VALIDITY OF A NIP?

[Arif110]

Now I'm sure this has been covered a lot - but having spent the last half an hour searching the fora for anything - have not found any threads on this (the last year).

So is a NIP (Notice of Intended Prosecution) for speeding valid if:

1) It is unsigned - printed name of person issuing - no signature, 'electronic' or otherwise.

2) There were no notices at the speed trap of its existence - can a NIP be valid if it was obtained via unmarked officers, with an unmarked vehicle, out-of-view - HIDDEN - and with no 'Police Speed Check Area' signs put out?

Further - what is the latest legal position on their requiring the driver to incriminate themselves by revealing their details?

Equipment calibration - I recall the LT220 (IIRC) was a commonly-used, but not really reliable unit? Either way - how often should their equipment be calibrated?

For a medical doctor travelling 36 & 37 (2 NIPs) in a 30-zone - would a court throw it out? The latter NIP would lead to 12 points/ban.

What were the other loopholes I'd read about - concerning for example who signed the NIP, or when it was issued precisely, or somesuch?

Many thanks in advance for your help - and no, I don't really feel guilty trying to help someone out who was doing 36 in a 30-zone!


Arif

Edited by Arif110 on Monday 5th February 08:38

[k50 del]

Doubtless you'll get some good answers on here, but for the latest up-to-date situation regarding NIPs etc, head over to www.pepipoo.com

[eccles]

have a look on the speed plod and the law forum, i believe there was a thread on unsigned NIP's not long ago.( i think,from memory, they are still valid)

[Arif110]

Thank guys...

I could've sworn there had been a SP&L forum here - but couldn't see it listed!? Maybe I was looking for 'Police...'.

Pepipoo was an excellent pointer - thanks.

Any further wisdom imparted by fellow PH'ers (& BiB) would be appreciated.

This isn't actually about ducking the law - but about ascertaining correct and due process. The rules should cut both ways.

[Dwight VanDriver]

Nut shell -

NOIP:

Unless verbally at the time has to be served by the end of the 15th day from the date of the offence (14 days not including DOO) by personal service or by post. Second class post not allowed. There is no requirement at law that it has to be signed. The object is to bring to the attention of the alleged offender possibility in the future of a prosecution.

FORM TO NAME DRIVER (S 172)

Should have some information that it is by or on behalf of the Chief Officer of Police.
Returnable within 28 days, SIGNED, or they take action for failing to give details with same penalty points at Court as speeding.

SIGNING CAMERA

No obligation at law to erect warning signs of speed trap ahead. The actual limit itself has to conform to signing requirements under Traffic Signs and General Directions 2002.

INCRIMINATION IN SIGNING 172 FORM

Judgement awaited from UCHR.

CALIBRATION

They are not obliged to dislose calibration details at the Conditional Offer stage (pay £60 collect 3 points job done) They will have to do so if Court hearing elected and if NG plea entered when by law they have to disclose all evidence.

FLYING DOCTOR

See earlier post on hardship and effect on disqualification. (Nine points on Licence)

Section 87 Road Traffic Regulation Act 1984 :

No statutory provision imposing a speed limit on motor vehicles shall apply to any vehicle on an occasion when it is being used for fire brigade, AMBULANCE or police purposes if the observance of that provision would be likely to hinder the use of the vehicle for the purposes for which it is being used on that occasion

Thus a Doctor taking a very sick person to hospital in his own car may try and claim this, it does not apply if he was going to examine/treat a sick person.

dvd