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Notice of Intended Prosecution for two offences in close succession

by Murdo Maguire last modified 2007-02-07 08:37

We are a very small transport business and we have just received a Notice of Intended Prosecution for one of our vehicles that was speeding - doing 50 in a 30 mph area. The driver of the vehicle is 17 passed his test 6 months ago. Four days later we got another NIP for the same vehicle doing 66 on a motorway that had restrictions due to roadworks at 50 mph. Fortunately the 17 year old worker has not committed both offence. Can you tell me what the likely outcome of each incident will be (with regard to fines & points etc) and also the implications if the 17 yr old had committed both offences.

50mph in a 30mph limit is absolutely on the line under ACPO guidelines for whether the lad is served with a summons or a Fixed Penalty Notice. You will need to declare the driver, but should he receive a summons rather than a FPN he should write to the issuer immediately and ask that it be dealt with under the Fixed Penalty system to save the Court's time. His exposure will then be limited to 3 points and a £60 fine. If they refuse this, you need to come back to us.

He must be much more careful in future as he is exposed to his licence being revoked for any further offence under the the Road Traffic (New Drivers) Act 1995 if he receives a further 3 points. There is no appeal against this procedure.

With regard to the 66mph in the 50 limit, this is certain to be dealt with under the Fixed Penalty Notice system and will incur three points on the driver's licence an a £60 fine.

Had your young worker been driving the vehicle on both occasions his licence would be revoked and he would have to apply for, pay for and resit both practical and theory tests before he would permitted to drive again.

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