Statute of limitations, no insurance
Discussion
Wonder if anyone here has a definitive answer, a colleague was pulled over for speeding in a 30mph zone, it transpired they were not insured as they were driving another colleagues car and didn't have the "driving other cars" on their own insurance.
They were allowed to get temporary cover at the roadside to continue the journey and avoid having the car seized.
Almost immediately they received an email from Thames Valley Police which was a report for summons advising to wait for further communication.
6 months have now elapsed since the date they were pulled over.
How long do they need to wait until they know what is next?
They were allowed to get temporary cover at the roadside to continue the journey and avoid having the car seized.
Almost immediately they received an email from Thames Valley Police which was a report for summons advising to wait for further communication.
6 months have now elapsed since the date they were pulled over.
How long do they need to wait until they know what is next?
The time limit is 6 months starting with the day on which the offence came to the knowledge of the prosecutor, subject to a bar from prosecution 3 years from the offence date.
See s.6 RTOA 1988.
ETA: “6 months from the date on which evidence sufficient in the opinion of the prosecutor to warrant the proceedings came to his knowledge.”
See s.6 RTOA 1988.
ETA: “6 months from the date on which evidence sufficient in the opinion of the prosecutor to warrant the proceedings came to his knowledge.”
Edited by agtlaw on Monday 20th January 18:20
Boobonman said:
Wonder if anyone here has a definitive answer, a colleague was pulled over for speeding in a 30mph zone, it transpired they were not insured as they were driving another colleagues car and didn't have the "driving other cars" on their own insurance.
They were allowed to get temporary cover at the roadside to continue the journey and avoid having the car seized.
Almost immediately they received an email from Thames Valley Police which was a report for summons advising to wait for further communication.
6 months have now elapsed since the date they were pulled over.
How long do they need to wait until they know what is next?
For what? What was he given at the roadside, what does it say in the email and is it for no ins, speeding or both, was the speed excessive?They were allowed to get temporary cover at the roadside to continue the journey and avoid having the car seized.
Almost immediately they received an email from Thames Valley Police which was a report for summons advising to wait for further communication.
6 months have now elapsed since the date they were pulled over.
How long do they need to wait until they know what is next?
Assuming he was cautioned at the roadside you would not normally receive any correspondence other than a FP offer or an SJPN
Not sure you are getting the whole story here, why not get your colleague to post a redacted copy of the email
In either case proceedings or a FP offer need to be started within 6 months of the offence, it can often be a bit longer until you receive anything through the post though
Edit to clarify as AGT has mentioned, for no insurunce the 6 months start when the prosecutor has recieved evidence of the offence. Speeding remains from the offence date
Edited by martinbiz on Monday 20th January 12:32
martinbiz said:
For what? What was he given at the roadside, what does it say in the email and is it for no ins, speeding or both, was the speed excessive?
Assuming he was cautioned at the roadside you would not normally receive any correspondence other than a FP offer or an SJPN
Not sure you are getting the whole story here, why not get your colleague to post a redacted copy of the email
In either case proceedings or a FP offer need to be started within 6 months of the offence, it can often be a bit longer until you receive anything through the post though
That’s wrong. There is no time limit for a FP offer. Also, the 6 months from the offence ‘rule’ does not apply to no insurance offences. Explained above. Assuming he was cautioned at the roadside you would not normally receive any correspondence other than a FP offer or an SJPN
Not sure you are getting the whole story here, why not get your colleague to post a redacted copy of the email
In either case proceedings or a FP offer need to be started within 6 months of the offence, it can often be a bit longer until you receive anything through the post though
Boobonman said:
Wonder if anyone here has a definitive answer, a colleague was pulled over for speeding in a 30mph zone, it transpired they were not insured as they were driving another colleagues car and didn't have the "driving other cars" on their own insurance.
They were allowed to get temporary cover at the roadside to continue the journey and avoid having the car seized.
Almost immediately they received an email from Thames Valley Police which was a report for summons advising to wait for further communication.
6 months have now elapsed since the date they were pulled over.
How long do they need to wait until they know what is next?
1. They were very lucky not to get the car seized, very lucky indeed. They were allowed to get temporary cover at the roadside to continue the journey and avoid having the car seized.
Almost immediately they received an email from Thames Valley Police which was a report for summons advising to wait for further communication.
6 months have now elapsed since the date they were pulled over.
How long do they need to wait until they know what is next?
2. I've never had any notices from any Police Constabulary relating to an alleged offence by email, to the point that in 2024 I could pay the speeding fine on line but had to send my drivers licence details by post. How sure is your colleague that the email was actually from TVP?
3. If they were also pulled for speeding they ought to have seen something on that by now
4. Who is the Registered Keeper of the car in question? Have the formal notices gone there?
martinbiz said:
Just to add, a summons would not be the usual course of events at this point unless he is in danger of being disqualified for totting up which may well be the case with a potential for 9 points minimum for these 2 offences
It’s 2025 so forget about a summons and he won’t get “9 points minimum.” I suppose it is possible to get 9 points but it generally does not happen as the two offences were committed on the same occasion.Unless liable for a ‘totting up’ disqualification then if prosecuted for no insurance and speeding expect 6-8 points. Also, a fine, surcharge and costs.
martinbiz said:
For what? What was he given at the roadside, what does it say in the email and is it for no ins, speeding or both, was the speed excessive?
Assuming he was cautioned at the roadside you would not normally receive any correspondence other than a FP offer or an SJPN
Not sure you are getting the whole story here, why not get your colleague to post a redacted copy of the email
In either case proceedings or a FP offer need to be started within 6 months of the offence, it can often be a bit longer until you receive anything through the post though
He wasn't given anything at the roadside, he says he got the automated email with 15 mins of leaving the stop. Assuming he was cautioned at the roadside you would not normally receive any correspondence other than a FP offer or an SJPN
Not sure you are getting the whole story here, why not get your colleague to post a redacted copy of the email
In either case proceedings or a FP offer need to be started within 6 months of the offence, it can often be a bit longer until you receive anything through the post though
The email states...
- Do NOT do anything in relation to this notice until you receive further communication from Thames Valley Police.
Please do not reply to this email as this email address is not routinely monitored.
You will be reported for consideration of the question of prosecuting you for the following offenses.
OFFENSE (S)
(Speeding and no insurance details)
OFFENSE DETAILS
(Location and time of offense)
OFFENDER DETAILS
(Name and ethnicity of offender)
VEHICLE DETAILS
(Details of car pulled over in)
WHAT THIS NOTICE MEANS
You have been given this notice because the issuing officer considers there is sufficient evidence to prosecute you for the above offenses.
The evidence in relation to this matter will be subject to review. Where appropriate, you will receive either a Postal Requisition or a Single Justice Notice, advising of the procedure for you to follow in relation to the Magistrates' Court Hearing.
Data protection stuff etc etc
agtlaw said:
martinbiz said:
Just to add, a summons would not be the usual course of events at this point unless he is in danger of being disqualified for totting up which may well be the case with a potential for 9 points minimum for these 2 offences
It’s 2025 so forget about a summons and he won’t get “9 points minimum.” I suppose it is possible to get 9 points but it generally does not happen as the two offences were committed on the same occasion.Unless liable for a ‘totting up’ disqualification then if prosecuted for no insurance and speeding expect 6-8 points. Also, a fine, surcharge and costs.
Would they not proceed with both if the speeding was towards the high end?
Collectingbrass said:
1. They were very lucky not to get the car seized, very lucky indeed.
2. I've never had any notices from any Police Constabulary relating to an alleged offence by email, to the point that in 2024 I could pay the speeding fine on line but had to send my drivers licence details by post. How sure is your colleague that the email was actually from TVP?
3. If they were also pulled for speeding they ought to have seen something on that by now
4. Who is the Registered Keeper of the car in question? Have the formal notices gone there?
1. Agreed although some officers don’t seize if they think the absence of insurance is a genuine mistake and the offender immediately takes out a policy.2. I've never had any notices from any Police Constabulary relating to an alleged offence by email, to the point that in 2024 I could pay the speeding fine on line but had to send my drivers licence details by post. How sure is your colleague that the email was actually from TVP?
3. If they were also pulled for speeding they ought to have seen something on that by now
4. Who is the Registered Keeper of the car in question? Have the formal notices gone there?
2. Very likely genuine email.
3. A NIP is not required if warned at the time. There is a 6 month time limit to institute proceedings for speeding; from the day of the offence where the offence date is not taken into account when computing the time limit.
4. Odd question as the driver was stopped and identified. What possible reason would there be to contact the registered keeper?
agtlaw said:
Collectingbrass said:
1. They were very lucky not to get the car seized, very lucky indeed.
2. I've never had any notices from any Police Constabulary relating to an alleged offence by email, to the point that in 2024 I could pay the speeding fine on line but had to send my drivers licence details by post. How sure is your colleague that the email was actually from TVP?
3. If they were also pulled for speeding they ought to have seen something on that by now
4. Who is the Registered Keeper of the car in question? Have the formal notices gone there?
1. Agreed although some officers don’t seize if they think the absence of insurance is a genuine mistake and the offender immediately takes out a policy.2. I've never had any notices from any Police Constabulary relating to an alleged offence by email, to the point that in 2024 I could pay the speeding fine on line but had to send my drivers licence details by post. How sure is your colleague that the email was actually from TVP?
3. If they were also pulled for speeding they ought to have seen something on that by now
4. Who is the Registered Keeper of the car in question? Have the formal notices gone there?
2. Very likely genuine email.
3. A NIP is not required if warned at the time. There is a 6 month time limit to institute proceedings for speeding; from the day of the offence where the offence date is not taken into account when computing the time limit.
4. Odd question as the driver was stopped and identified. What possible reason would there be to contact the registered keeper?
agtlaw said:
1. Agreed although some officers don’t seize if they think the absence of insurance is a genuine mistake and the offender immediately takes out a policy.
2. Very likely genuine email.
3. A NIP is not required if warned at the time. There is a 6 month time limit to institute proceedings for speeding; from the day of the offence where the offence date is not taken into account when computing the time limit.
4. Odd question as the driver was stopped and identified. What possible reason would there be to contact the registered keeper?
Could you clarify the bit in bold please?2. Very likely genuine email.
3. A NIP is not required if warned at the time. There is a 6 month time limit to institute proceedings for speeding; from the day of the offence where the offence date is not taken into account when computing the time limit.
4. Odd question as the driver was stopped and identified. What possible reason would there be to contact the registered keeper?
Boobonman said:
Could you clarify the bit in bold please?
If the person committing the alleged offence is stopped at the road side and informed that he may/will be reported for an offence it is not necessary to send a notice of intended prosecution to warn them.The idea if a notice of intended prosecution being issued within 14 days of the offence is so that the defendant can cast their mind back to that date and remember what happened if they were not informed at the time of the offence.
Edited by kestral on Monday 20th January 14:51
ED209 said:
Section 6 road traffic offenders act 1988 - no insurance time limit is 3 years.
Not quite, that is the bar to prosection time, it is still 6 months to proceed from the time the prosecutor is made aware off the offence, after 3 years if they find out there is sweet FA they can do about it"The time limit is 6 months starting with the day on which the offence came to the knowledge of the prosecutor, subject to a bar from prosecution 3 years from the offence date."
So from the date of the offense they have three years with which to present the offense to the prosecutor, and then a 6 month time limit from that point to instigate proceedings?
So from the date of the offense they have three years with which to present the offense to the prosecutor, and then a 6 month time limit from that point to instigate proceedings?
martinbiz said:
Not quite, that is the bar to prosection time, it is still 6 months to proceed from the time the prosecutor is made aware off the offence, after 3 years if they find out there is sweet FA they can do about it
.That's not quite correct.
It's not actually 'AWARE' it is 6 months from the point the prosecutor has 'sufficient evidence'. So the prosecutor might become aware in say February and start to investigate and after a month of investigation he then has sufficient evidence to proceed, it's 6 months from that point, not from when he became aware.
Also it is not just 'finding out' after 3 years that is a bar from prosecution, if they 'find out' within 3 years they must prosecute within 3 years of the offence date. The term finding out is assumed to mean having sufficient evidence.
Come on Agtlaw I have one gold star.
Boobonman said:
"The time limit is 6 months starting with the day on which the offence came to the knowledge of the prosecutor, subject to a bar from prosecution 3 years from the offence date."
So from the date of the offense they have three years with which to present the offense to the prosecutor, and then a 6 month time limit from that point to instigate proceedings?
No.So from the date of the offense they have three years with which to present the offense to the prosecutor, and then a 6 month time limit from that point to instigate proceedings?
It's 6 months from the time the prosecutor has 'sufficient evidence', that could be 18 months after the offence date.
The prosecution must take place within 3 years of the offence date. Not after.
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