NIP TOR FPN Flashcards
NIP
Notice of Intended Prosecution - offender is entitled to a ‘warning’ that they may be prosecuted for an offence. Allows them to obtain legal advice and prepare defence.
A Person shall not be convicted of an offence unlesss… - S.1(1a-c) Road Traffic Offenders Act 1988
The commissioned of the offence a summons was served within fourteen days. Should specify the nature of the alleged offence and the time and place where it is alleged to have been committed.
Offences which NIP applies
DAFFLE
Dangerou/careless inconsiderate driving or cycling
Aiding or abetting any of these
Failing to comply with an officer on traffic duties
Failing to comply with a regulation 10 traffic sign
Leaving a vehicle in a dangerous position
Excess Speed
NIP does not apply when
Following a collision or fixed penalty notice has been issued.
Duty of the Keeper to Give Information as to the Identity of Driver - S.172(2) Road Traffic Act, 1988
Where the driver of a vehicle is alleged to be guilty of an offence to which this section applies, they will give information as to the identity of the driver or will lead to their identification.
When to use TOR
TOR (Traffic Offence Report) for any ‘offender seen’ committing a traffic offence including Endorsable (results in points) and non endorsable.
Most Common Traffic Offences for TOR
Speeding
Using a handheld mobile device
Not wearing seatbelt
Dangerous/Careless Driving
No Insurance
Construction and Use Offences
Not in Proper Control
Contravene Traffic Signals.
POCLAROC
PO: Point out offence (use simple language, you don’t have to use act and section)
C: Caution (use the when caution, note time and reply)
L: Legals tell them (You’re not under arrest, not obliged to stay with you, entitled to free independent legal advice if you require it
A: Admin (obtain full details to complete parperwork, if interviewing record questions and answers for verbatim)
RO: Report for offence (Give NIP, I am reporting you for the offence of…)
C: Caution (use the now caution, no more questions, educate and close)
FPN
Fixed Penalty Notices (affix to vehicle when driver not traced)
PENTIP
System used to administer low level traffic and crime offences such as FPN, Pnelaty notice for disorder, HORT1 and VDRS.