Is there a time limit on NIPs?
Discussion
tight fart said:
Is there a time limit, eldest got a tugs for no MOT on 13-11-15 he had the test done the following morning and never heard anything until yesterday.
Letter dated 20-1-16
I thought they had to notify you quicker than that?
V5 at correct address etc.
I think they have 6 months (from the date of the offence) to notify you in this case.Letter dated 20-1-16
I thought they had to notify you quicker than that?
V5 at correct address etc.
A NIP is only required for certain offences. Driving without an MOT is not one of them, so in this case there is actually no requirement for him to receive a NIP at all, let alone a time limit for him to receive it.
Where a warning of the prosecution is required it can be done verbally at the roadside - if it is then there is no requirement to serve a written NIP within 14 days (or any other time period).
Off the top of my head the offences which do require a NIP are dangerous driving, careless driving, speeding, traffic sign/light offences, and dangerous parking. There may be one or two others - but generally offences which relate to paperwork (like no licence/insurance/MOT) as appreciate to the actual manner of driving do not require NIPs.
Where a warning of the prosecution is required it can be done verbally at the roadside - if it is then there is no requirement to serve a written NIP within 14 days (or any other time period).
Off the top of my head the offences which do require a NIP are dangerous driving, careless driving, speeding, traffic sign/light offences, and dangerous parking. There may be one or two others - but generally offences which relate to paperwork (like no licence/insurance/MOT) as appreciate to the actual manner of driving do not require NIPs.
"Notice of Intended Prosecution
Section 1 RTOA 1988 provides that a defendant cannot be convicted of certain road traffic offences unless he or she has been warned that the question of prosecution would be taken into consideration. Such a warning is normally known as 'notice of intended prosecution', or NIP.
The offences to which section 1 RTOA applies are listed in schedule 1 of that Act. They are, under the RTA:
Section 2 (dangerous driving)
Section 3 (careless driving/driving without reasonable consideration)
Section 22 (leaving the vehicle in a dangerous position)
Section 28 (dangerous cycling)
Section 29 (careless cycling)
Sections 35 and 36 (disobeying certain traffic signs and police signals)
And under the Road Traffic Regulation Act:
Sections 16, 17(4), 88(7) and 89(1) (speeding offences)
or aiding and abetting any of the above."
http://www.cps.gov.uk/legal/p_to_r/road_traffic_of...
"Laying of the Information
Section 127 Magistrates' Court Act 1980 states that for all summary offences the information must be laid within six calendar months of the commission of the offence, except where any other Act expressly provides otherwise."
All in the link given above which has a lot more so you need to read through it. No MOT doesn't require an NIP.
Section 1 RTOA 1988 provides that a defendant cannot be convicted of certain road traffic offences unless he or she has been warned that the question of prosecution would be taken into consideration. Such a warning is normally known as 'notice of intended prosecution', or NIP.
The offences to which section 1 RTOA applies are listed in schedule 1 of that Act. They are, under the RTA:
Section 2 (dangerous driving)
Section 3 (careless driving/driving without reasonable consideration)
Section 22 (leaving the vehicle in a dangerous position)
Section 28 (dangerous cycling)
Section 29 (careless cycling)
Sections 35 and 36 (disobeying certain traffic signs and police signals)
And under the Road Traffic Regulation Act:
Sections 16, 17(4), 88(7) and 89(1) (speeding offences)
or aiding and abetting any of the above."
http://www.cps.gov.uk/legal/p_to_r/road_traffic_of...
"Laying of the Information
Section 127 Magistrates' Court Act 1980 states that for all summary offences the information must be laid within six calendar months of the commission of the offence, except where any other Act expressly provides otherwise."
All in the link given above which has a lot more so you need to read through it. No MOT doesn't require an NIP.
A very quick Google suggests that Scotland is not a place to do it!
http://www.crownoffice.gov.uk/foi/responses-we-hav...
http://www.crownoffice.gov.uk/foi/responses-we-hav...
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