- What is a Notice of Intended Prosecution
A Notice of intended prosecution is a warning that should be given by the police or police camera safety initiative following the commission of an offence, such as speeding or running a red light. It is intended to let a driver know that he has either been photographed committing an offence or that a complaint has been made so that he can refresh his memory of the incident. The warning can be given in either a verbal manner at the time of the incident, such as when you get stopped for speeding by a patrol officer, or within 14 days of the incident by post. This would be done in cases of GATSO speed detection. This form must be issued within 14 days to the registered owner of the vehicle. The 14 day time limit does not apply to hired cars or company cars.
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- I received a HORTI from the police and they said I had to get a new tyre and a brake light fixed. How long do I have to do this?
H.O.R.T.1 forms are issued if you have committed an offence under the Construction and Use Regulations. These are offences in relation to the general condition of the vehicle, such as defective tyres, lights, dangerous parts etc. The form contains details of the offence and when issued with one of these you should rectify the defect to your vehicle as soon as possible and then ensure that the vehicle is taken to any M.O.T. testing station where the M.O.T. tester will check that the defect has been rectified. They stamp the form accordingly and it should be sent or taken to the station at which the officer has noted at the bottom of the form within 14 days. A common misconception is that you have 14 days to get the work done. This is NOT correct. You do not have 14 days to rectify the defect. If you continue to use the vehicle in a defective condition, you commit a further offence. The 14 days relates only to the form being completed and exhibited to the police.
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- What is horti?
Small form designed to give the police all the information they require to be able to accept your documents when you produce them for a police officer. You would be issued with one of these if you do not have your driving documents in your possession when required to produce them for an officer. You then have 7 days from midnight on the day of issue to produce them at any police station of your choice. This could be anywhere in mainland Britain. The form contains information on the make, type and registration number of your vehicle; your name and address; your date of birth; the location of the incident at which you were required to produce your documents; the reason for the production; whether you were accompanied in the vehicle; whether you were being supervised by a full licence holder; if you were displaying L-plates; if the vehicle is manual or automatic; the station at which you elect to produce your documents and the details of the officer making the requirement to produce. Mainly used where the police want to see evidence of valid driving licence and insurance.
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- I know it is illegal to phone when driving but wat about texting?
I can envisage the time when people are charged with watching their ipod phone being just around the corner.The use of a mobile phone or similar device for any of these activities while driving is prohibited if the phone (or other device) has to be held in order to operate it.
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- I sometimes use my PDA in the car to note down appointments taken on the hands free phone is this ok?
Sorry, but since 1st December 2003, it is a specific offence to use a hand-held phone, or similar device, when driving. The penalty is a £30 fixed penalty or up to £1,000 on conviction in court (£2,500 for drivers of goods vehicles, buses or coaches). Drivers still risk prosecution (for failure to have proper control) if they use hands-free phones when driving. It is ALL ABOUT proper control of your vehicle.
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- I was charged by the police for using my phone when I took my daughter out for a driving lesson. I was the PASSENGER!
You were also the INSTRUCTOR and therefore you are liable to prosecution for this offence. I doubt if the Procurator Fiscal will proceed with the matter as they have a lot more to do with their time.
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- How long do I have to keep endorsements on my licence?
Endorsements remain on a licence for:
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 failing to provide a specimen for analysis;
4 years from date of conviction for reckless/dangerous driving and offences resulting in disqualification;
4 years from the date of offence in all other cases.
At the appropriate time, you can apply to remove your endorsement(s) from your licence by completing an application form available from Post Offices.
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- I have an Intermediate Diet today regarding a road traffic offence. I am serving in the forces and i am due back in Iraq at time of trial. Can I get them to ditch the case against me
Highly unlikely that the Crown will ditch a case against you unless it is a very minor matter. Your lawyer can ask for the trial to be adjourned as you will be serving in Iraq and can ask that you be excused attending any formal diet such as a further Intermediate Diet. Stay safe in Iraq!
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- I was recently stopped and given a fixed penalty notice for 'Cross over double white lines' . The fixed penalty has the registration letters noted down wrongly. Will this help me fight my case?
It can assist in that you can reply that the FPN relates to a vehicle that is NOT registered to you. The Police and ultimately the Procurator Fiscal can change the details and re -serve so it may be a bit pointless
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- i was stopped by police for a random vehicle check when they checked my vehicle they said it had a derective tyre and issed a fixed pen an 3 points however when i took the vehicle to the garage to get the tyre done the garage said that the trye was perfectly legal and woudl have no problems passing a mot however the tyre did have a small cut on the outside wall but the garage continued to say that it was still legal do i have grounds to appeal this
You have grounds to defend any prosecution and you do not require to pay the fixed penalty if you believe you had a safe and legal tyre. The Procurator Fiscal will then decide if you are to be prosecuted. If the answer is yes you will receive a copy complaint in the post. Check it has been served within 6 months of the incident and seek legal advice re your next step. You can defend the case yourself and for help with this you may want to look at our Hints page on www.roadtrafficlaw.com.
You will need the garage to provide evidence in your defence and will require to cite a witness from the garage who can speak to inspecting your tyre and confirming it was legal.
You are unlikely to get legal aid to defend such a case as the Legal Aid Board tend regard such charges as trivial.If you require to pay a solicitr to defend you it could easily cost you several hundred pounds.I hope this lets you consider your your options with a bit more information.
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- hi my partner was stopped by police after going over a 4mt bridge which was only meant for buses and taxis and he got 3 points for this someone said that this is illeagal and they cant stop cars going over, cars can go so far up this bit of road but not over this bridge, is he just one of the unlucky ones who got caught or does he have case to get the points taken off????
A lot depends on the signing on the approach to the restricted section of the road. Your partner appears to have been issued with a Conditional Offer of Fixed penalty of £60 and 3 Penalty Points which is to be paid within 28 days of issue. If your partner wishes to contest the allegation, he should not pay the ticket and the matter will thereafter be reported to the Procurator Fiscal who may or may not take matters further. In relation to the offence itself, were the Police at the beginning of the restricted section of the road or were they some distance away?
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- Hello,
I was today stopped by the police and charged for having a bald tyre on my car. The car was recently serviced 11/11/07 and has done around 1000 miles since. As the car was so recently serviced i was under the impression my tyres were fine, not so according to the Police. I have been given a fixed penalty notice, 3 points and a £60 fine. I am wondering whether i have any grounds whatsoever to contest this issue, or are we all expected to be tyre experts ? For the record i am a sensible driver and excessive tyre wear due to vehicle antics would certainly not apply to me.
Many thanks for your time.
Steven Spence
Orkney.
My first question is - did you receive a form from the servicing garage outlining the condition of the tyres and indeed other functions of the vehicle on uplifting your vehicle after service. 1000 miles does not seem a lot for a tyre to reach the state of being bald especially if you drive carefully and were not advised by the garage that the tyre was approaching its minimum tread depth limit. Many garages provide such forms and advise when a tyre is approaching the minimum legal limit etc. The law does take the view that the driver is responsible for ensuring that the vehicle is in a roadworthy condition. You do not advise me if the whole tyre was bald or whether only a part of it was as this may indicate some fault. The fixed penalty notice must be paid within 28 days. If you wish to contest the allegation, you do not pay the fixed penalty and thus the matter will be reported to the Procurator Fiscal and no doubt you will receive a summons to attend court in due course. Did you receive a form from the garage after your vehicle was serviced? Did the Police point out the condition of the tyre to you?
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- i know of a person who is driving a motor car after having lost their licence. my question is if they have a front seat passenger is that person commiting an offence as well as the driver for being in the vehicle
Hi,
It is an offence to "aid or abet" the offence you describe but the person aiding or abetting must KNOW that the person concerned has lost his/her licence.
Neil MacGregor
Solicitor
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- Can I ask if it is illegal to reverse into a side road?
Hi,
It is not illegal to reverse from a main road into a side road. You will, of course, have to ensure that it is clear to carry out that manoeuvre prior to doing so. If you do not carry out the appropriate checks prior to your manoeuvre you may be charged with careless driving.
I hope you find thid useful.
Neil MacGregor
Solicitor
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- Must the police give me a reason why they have pulled me over? I have been stopped in my M reg. car five times in four weeks and had my details checked and let go. It is getting a bit annoying. Even if they are just checking old cars for MOT etc. One arrogant WPC just quoted the road traffic act at me and said "as a police officer I can stop any car I like". I complained about her attitude to her supervisor and was stopped again the same day. Surely they must give me a reason.
The police may stop a vehicle on a ropad for the purposes of checking documentation, condition of vehicle etc. Did the police charge you with any offence when you were stopped. You may wish to make a formal complaint to the Chief Constable if it is one particular force which is stopping you.
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