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The Police FAQ - by Heath Monk
More will be added to this section soon ! If you have any particular
topics you would like to see then email me at police@22b.com
NIP - Notice of Intended
Prosecution
A Notice of Intended Prosecution is sent out when the police are
considering taking action against an offender. Section 1 of the
Road Traffic Offenders Act 1988 states that this notice must be
sent to the registered keeper of the offending vehicle within 14
days of the commission of the offence. The recipient of the NIP
is then required under s172 Road Traffic Act 1988 to supply within
28 days the name of the DRIVER of the vehicle at the time the offence
was committed. The penalty for failing to do this is currently a
maximum fine of £1000 and an endorsement of 3-6 penalty points.
The NIP should then be returned to the address stated on the form
where a decision will be made as to the course of action to be taken
by the prosecuting authority. This could be in the form of a fixed
penalty (£40.00 & 3 penalty points) or in the form of a court summons
where the case will be heard before a magistrate.
Driving Licence Offence
Codes
|
CODE
|
ACCIDENT OFFENCES
|
POINTS
|
|
|
|
|
|
AC10
|
Failing to stop after an accident |
5 - 10
|
|
AC20
|
Failing to give details or report an accident |
5 - 10
|
|
AC30
|
Undefined accident offences |
4 - 9
|
|
|
|
|
|
|
CODE
|
DISQUALIFIED DRIVER
|
POINTS
|
|
|
|
|
|
BA10
|
Driving whilst disqualified by court order |
6
|
|
BA30
|
Attempting to drive whilst disqualified |
6
|
|
|
|
|
|
|
CODE
|
CARELESS DRIVING
|
POINTS
|
|
|
|
|
|
CD10
|
Driving without due care & attention |
3 - 9
|
|
CD20
|
Driving without reasonable consideration for other road
users |
3 - 9
|
|
CD30
|
Driving without due care & attention or without reasonable
consideration for other road users |
3 - 9
|
|
CD40
|
Causing death through careless driving while unfit through
drink |
3 - 11
|
| CD50 |
Causing death through careless driving while unfit through
drugs |
3 - 11
|
| CD60 |
Causing death by careless driving with alcohol level
above the limit |
3 - 11
|
| CD70 |
Causing death by careless driving then failing to supply
a specimen for analysis |
3 - 11
|
| |
|
|
|
|
CODE
|
CONSTRUCTION AND USE OFFENCES
|
POINTS
|
|
|
|
|
|
CU10
|
Using a vehicle with defective brakes |
3
|
|
CU20
|
Causing or likely to cause danger by reason of use of
unsuitable vehicle or using a vehicle with parts or accessories
(excluding brakes, steering or tyres) in a dangerous condition |
3
|
|
CU30
|
Using a vehicle with defective tyre(s) |
3
|
|
CU40
|
Using a vehicle with defective steering |
3
|
| CU50 |
Causing or likely to cause danger by reason of passengers
or load |
3
|
| |
|
|
|
|
CODE
|
RECKLESS / DANGEROUS DRIVING
|
POINTS
|
|
|
|
|
|
DD40
|
Dangerous Driving |
3 - 11
|
|
DD60
|
Manslaughter or culpable homicide while driving a vehicle |
3 - 11
|
|
DD80
|
Causing death by dangerous driving |
3 - 11
|
| |
|
|
|
|
CODE
|
DRINK OR DRUGS
|
POINTS
|
|
|
|
|
|
DR10
|
Driving or attempting to drive with alcohol level above
limit |
3 - 11
|
|
DR20
|
Driving or attempting to drive while unfit through drink |
3 - 11
|
|
DR30
|
Driving or attempting to drive then failing to provide
a specimen for analysis |
3 - 11
|
|
DR40
|
In charge of a vehicle while alcohol level above limit |
10
|
| DR50 |
In charge of a vehicle while unfit through drink |
10
|
| DR60 |
Failure to provide a specimen for analysis in any circumstance
other than the above |
10
|
| DR70 |
Failing to provide a specimen for breath test |
4
|
| DR80 |
Driving/attempting to drive while unfit through drugs |
3 - 11
|
| DR90 |
In charge of a vehicle when unfit through drugs |
10
|
|
|
CODE
|
INSURANCE OFFENCES
|
POINTS
|
|
|
|
|
|
IN10
|
Using a vehicle un-insured against third party risks |
6 - 8
|
| |
|
|
|
|
CODE
|
LICENSE OFFENCES
|
POINTS
|
|
|
|
|
|
LC20
|
Driving otherwise than in accordance with a licence |
3 - 6
|
|
LC30
|
Driving after making a false declaration about fitness
when applying for a licence |
3 - 6
|
|
LC40
|
Driving a vehicle having failed to notify a disability |
3 - 6
|
| LC50 |
Driving after licence has been revoked or refused on
medical grounds |
3 - 6
|
| |
|
|
|
|
CODE
|
MISCELLANEOUS OFFENCES
|
POINTS
|
|
|
|
|
|
MS10
|
Leaving a vehicle in a dangerous position |
3
|
|
MS20
|
Unlawful pillion riding |
3
|
|
MS30
|
Play street offences |
2
|
|
MS40
|
Driving with uncorrected defective eyesight or refusing
to submit to a test |
3
|
| MS50 |
Motor racing on the highway |
3 - 11
|
| MS60 |
Offences not covered by other codes |
Variable
|
| MS70 |
Driving with uncorrected defective eyesight |
3
|
| MS80 |
Refusing to submit an eyesight test |
3
|
| MS90 |
Failure to give information as to identity of driver
etc |
3
|
| |
|
|
|
|
CODE
|
MOTORWAY OFFENCES
|
POINTS
|
|
|
|
|
|
MW10
|
Contravention of Special Roads Regulation (excluding
speed limits) |
3
|
| |
|
|
|
|
CODE
|
PEDESTRIAN CROSSINGS
|
POINTS
|
|
|
|
|
|
PC10
|
Undefined contravention of pedestrian crossing regulations |
3
|
|
PC20
|
Contravention of pedestrian crossing regulations with
moving vehicle |
3
|
|
PC30
|
Contravention of pedestrian crossing regulations with
stationary vehicle |
3
|
| |
|
|
|
|
CODE
|
SPEED LIMITS
|
POINTS
|
|
|
|
|
|
SP10
|
Exceeding goods vehicle speed limits |
3 - 6
|
|
SP20
|
Exceeding speed limit for type of vehicle |
3 - 6
|
|
SP30
|
Exceeding statutory speed limit on a public road |
3 - 6
|
|
SP40
|
Exceeding passenger vehicle speed limit |
3 - 6
|
| SP50 |
Exceeding speed limit on a motorway |
3 - 6
|
| SP60 |
Undefined speed limit offence |
3 - 6
|
| |
|
|
|
|
CODE
|
TRAFFIC DIRECTION AND SIGNS
|
POINTS
|
|
|
|
|
|
TS10
|
Failing to comply with traffic light signals |
3
|
|
TS20
|
Failing to comply with double white lines |
3
|
|
TS30
|
Failing to comply with a STOP sign |
3
|
|
TS40
|
Failing to comply with direction of a constable or traffic
warden |
3
|
| TS50 |
Failing to comply with a traffic sign (excl. those already
covered above) |
3
|
| TS60 |
Failing to comply with a school crossing patrol sign |
3
|
| TS70 |
Undefined failure to comply with a traffic direction
sign |
3
|
| |
|
|
|
|
CODE
|
THEFT OR UNAUTHORISED TAKING
|
POINTS
|
|
|
|
|
|
UT50
|
Aggravated taking of a vehicle |
3 - 11
|
| |
|
|
|
|
CODE
|
SPECIAL CODE
|
POINTS
|
|
|
|
|
|
TT99
|
To signify a disqualification under 'totting up' procedures |
***
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If the total of penalty points reaches 12 or more within 3 years,
the driver is liable to be disqualified.
SPD - Short Period Disqualification
Since July 1992 Short Period Disqualification's of less than 56
days have been treated differently from longer disqualifications.
When a SPD is incurred the court will stamp the licence with the
details of the offence and reason for the disqualification. It will
then be returned to the driver. The licence remains invalid until
the day after the disqualification ends. (Note: different rules
apply for LGV/PSV)
Endorsements remaining on
Licence
11 years from date of conviction for offences relating
to drink/drugs and driving, causing death by careless driving whilst
under the influence of drink/drugs and causing death by careless
driving then providing to provide a specimen for analysis.
4 years from date of conviction for reckless/dangerous driving
and offences resulting in disqualification.
4 years for the date of the offence in all other cases
Temporary Roadworks
When you enter roadworks and you see a speed restriction sign (black
numbers inside a red circle on a white background), this is a MANDATORY
speed limit imposed for a reason (usually the safety of the workmen).
These emergency limits are perfectly legal provided they are signposted
correctly and are enforced in the same way as more permanent speed
limits. The Secretary of State has the authority to impose temporary
speed limits to assist the flow of traffic or for safety reasons.
Number Plates
All numberplates added to new vehicles or bought from the DVLA must
be displayed in accordance with Regulations 17-22 inclusive and
Schedule 2 of the Road Vehicles (Registration and Licensing) Regulations
1971 (as amended)
The Regulations specify that marks must conform with either one
of two groups of provisions (provisions for embossed/pressed plates
in section EMBOSSED PLATES below)
Group 1: Characters 89mm high Character width 64mm (except
the number 1)
Group 2: Characters 79mm high Character width 57mm (except
the number 1)
It is an offence to alter, rearrange or misrepresent letters or
number in order to form names or word.
Characters must not be moved from one block to the other e.g. A123
ABC must not be displayed as A123A BC
Offenders are liable to a MAXIMUN FINE of up to £1000 and under
the new '3 strikes & out' policy the VRM may be withdrawn by the
DVLA. Vehicles with illegally displayed numberplates will now fail
the MoT test.
For vehicles first registered on or after 01.01.1973, characters
must be black, the background must be a reflex-reflecting material,
white at the front and yellow at the rear.
Each numberplate will be permanently and legibly marked, with the
following information which MUST be visible when the plate is attached
to the vehicle
The name, trade mark or other means of identification of
the manufacturer
The BSi number
With the new ANPR (Automatic Number Plate Recognition) system now
being used with SPECS, police will crack down as the system is unable
to automatically read and check mis-represented VRM's meaning they
have to passed to a human for processing. At this time the police
will have the option to prosecute (and probably will).
Speed Limits
Motorways - 70mph
Dual Carriageways - 70mph
Single Carriageways - 60mph
These limits were put in force by the 70mph, 60mph & 50mph Order
1977 which has now been succeeded by s88 of the Road Traffic Regulation
Act 1984. The order of 1977 still remains in force today. These
are general limits which apply on roads unless another limit is
in operation. The 1977 order also imposes a limit of 60mph on certain
lengths of dual carriageways and of 50mph on certain lengths of
single carriageways. Such lengths must be provided with restriction
signs.
A general speed limit of 30mph is applied where lighting is provided
by means of street lighting placed 200m or less apart unless derestriction
signs state otherwise. Any other speed limits will be dictated by
restriction signs.
Temporary Speed Limits
Both maximum and minimum temporary speed limits can be imposed by
traffic authorities under section 88 of the Road traffic Regulation
Act 1984.
These restrictions are imposed in connection with road works and
other similar operations near the road which present a danger to
the public. These restrictions can be imposed for up to 18 months
without approval from the secretary of State.
Because they are restrictions rather than limits, offences under
this section do not require NIP, nor do they require corroboration.
Disclaimer:
This article is correct at 19/11/00 and reflects how the law stands
at this time.
I am not qualified to give out any form of legal advice nor is this
endorsed by any police force. E & OE
Heath Monk
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