Speeding Ticket (NIP)

[Berbatov]

Are the M42 Variable Speed prosecutors allowed 14 WORKING DAYS or is it only 14 DAYS ( from offence, including Saturday and Sunday)?

Thanks

[Tony.]

Yes under section 1 of the Road Traffic Offenders Act

1
Requirement of warning etc. of prosecutions for certain offences .(1)
Subject to section 2 of this Act, where a person is prosecuted for an offence to which this section applies, he is not to be convicted unless— .
(a)
he was warned at the time the offence was committed that the question of prosecuting him for some one or other of the offences to which this section applies would be taken into consideration, or .
(b)
within fourteen days of the commission of the offence a summons (or, in Scotland, a complaint) for the offence was served on him, or .
(c)
within fourteen days of the commission of the offence a notice of the intended prosecution specifying the nature of the alleged offence and the time and place where it is alleged to have been committed, was— .
(i)
in the case of an offence under section 28 or 29 of the [1988 c. 52.] Road Traffic Act 1988 (cycling offences), served on him, .
(ii)
in the case of any other offence, served on him or on the person, if any, registered as the keeper of the vehicle at the time of the commission of the offence

I am NOT a lawer but was informed by a Traffic Officer that it is 14 calendar days, however you would have to prove the NIP had not arrived in the 14 Days. Also if there was a Bank Holiday or Postal Strike etc etc this would allow a small delay. If you are using this defence the vehicle must be registered to you.

Best thing to do is see a solicitor specialising in Traffic Law.

[Derek]

Originally Posted by Tony.

Best thing to do is see a solicitor specialising in Traffic Law.

Either that or accept you broke the rules and take the points,

[Kymmy]

I have a feeling that he's not recieved the NIP yet and biting his nails tillthe 14 days is up... We get loads of posts like this on the motorcycle forums

[Xaccers]

The NIP only has to be served (ie sent) within 14 days, if it never arrives but was sent via recorded or registered post (mentioned slightly further down the bill) then it has still been served.
Course, if it wasn't sent by recorded or registered post...

(2)
A notice shall be deemed for the purposes of subsection (1)(c) above to have been served on a person if it was sent by registered post or recorded delivery service addressed to him at his last known address, notwithstanding that the notice was returned as undelivered or was for any other reason not received by him. .
(3)
The requirement of subsection (1) above shall in every case be deemed to have been complied with unless and until the contrary is proved.