How to tell the difference between a Notice of Intended Prosecution and a Requirement to Provide Driver Details

1. NIPs and s.172
requirements
Don’t mix them up
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2. They are usually on one document...
...but they are 2 different things.
NIP and
s.172
require-
ment
NIP
s.172
require-
ment

3. NIP
Notice of
intended
prose-
cution
s.1 Road Traffic Offenders Act 1988

4. Served by Served on NIP means
POLICE
Registered
keeper of
vehicle
We want
to
prosecute
the driver
of your
vehicle or
you for an
offence
Alleged
offender
OR

5. Listed in sch.2 Road Traffic Offenders Act 1988
NIP
mandatory
for
Speeding
Careless
cycling
Dangerous
cycling
Disobeying
a sign
Disobeying
a direction
Careless
driving
Dangerous
driving

6. There’s been an
accident
No need for
NIP

7. 3 ways to serve an
NIP
Delivering it
Leaving it at
last known
address
Posting to
last known
address
Registered,
Recorded or
1st class

8. Notice is served 2 business days after it was posted
r.4.10(2)(b) Criminal Procedure Rules
M T W T F S S
Weekends and Bank Holidays don’t count

9. Notice must be served within 14 days of the
commission of the alleged offence
M T W T F S S

10. Good Service
D must prove
Presumed
Bad
Service

11. s.172
require-
ment
Requirement
to provide
driver details
s.172 Road Traffic Act 1988

12. Served by Served on It means
POLICE
Registered
keeper of
vehicle
We want
to know
who was
driving
your
vehicle or
if you were
driving
Suspected
driver
OR

13. The person
who received
the notice
MUST provide
details of the
driver
It was
someone
else
It was me
I don’t
know who
it was

14. Chains of requirements
Regis-
tered
keeper
Driver
It was
him
It was
her
It was
her
It was
me

15. Not giving
details
Criminal
Offence
6 penalty
points
Max fine
£1000

16. s.172(4) Road Traffic Act 1988
Can’t
provide
driver
details
Used
reason-
able
diligence
Valid
defence
IF THENAND

17. s.172(6) Road Traffic Act 1988
Company
Must keep
records of
who was
driving
Unless it is
reasonable
not to

18. Notice is served 2 business days after it was posted
r.4.10(2)(b) Criminal Procedure Rules
M T W T F S S
Weekends and Bank Holidays don’t count

19. Reply must be within 28 days of the service of the
requirement
M T W T F S S
Post Serve
X
X = 1st day offence can be committed

20. Good
Service
Bad Service
P must
prove
D must
prove
Notice was posted
to correct address
Notice did not
arrive in the post
s.7 Interpretation Act 1978