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Post by chi_chee on May 16, 2005 12:06:09 GMT -5
i thinks its normally 14 days (not sure whether its working or inc weekends).........or if your really unlucky u will get a visit from the police!
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Post by BigOL on May 16, 2005 12:39:28 GMT -5
Okay heres the law
NIP - Notice Of Intended Prosecution. This is that all important bit that people keep asking me about. It pertains to the 14 day rule that surrounds service of an NIP. As with all traffic offences in the UK, an NIP is required for prosecution to proceed. If you're stopped at the scene however (for example, by a radar-gun-toting traffic policeman), then a verbal NIP is sufficient. Otherwise it must be in writing. So theoretically, if you've not heard anything after 3 weeks, you got away with it. Not, of course, that the police don't get the calculations wrong from time to time - there's no better way to knock the smile off a prosecutors face than to ask if they can prove service of an NIP. In order to remove some of the mystery from this area - or cast it into a murky grey area depending on your view of things, here are the relevant excerpts from Butterworth's Police Law (Butterworth's Law; ISBN 0406981469). Thanks to Simon Hepworth for help with this information. Stuff not of interest to the subject of speeding have been omitted, stuff with particular relevance to NIPs and speeding has been underlined. You'll need a stiff cup of coffee and a shedload of concentration to proceed, so go ahead and make a 6-scoop cuppa and then come on back and read on:
In the case of a number of moving traffic offences, the driver, if not stopped and interviewed by the police at the time, may experience considerable difficulty in recalling the circumstances some weeks after the event. For this reason, the Road Traffic Offenders Act 1988, section 1 states that, in relation to certain named offences, a person shall not be convicted unless:
he was warned at the time of the possibility of prosecution for the offence; or he was served with a summons for the offence within 14 days of its commission; or a notice of intended prosecution specifying the nature of the alleged offence and the time and place where it is alleged to have been committed was served within 14 days on him or the person, if any, registered as the keeper of the vehicle at the time of the commission of the offence. (In the case of dangerous or careless cycling the notice must be served on the rider.)
The requirements of section 1 are deemed to have been complied with unless and until the contrary is proved. The following offences require notice of intended prosecution in one of these forms:
Road Traffic Act 1988 Section 2: Dangerous Driving Section 3: Careless, and inconsiderate driving Section 22: Leaving a vehicle in a dangerous position Section 28: Dangerous cycling Section 29: Careless, and incosiderate cycling Section 35: Failing to conform with the indication given by a constable engaged in the regulation of traffic Section 36: Failing to comply with the indication given by a traffic sign
Road Traffic Regulation Act 1984 Section 16: Exceeding temporary speed restrictions imposed under section 14 Section 17(4): Exceeding speed restrictions on special road Section 88(7): Exceeding temporary speed limit imposed by order Section 89(1): Speeding offences generally
Aiding and abetting any of the above offences
However, such notice need not be given in relation to an offence in respect of which a full or provisional fixed penalty notice has been given or fixed under the provisions of the Road Traffic Offenders Act 1988.
Source:http://www.speed-trap.co.uk/Accused_Home/Rules_useage/The_Law.htm
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Qwakrz
loves it here
HDi - Looking for 180BHP
Posts: 79
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Post by Qwakrz on May 16, 2005 15:49:26 GMT -5
If you are the registered keeper of the vehicle and have been for a while then they have 14 days to send you the NIP correctly addressed and with the minimum of a 1st class stamp. If you have moved or they can prove that they did try to find you then the 14 day rule does not apply and you can be served as below.
If you are the user of a vehicle that is not owned by yourself (e.g. business car / hire) then the owner has to be served within 14 days, they then can take upto 28 days to tell the police that you were driving, basically you could see a NIP anytime.
No matter what the date on the NIP you MUST comply with section 172 of the form as the S172 form does not have a time-out, if you get a request for driver information you MUST comply or risk getting points and a fine for failure to disclose. (see my link posted earlier for more info)
Time-out for speeding offence to be applied to the court is 6 months from date of NIP. If the court has recieved a request to prosicute before the 6 months is up then it can go on for upto 2 years.
I think that is right.
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Post by LeeXS on May 17, 2005 8:46:15 GMT -5
Well I thought I got caught Tuesday nite - 14 days ago!! So if I get nothin in the post 2mw I should be ok then!! I hope - touch wood!!
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Post by Jimmy on May 17, 2005 8:52:42 GMT -5
fingers crossed for u mate
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