Prosecutors who are dealing with a prosecution for no insurance where the case is based on the driver not meeting some condition of the insurance must be vigilant to check that the exclusion relied upon to make out the offence is not one of those avoided by s.148(2). When notice is given, prosecutors should carefully consider: The court’s finding and sentence will be in accordance with sections 34 and 44 RTOA 1988. received in proceedings held in the absence of the accused - s.11(1) MCA 1980 proof in absence; read out before the court under s.12(7) MCA 1980 (non-appearance of accused: plea of guilty); or. it arose because the name and address of the accused or the registered keeper could not with reasonable diligence be ascertained within the statutory time; or. Mines Act 1958, the . This might, for example be a driving licence or certificate of insurance. It is ultimately a matter of fact and degree for the court to decide. Section 2(1) commercial public transport service: repealed, on 13 June 2013, by section 72 of the Land Transport Management Amendment Act 2013 (2013 No 35). (d) of this section were contained in Pub. “Eight unforgettable ways 1968 made history,” CNN , July 21, 2014. Assessment of the role played by each person in the company/operator in the case of large scale prosecutions; Whether there has been systematic flouting of the law resulting in widespread falsification of records endorsed by management. The Transport Act 1968 does not apply to any other part of the EC, including Northern Ireland. All staff, including agents, and magistrates who deal with motoring cases should receive training so that they may be aware of the terms of this protocol. The offence under section 91 of the Criminal Justice Act 1967. Arrangements should be made for the relevant officer to attend at the adjourned hearing to inspect and note any documentation produced. Proper and more efficient enforcement of the law relating to driving documents, and sanctions for failure to obtain or produce them as required, and the deterrence or detection of fraud, will improve public confidence in the criminal justice system. Short title, extent and commencement.—(1) This Act may be called the ... 1. as amended by . PART IV. In. In R v Derwentside Justices ex parte Heaviside [1996] RTR 384 the Court specified three ways in which a defendant could be proved to have been disqualified: Other circumstances in which the court has been satisfied that a previous disqualification has been established are as follows. The issue can be raised at any relevant stage of the proceedings or be decided as a preliminary point. 2. In Vehicle Inspectorate v Nuttall [1999] Crim LR 674, the House of Lords held that the Community rules placed a responsibility on employers to use tachograph records to prevent contraventions and to promote road safety. Liability for these offences falls upon the "Driver" (for the Domestic Rules) or the 'Offender' (for the European Community Rules). To assist victims in any future claim for compensation, a written record should be kept of all relevant details about the driving documents produced to the police. Rev. "Intended or adapted for use on roads" is also not defined by statute and again is ultimately a matter for the court to decide based on the evidence before it. (3) The Minister may appoint different dates for coming into force of different provisions of this Act. If different issues are in dispute and it is the intention of the prosecution to proceed regardless of the outcome of the Crown Court trial, the prosecution should consider asking for such summary offences to be heard first. In cases of the unauthorised taking of mechanically propelled vehicles, delay can often occur due to the gathering of forensic evidence where the offence is denied. such proceedings must be properly recorded and the police informed; no action should be taken or departure from the standard procedure made where this might prejudice the future interest of any victim; Prosecutors must be alive to the sophistication of fraudulently produced material. 22 of 1976, s5. Where a driver has obtained a policy of insurance by deception, the policy will be valid so far as liability under s.143 RTA 1988 is concerned until the insurers have taken steps to "avoid" it. If such a course is adopted, the reasons should be made clear to the Magistrates' Court. The offence under section 11 of the Fireworks Act 2003. The 'prosecutor' for the purposes of section 6 can be the investigating officer or the informant (see [1976] 140 JP Jo., 675; Swan v Vehicle Inspectorate [1997] RTR 187. This protocol recognises that motorists are required to produce driving documents to police officers following a lawful demand and that the documents may be produced at a nominated police station. Where a person is convicted of an offence involving obligatory disqualification the court must order him to be disqualified for such period not less than twelve months as the court thinks fit unless the court for special reasons thinks fit to order him to be disqualified for a shorter period, or not to order him to be disqualified. Liquefied Gases Act 1968. and the . Despite the fact that offences involving falsification of charts have been both investigated and prosecuted as forgeries under the 1981 Act for many years, a combination of this decision and the Osman case demonstrates beyond doubt that false charts can constitute false instruments under that Act. Section 3 (careless driving/driving without reasonable consideration), Section 22 (leaving the vehicle in a dangerous position), Sections 35 and 36 (disobeying certain traffic signs and police signals) And under the Road Traffic Regulation Act. Section 170(3) places an obligation on the driver, if he does not give his name and address under subsection (2) above, to report the accident to a police constable or police station as soon as reasonably practicable and in any case within 24 hours. When the prosecutor considers instituting proceedings within the extended time limit period, reasons for the delay and any degree of responsibility borne by the offender should be taken into account. Are set out in s.101 RTA 1988 - see Redhead Freight Ltd v Shulman [ ]... Be cases that call for exceptional treatment and departure from the normal procedures required produce! Should only be restored for hearing if it is not enough - see Wilkinson 's road Acts... 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