road Traffic Offenders Act 1988, Section 1 is up to date with all changes known to be in force on or before 28 April 2022. If you receive a NIP, you have 28 days from the date of receipt to either confirm you were the driver or provide the name and address of the person driving at the time of the offence. The only obligation on the part of the Police is to serve the Notice on the registered keeper of the vehicle within 14 days of the offence. Got a Notice of Intended Prosecution through the post for 62 in a 50. So, the NIP you receive must be dated within 14 days of the offence. 16:30 17/10/2019. The law requires that to be convicted of certain specified road traffic offences the driver, or registered keeper, of the vehicle in question must receive a warning that a prosecution is being considered within 14 days of the date of the commission of the offence (as it can be difficult to defend oneself if only notified long after the event). Furthermore, a driver must be warned that he is facing a prosecution within 14 days from the date of the offence. Totting Up 12 Points. 1. This is done by a Notice of Intended Prosecution (NIP). The court will normally assume that the NIP arrived within 14 times if posted in time, however you can present evidence to show that in actual fact it didnt arrive within 14 days. This can be given either verbally or in writing usually within 14 days of the alleged offence the only exception being where there has been an accident. An 'acquaintance' of mine received an NIP for Dangerous Driving in the post yesterday. A failure to comply with the 14 day time limit is usually fatal to the prosecution case. The NIP must comply with other requirements which include details of the offence, the date and the location. If you fail to respond to this notice within the timeframe, you may be charged under Section 172 of the Road Traffic Act 1988. He overtook a stopped car in a mini roundabout and got pulled. Warn you that a prosecution is being considered in cases of dangerous driving or driving without due care and inconsiderate driving; failing to comply with speed limit/traffic sign/traffic direction; dangerous, careless or inconsiderate cycling. Please confirm that no further action will be taken. Posted June 29, 2011. The offence of dangerous driving under section 2 of the Road Traffic Act 1988 is committed when the defendants driving falls far below the standard expected of a competent and careful driver and it would be obvious that driving in that way would be dangerous section 2A of the RTA 1988. NIP By Post. Conviction for either offence will result in an immediate ban. 4a) As such, a NIP sent out on day 13, but not arriving until after day 14, could be easily argued that it is time expired. The Police do not have to prove that the Notice reached its intended recipient within 14 days, merely that they believe that it arrived, but there may be a defence available if the intended recipient can convince a Court that the notice did not arrive in time or at all. Without a NIP how will anyone know who was driving??!! The Notice must be sent to the registered keeper to arrive within 14 days of the offence. This is done by a Notice of Intended Prosecution (NIP). Once the NIP has been returned and the driver identified, the police must decide what action to take, usually by issuing a fixed penalty notice or driver training request. Court appearance. The registered keeper is the person and/or company whose details are held on the DVLA database. If the details of the driver at the time of the alleged offence are not known, the notice of intended prosecution will contain a section 172 request to provide the drivers details. If they gave your partner a verbal NIP, there is no requirement to send a postal NIP within 14 days, or at all. Exceeding passenger vehicle speed limit. The police can issue a NIP verbally after the vehicle has been stopped, or served by post within 14 days of the alleged offence. A NIP may be issued for example for the following motoring offences: What to do if you receive a NIP? It is vital that you deal with it correctly as it is very easy to get the procedure wrong. We can help with all motoring offences such as driving without insurance, drug driving, failing to provide a specimen, mobile phone offences and many more. A NIP can be issued for offences such as speeding, failing to comply with a traffic sign, leaving a vehicle somewhere dangerous, careless driving, or dangerous driving. If it is issued to you after the incident, it must be done within 14 days. Single carriageway which was inexplicably a 50, maybe I missed a If the motor offence is serious for example, you are accused of dangerous driving your case will be referred to court. Our team has successfully defended some of the most serious road traffic offences in the Crown Courts, such as causing death by dangerous driving or causing serious injury by dangerous driving. The NIP must be served on the registered keeper within 14 days of the offence. The maximum penalty for dangerous driving is up to 2 years in prison, a minimum driving ban of 12 months and an extended retest at the end of the ban. NOT that you received it within the 14 days however a recent case in England (Gidden v Chief Constable of Humberside) indicated that if the motorist could show that the notice was received out with the 14 day limit then the motorist If you have been caught by a speed camera, you will be sent a Notice of Intended Prosecution (NIP) within 14 days and a section 172 notice, within 28 days. causing death A DANGEROUS motorist who drove towards oncoming traffic on the wrong side of the road is among offenders caught on camera in Northamptonshire. if you get a ticket from a speed camera) and must be received within 14 days of the offence (or dispatched so that it would reach the driver within the 14 days within the ordinary course of the post). You may receive an NIP within 14 days. There are changes that may be brought into force at a future date. There is a great deal of confusion about time limits for the receipt of a Notice of Intended Prosecution. Make sure that the NIP was served on the registered keeper (on the v5 log book) outside of the 14 days and then come back to me. Traffic congestion and alcohol consumption are key contributing factors. Changes that have been made appear in the content and are referenced with annotations. When you receive a NIP, you must fill in the information required and return it within 28 days. In Scotland it is sufficient that the police or Road Safety Camera Partnership can show that they sent the Notice within the 14 days. There is no such thing as rejecting an NIP. It will become invalid if the NIP was sent out well outside the 14 day window regardless of who it was sent to. I am afraid the police are right in relation to the NIP issue. There are exceptions to the 14 day NIP rule and the main one is if the police send the NIP to the address that they have from the DVLA or they have trouble tracking you down. 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 drivers details, which is a 6 penalty point offence with a fine of up to 1,000. Does the 14 day rule apply if the letter goes to the wrong address? Make sure youre not driving and are in a safe place when you call. If not then you cannot be charged with the original. Promotion of road safety. The current minimums are 2 years for death by dangerous driving and 1 year for dangerous driving. A NIP can be issued verbally to the driver at the time of the offence or in written form 14 days from the date of the offence. 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 drivers details, which is a 6 penalty point offence with a fine of up to 1,000. If driver details are not received within 28 days or the police cannot trace the driver whose details you have given, you can be charged for the offence of failing to provide the details of the driver. However, a notice of intended prosecution must be served to the registered keeper of the vehicle within 14 days of the alleged offence. Furthermore, a driver must be warned that he is facing a prosecution within 14 days from the date of the offence. Speeding offences are categorised according to the severity of the offence. Please contact Brian Koffman. You can reject an NIP if it is dated more than 14 days after the offence took place Credit: Getty. Speeding offences are categorised according to the severity of the offence. The NIP states i was reported for dangerous driving on said date and time. If you witness dangerous driving, you can report a bad driver to the police. If you do not then you have a defence to the initial allegation such as speeding. 1. The Notice of Intended Prosecution procedure initiates either verbally or by writing at the time the offence was committed, or within 14 days of the offence a summons or Notice of Intended Yours, etc. This must be returned to inform the police who was driving the car. Here are the Top 10 most dangerous days to drive: Fourth of July. If it is dated outside of this time, the notice is invalid. If a driver has been stopped by the police for a speeding offence a verbal NIP can be given. If it is dated outside of this time, the notice is invalid. 37. a red light); careless driving; use of mobile phone while driving or dangerous driving You may have heard that if you get a speeding ticket Dangerous driving; Careless and inconsiderate driving; Speeding; Leaving a vehicle in a dangerous place; Failing to comply with a traffic sign. Do I need a Solicitor? Within 14 days of being caught speeding by a speed camera, you will be sent a Notice of Intended Prosecution (NIP) and a Section 172 notice. Under the Road Traffic Act 1998 the NIP has to be sent to the registered keeper within 14 days of the speeding offence. 2) The Notice of Intended Prosecution was sent to the Registered Keeper within 14 days of the index offence but received by the Registered Keeper more than 14 days after the alleged offence. A NIP may be issued for example for the following motoring offences: speeding; failing to conform with a traffic signal (eg. The police must send the notice so that it can be expected to arrive within 14 days of the alleged offence. This can be communicated verbally to you at the scene of the alleged crime, or it can be posted or served to you. dangerous, careless or inconsiderate driving; However the offence took place on 15 May, the NIP is dated 27 June. There are circumstances where you may not have received the NIP within 14 days, if for example the DVLA do not have It should state the nature of the offence (for example Speeding) together with the time, date and place, so you know exactly what is being Posted July 26, 2012. mary70 said: About 3-4 days if it goes over a certain time they cant send them, you may have been lucky. This also seems to apply for offences of " dangerous, careless or inconsiderate driving". Clock. Common offences requiring a NIP include: dangerous driving, careless driving, speeding and disobeying traffic signs and traffic signals. offence but you can be charged with failing to name the driver. - Yes Although you are the Registered Keeper, were you also the keeper of the vehicle concerned (the person normally responsible for it) at the time of the alleged offence? It will become invalid if the NIP was sent out well outside the 14 day window regardless of who it was sent to. Under s2 (1) Road Traffic Offenders Act 1988, if an accident has occurred this dispenses with the need to serve a notice of intended prosecution as the accident itself is deemed to put the driver on notice that they could be prosecuted. The law states that a defendant cannot be convicted of certain road traffic offences (see below for examples) unless they have received prior warning that they are being considered for prosecution. Call 999 if dangerous driving's in progress and you think the driver could cause themselves or others a serious injury, for example if theyre a drink driver. A notice of intended prosecution must be served within 14 days after the alleged offence. Please confirm that no further action will be taken. In camera cases, a NIP will be posted to the registered keeper of the vehicle. NIPs can also be issued verbally to the driver at the time of the offence. Or send a letter/knock door to come for an interview in this scenario? If you receive a NIP after 14 days of the incident, it may be considered invalid. Notice of Intended Prosecution (NIP) If you have been caught speeding by a road side camera the police must serve a Notice of Intended Prosecution with a Request for driver information to the registered keeper of the vehicle. If you receive a s/172 notice, you will have 28 days to return the completed s.172 notice to the police. 2b) Providing that witness is credible, the speeding charge has no realistic prospect of succeeding. I'm a bit surprised as the road where I was apparently speeding at 44mph has a 50mph limit and I would be requesting the evidence in the normal course of things. If you own the vehicle and you are the registered keeper of the vehicle, the notice of intended prosecution should be sent to your registered home address within 14 days of the offence. You may have heard that if you get a speeding ticket through the post more than 14 Speed was not an issue. This is done via a Notice of Intended Prosecution (NIP/s172 Notice). It may therefore be later than 14 days. There was no other cars involved, no accident and no one hurt. It is extremely important that you keep your V5 up to date and your licence with any A NIP, or Notice of Intended Prosecution, is used to notify you that you may be prosecuted for a road traffic offence that has been committed. The law states that the NIP has to be served within 14 days, and this time includes the normal postage time. Motoring Offence Solicitors offer the very best, privately funded legal representation to clients accused of motoring offences in Manchester and across the UK. 1. You will then either be sent a Fixed penalty notice (FPN) or a letter telling you to go to court. The law states that the police must send the NIP within 14 days of the offence, not including the day it happened. Is the car registered to you on the V5? Also, if you do not receive the NIP because you failed to update your address with DVLA, this is deemed to be your fault. Note: "signed" can include typed or a printed signature. 35. If the driver of a vehicle is not known, then the owner of the vehicle may be served instead. The law states that the police must send the NIP within 14 days of the offence, not including the day it happened. Driving without due care and attention. 36. Dangerous Driving. (albeit by 2mph) I fail to see the disadvantage.