14 day rule |
Helping the motorist get justice 
Helping the motorist get justice
14 day rule |
 Sat, 5 Mar 2011 - 12:11
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#1
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Member Group: Members Posts: 17 Joined: 17 Oct 2008 From: Cheshire Member No.: 23,307  |
My son was driving a company vehicle and was flashed allegedly doing 51mph in a 40 zone.
He is English and was flashed in England on 01/02/2011 but has only just recieved the letter today 05/03/2011 dated 04/03/2011. Does the 14 day rule still apply or are the rules different to take in to account the extra time taken to find the driver of the vehicle? Regards Kev |
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Sat, 5 Mar 2011 - 12:11
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Sat, 5 Mar 2011 - 12:20
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#2
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 Member Group: Members Posts: 7,686 Joined: 21 Dec 2004 From: ------------- Member No.: 2,073 |
QUOTE (horne65 @ Sat, 5 Mar 2011 - 12:11)  Does the 14 day rule still apply or are the rules different to take in to account the extra time taken to find the driver of the vehicle? For certain offences (speeding included), and subject to certain exceptions, the police / SCP have a statutory obligation to serve a NIP on the driver OR the registered keeper of the vehicle within 14 days. Subsequent notices (where a driver has been nominated, for instance), are not subject to the same requirements. In your son's case, the initial NIP would have been served on the RK of the vehicle. If you know who this is, they may be able to advise you when the NIP was served on them. |
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Sat, 5 Mar 2011 - 12:46
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#3
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Member Group: Members Posts: 17 Joined: 17 Oct 2008 From: Cheshire Member No.: 23,307 |
So if its done through a company the police can take as long as they want?
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Sat, 5 Mar 2011 - 12:48
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#4
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Member Group: Members Posts: 13,506 Joined: 9 Jan 2008 From: manchester Member No.: 16,521 |
QUOTE (horne65 @ Sat, 5 Mar 2011 - 12:46) So if its done through a company the police can take as long as they want? 5 months really -------------------- jobo
anyone but Murray, Wish granted for another year, |
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Sat, 5 Mar 2011 - 12:49
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#5
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 Member Group: Members Posts: 6,723 Joined: 3 Apr 2006 From: North Hampshire Member No.: 5,183 |
The first NIP has to be served within 14 days. There is no time limit on subsequent notices. The company may not be the RK, there may be a lease or finance company who is the RK.
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Sat, 5 Mar 2011 - 12:51
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#6
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Member Group: Members Posts: 7,686 Joined: 21 Dec 2004 From: ------------- Member No.: 2,073 |
QUOTE (horne65 @ Sat, 5 Mar 2011 - 12:46) So if its done through a company the police can take as long as they want? In your son's case, and accepting that he is not the RK, they would have been required to serve a notice of intended prosecution on the registered keeper within 14 days of the alleged offence. Once the initial notice had been served in accordance with statute, there was no need for any further NIPs to be served (at all). NB - don't confuse a NIP with a s.172 request - whilst they may be combined in a single document, they are governed by completely separate legislation. |
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