9 Current Endorsements - NIP Red Light
Discussion
A Work colleague has today received an NIP in the post (within mandated time) for going through a red light ("1sec") - Avon & Somerset Police.
He currently has 9 current endorsements on his licence - 3 sets of 3 points endorsements for speeding - 6 points expire July 17.
The NIP provides 3 options:
- Course
- 3 points + £100*
- Court
He is absolutely adamant that he is attending a course on the basis of lack of clarity on the NIP. Given the circumstances I cant see how with his current licence endorsements a course would even be considered.
Personally, I think its clear cut and he's going to end up in court needing representation/defending himself... thoughts?
He currently has 9 current endorsements on his licence - 3 sets of 3 points endorsements for speeding - 6 points expire July 17.
The NIP provides 3 options:
- Course
- 3 points + £100*
- Court
- the NIP explicitly states that you cannot opt for the 3 points+£100 if you have 9+ endorsements as this will likely bring the points total into ban territory - therefore court can only be chosen however....
He is absolutely adamant that he is attending a course on the basis of lack of clarity on the NIP. Given the circumstances I cant see how with his current licence endorsements a course would even be considered.
Personally, I think its clear cut and he's going to end up in court needing representation/defending himself... thoughts?
Courses are at the discretion of the SCP offering them, they aren't enshrined in Law.
if he meets the criteria for one to be offered, then it may be offered. As it's discretionary I wouldn't have thought they would have to describe in minute detail the qualification criteria.
if he meets the criteria for one to be offered, then it may be offered. As it's discretionary I wouldn't have thought they would have to describe in minute detail the qualification criteria.
Edited by Durzel on Friday 7th April 11:20
OP was your colleague caught in his own car (i.e. he is the RK)?
I assume he was nabbed by a camera as if he was tugged at the roadside the cop/s would have discovered he was already on 9 points.
I'm also guessing that at present he is still at the S.172 stage (i.e. nominate the driver)
If so he will have to wait and see what the disposal option will be.
He can huff and puff as much as he likes but he can't insist on an SAC.
That offer is at the discretion of the police.
On 9 points he is definitely in line for a totting up ban.
He needs an administrative cock-up to get away without being dealt with by the magistrates.
I assume he was nabbed by a camera as if he was tugged at the roadside the cop/s would have discovered he was already on 9 points.
I'm also guessing that at present he is still at the S.172 stage (i.e. nominate the driver)
If so he will have to wait and see what the disposal option will be.
He can huff and puff as much as he likes but he can't insist on an SAC.
That offer is at the discretion of the police.
On 9 points he is definitely in line for a totting up ban.
He needs an administrative cock-up to get away without being dealt with by the magistrates.
BristolRich said:
A Work colleague has today received an NIP in the post (within mandated time) for going through a red light ("1sec") - Avon & Somerset Police.
He currently has 9 current endorsements on his licence - 3 sets of 3 points endorsements for speeding - 6 points expire July 17.
The NIP provides 3 options:
- Course
- 3 points + £100*
- Court
He is absolutely adamant that he is attending a course on the basis of lack of clarity on the NIP. Given the circumstances I cant see how with his current licence endorsements a course would even be considered.
Personally, I think its clear cut and he's going to end up in court needing representation/defending himself... thoughts?
If they offer a course for a red light offence and he meets the A&S criteria for one he can do a course if the police say so after he admits driving and opts for it.He currently has 9 current endorsements on his licence - 3 sets of 3 points endorsements for speeding - 6 points expire July 17.
The NIP provides 3 options:
- Course
- 3 points + £100*
- Court
- the NIP explicitly states that you cannot opt for the 3 points+£100 if you have 9+ endorsements as this will likely bring the points total into ban territory - therefore court can only be chosen however....
He is absolutely adamant that he is attending a course on the basis of lack of clarity on the NIP. Given the circumstances I cant see how with his current licence endorsements a course would even be considered.
Personally, I think its clear cut and he's going to end up in court needing representation/defending himself... thoughts?
If a course is not offered then a FPN cannot be offered as he will tot up to 12points and he is out...unless he pleads exceptional hardship to the magistrates.
A course is his best option if he is within the criteria for the course, how many points he has isn't in that criteria.
blueg33 said:
Ops friend needs glasses and/or driving lessons
I'd say they need to re-read the highway code, and retake their driving test!If I somehow gained 9 points on My licence, then I'd be driving in a manner that would Make "Driving Miss Daisy" look like The Fast And The Furious"!
Personally speaking I'm fed up with the number of people just driving through red lights these days as if it doesn't matter, even on pedestrian crossings.
I'd be more than happy to see driving through a red light without good reason (such as being instructed to drive through by a Police Officer, or to assist an emergency vehicle on a blue light run), result in a 12 month driving ban!
jamoor said:
4rephill said:
Personally speaking I'm fed up with the number of people just driving through red lights these days as if it doesn't matter, even on pedestrian crossings.
Indeed.Beggars belief.
And this wasn't even an oap, the woman must have been in her mid 20's.
Not long after SACs came in, a work colleague of mine was offered one for a minor speeding offence when she already had 9 points. So it does happen.
Though having said that, 3 of her points were due to expire in a fairly short time, so whether they thought the court date would be after that (when she'd only have 6 again) is another matter. I doubt very much if anyone looked into it that deeply though.
Though having said that, 3 of her points were due to expire in a fairly short time, so whether they thought the court date would be after that (when she'd only have 6 again) is another matter. I doubt very much if anyone looked into it that deeply though.
sim72 said:
Not long after SACs came in, a work colleague of mine was offered one for a minor speeding offence when she already had 9 points. So it does happen.
Though having said that, 3 of her points were due to expire in a fairly short time, so whether they thought the court date would be after that (when she'd only have 6 again) is another matter. I doubt very much if anyone looked into it that deeply though.
I'm pretty sure the totting-up is based on the dates of the offences, not the date they were added. Otherwise you could deliberately stall the court process to gain time.Though having said that, 3 of her points were due to expire in a fairly short time, so whether they thought the court date would be after that (when she'd only have 6 again) is another matter. I doubt very much if anyone looked into it that deeply though.
4rephill said:
If I somehow gained 9 points on My licence, then I'd be driving in a manner that would Make "Driving Miss Daisy" look like The Fast And The Furious"!
exactly what i did, drove around in a shed of a v70 volvo that could just about do 80 flat out downhill with a tail wind Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff