Should I sign the NIP response form? The question on many people's lips - see our comments hereWhen should you get one?
The following offences require (under Section 1 of the Road Traffic Offenders Act 1988 - you'll find the whole Act here) that you be given notice of the fact that you may be prosecuted:- 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
What form must the notice take?
It can be :- 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).
If you have not been given the notice within 14 days (ignoring the day of the offence) then they cannot proceed against you unless an exception applies (see below).
Exceptions & Get Outs
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. [These are our highlights - might apply for example if you drive a hire car, company car or you were not the registered keeper] e) Service of a notice at the last known address of the accused will suffice for good service. Do you need to respond to a Notice of Intended Prosecution?
Under European legislation and now our own Human Rights Act, the answer was thought to be "No". But this loophole now seems to have been closed by the courts - check out the latest by clicking here.
In other words "The've got you by the bo88ocks" Motorcycling is such fun in this our Green and pleasant land. At this rate there will be no members left to ride. May be if the law was changed < that all motor cycles be 100cc restricted to 40 mph, stabilisers fitted so no corners could be taken at a speed faster than walking pace, unfortunatly then all the people making Speed Safety devices would be out of a job, no requirements to have Police wasting all there valuable time siting in some cold damp hedgerow, the courts and admin people could then do more to catch and prosecute the real s8its of society. I use to watch those Fly on the Wall police action doc's, you no like Police Inticeptors, not any more, you can have too much of seeing smug Law Enforement people having a whale of a time chasing big time criminals that have not taxed there car. Brings it home when we see the topmen slipping up like the guy arriving with all the info on the latest terrorist threat,photographed for all the world to see, bit like us going over the top some times. The guy that ploughed down the young girl a few weeks back, it would be interesting reading just what we don't read about involving our not so perfect Law Enforcment society
"The guy that ploughed down the young girl a few weeks back"
He has been charged with causing death by dangerous driving-which they stated could carry a prison sentence.
I hate the camera vans and fixed camera's as much as the next man but we cannot blame the police for them-it's the bloody polititions we have to blame. Someone-not me-voted for this bunch of crooks-and unfortunately they are there for at least another 12 months-with no guarantee of anything better in the future. We all have to accept that the motorist is easy meat for a goverment that is desparate to raise funds-and nothing anyone says to me will ever convince me that all the attention on speed is anything BUT a means of raising funds. The appalling drop in the general standard of driving in this country since the goverment decided that speed was the only issue is frightening. As long as you keep within the speed limit you can get away with just about anything-and people do-why-because there are very few traffic police about to stop them.
Bikes: R1200RT F800GS. Hopefully another Ducati soon
Posts: 2,526
Join Date: Apr 2005
Monty, quite agree with you.
I think the plod who killed the girl has already been told that he will face prison as he was doing 94 in a built up area, if its the same case.
Whilst I agree something has to be done about driving, the fact that there are virtually no police cars roving about suits me as I know where all the fixed cameras are on my usual routes and the places that they site the vans.
However if proof were needed that Plod are not interested in general driving standards I saw the police last weekend watch two cars drive the wrong way up a one way street as the officer sat in the car with blue lights on at the traffic lights whilst the miscreants sorted themselves out. After they were safely going the right way the blue lights went off and they all drove off, not so much as a discussion never mind a ticket !
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.
So if a NIP lands on the door mat should we be looking at the posted date? within say 13 days and not the date it arrives ?? or does exceptions A cover that
" As long as you keep within the speed limit you can get away with just about anything-and people do-why-because there are very few traffic police about to stop them.
Rant over.
John
So, if I do a drive-by shooting at 28mph in town I'll be OK then. Man, thats COOOOL..