Prosecution notice
Page 36
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A month or so ago one of our artics was being driven along a country road. A following car tried to overtake a few times but could not get past due to the nature of the road and oncoming traffic.
When the driver pulled in at a farm the car stopped as well and its driver was angry at not being able to get past the artic. He then identified himself as an off-duty policeman and told our driver his trailer wheels had frequently crossed double white lines which was not surprising on a winding road. The policeman told the driver be might hear more about it but did not mention a prosecution.
The driver has now received a summons for failing to comply with a traffic sign, ie the white lines.
Should the driver have been told a prosecution would follow ?
X Yes. He should have been -IA warned that a prosecution was to be considered. If he was not given such a warning— known as a notice of intended prosecution—he might consider defending the charge, particularly as the offence involves licence endorsement,
Failing to conform to a traffic sign is an offence to which Section 1 of the Road Traffic Offenders Act 1988 applies.
This section states that a person shall not be convicted of an offence to which the section applies unless:
(a) he was warned at the time the offence was committed that the question of prosecuting him for the offence would be taken into consideration; or
(b) within 14-days of the offence a summons for the offence was served on him; or (c) within 14 days of the offence a notice of intended prosecution specifying the
. nature of the alleged offence and the time and place
where it was alleged to have been committed was served on him or the registered keeper of the vehicle.
A notice under (c) is deemed to have been served on a person if it was sent by registered or recorded delivery post to his last known address, regardless of it being returned as undelivered or for any other reason not received by him.
The section also states that the requirements are deemed to have been complied with unless and until the contrary it proved.
If the driver disputes the charge he should go to court and plead not guilty. After the charge has been put to him he should tell the court he has not been given notice of intended prosecution. The court will then deal with that matter first.
The driver should tell the court that paragraphs (a), (b) and (c) above have not been fulfilled.
The policeman's comment that the driver might hear more about it would not be sufficient warning. It has to be made clear to the driver that a prosecution is to be considered.