A taxi driver’s guide to dealing with Notice of Intended Prosecution (NIP) from the LTDA
Paul Kirby, Executive Senior Officer at Licensed Taxi Drivers’ Association (LTDA), provided information in the latest TAXI Newspaper detailing what a Notice of Intended Prosecution (NIP) is and how taxi drivers should approach them.
What are they?
A NIP is a notice issued by the police that informs a driver that they intend to prosecute them for a motoring offence.
Offences for which a notice is served include speeding, contravening a traffic signal (e.g. a red light), careless driving, dangerous driving or using a mobile phone whilst driving.
The purpose of the NIP is to ensure that sufficient notice is given to the registered keeper or the driver of the vehicle that they could be prosecuted whilst events are still fresh in their mind. This process is designed to ensure that the driver is not unfairly prejudiced in the event the matter progresses to Court.
How will a notice be received?
The NIP can be given verbally by the police at the time of the alleged offence after a vehicle has been stopped. If the vehicle was not stopped at the time, as in a fixed or mobile camera, it will be served by post to the registered keeper of the vehicle and dated within 14 days. If it is served by post it will contain the following details:
The offence for which prosecution is being considered (e.g. speeding)
The time & date of offence
The vehicle alleged to be involved
The location of alleged offence.
If an offence was committed but no NIP has been received in the post within 14 days – can the driver still be prosecuted?
There are several reasons why you may not have been issued a notice in the post within 14 days. If you were stopped by the police, it would have been given verbally.
If the vehicle within which the alleged offence took place was registered to another person such as a taxi rental garage, they will reply to the police giving the details of the driver. After the police have obtained these details they will send the notice to them, although there are no time limits within which they must do so (provided that the notice was received within 14 days by the registered keeper of the vehicle). In such circumstances, a person may receive a notice several months after the alleged offence took place but still be prosecuted.
What happens if the driver doesn’t respond to a requirement for the identity of a driver?
Failure to respond to a requirement for driver details will normally result in a prosecution for failure to furnish information contrary to s172 Road Traffic Act 1988. This offence carries six penalty points on conviction, which is a higher penalty for most offences in relation to which the NIP has been issued. Therefore, it is not a good idea to ignore the NIP.
What happens after the driver responds to a NIP?
If the police receive an admission from the person to whom the NIP has been issued that they were driving at the time of the offence there are three ways, the matter can be progressed:
Offer of speed or safety awareness course
Fixed penalty offers of three points and £100 fine, higher for certain offences
Court proceedings by way of Single Justice Procedure (SJPN) or postal requisition.
