A person who fails to comply with subsection (2) or (3) above is guilty of an offence punishable with a maximum sentence of six months' imprisonment. Although the offence was not one of strict liability, "permitting" in section 96(11A) was to be given a wide meaning of failing to take reasonable steps to prevent contraventions, to be governed by the objective standards of a responsible employer. However, that course can be taken where the other offences are serious and are liable to result in a substantial term of imprisonment or period of disqualification, or the defendant has already been sentenced to a lengthy term of imprisonment in any event. (e) the time at which or the areas within which the vehicle is used, The production of driving documents at police stations will be enhanced if all agencies co-operate and fairly and firmly abide by the terms and spirit of this protocol. If such a course is adopted, the reasons should be made clear to the Magistrates' Court. It should, however, be remembered that the driver is the 'person at the wheel; Falsification of records usually takes place to enable more journeys to be undertaken than would be possible during lawful working hours, thereby jeopardising road safety. It is an offence to: drive a motor vehicle if you have been disqualified from driving; and/or; obtain a driving licence if you are disqualified from driving; or; allow someone to drive a vehicle who you know is disqualified. Men sentenced for their parts in people-smuggling ring which left 39 dead When dealing with offences specifically relating to the use of forged documents contrary to s.173(1) RTA or s.44 VERA, the document concerned must be one of those listed within the relevant section. A useful starting point to determine what rules apply to a particular vehicle on a particular journey is to establish, firstly, whether the Transport Act 1968 applies to the vehicle under s.95(2) TA 1968. Road Traffic - Charging You could be sentenced with further penalty points, a community order or even prison and a … Where agreeable, and in the absence of any grounds for suspicion, it may be possible to agree (such agreement to include that of the defendant) the use of a facsimile copy or the documents to be sent to an agreed police station for verification and recording to take place while the case is stood down temporarily. If the prosecution is taken by surprise by the issue, an application to adjourn to call a witness can be made - see R on the application of. Failure to produce your documents at the police station may well result in additional loss and inconvenience to you, and led to an application for additional prosecution costs for the extra work involved. driving after making a false declaration as to physical fitness (section 92(10)); failing to notify Secretary of State of onset or deterioration of disability (section 94(3)); driving after refusal of licence under section 92 or 93 (section 94A); failure to surrender licence following revocation (section 99); obtaining driving licence, or driving, whilst disqualified (section 103(1)); using an uninsured motor vehicle (section 143); making a false statement to obtain a driving licence or certificate of insurance (section 174); section 244 RTA 1960 (re offences under section 235 RTA 1960 and section 99(5) Transport Act 1968); section 47(2) VERA 1994 (re offences under sections 29, 34, 35A, 37 or regulations made under the Act); section 73 Public Passenger Vehicles Act 1982 (re offences under sections 65 or 66 of the Act). If you’re facing prosecution for driving whilst disqualified (DVLA code BA10), you should be aware that this is a strict liability offence. If you are found guilty and convicted of a more serious driving offence, you may get heavy fines, lose your licence and be given a term of imprisonment. Similarly, driving whilst disqualified means that the police have caught you driving without a valid licence by way of court ordered disqualification for a certain period of time. Some 'routine' prosecutions, for example under the Construction and Use Regulations and related provisions of the Road Traffic Act (RTA) 1988, may have special significance for the traffic commissioners when dealing with licensing applications from heavy goods vehicle operators. Production of driving documents at the police station in the first instance must be encouraged. When such a point is raised, the prosecution should take into account the reason for the defendant's belief, the distance driven and the degree of risk, if any, to the public when determining whether it is in the public interest to proceed. If you have been disqualified from driving, and fail to adhere to the driving ban, you will be arrested and taken to the police station where you will be questioned and detained in a cell. Because self-balancing Personal Transporters do not meet the relevant requirements for use on UK roads, and because there is no separate legislation here for public road use by non-EC type-approved vehicles, they cannot be registered and licensed for use on a public road. You will then be taken to a police station where you will be searched, photographed, have your fingerprints and DNA taken and held in a cell. All offences under the Road Traffic Regulation Act 1984 other than those under sections 35A(2) , 43(5) and (12) , 47(3) , 52(1) , 108(3) , 115(1) and (2) , 116(1) and 129(3) or those mentioned in paragraph 1 above. In Cantabrica Coach Holdings Ltd v Vehicle Inspectorate [2000] RTR 286, the Divisional Court held that: Tachograph charts and other documents can be obtained in many different ways, for example: Care should be taken in checking the power by which police officers obtained the documents. There may, from time to time, be cases that call for exceptional treatment and departure from the normal procedures. information online. If you are convicted, your driving ban will usually be extended or, you will receive penalty points. The offences under sections 55 and 56 of the British Transport Commission Act 1949. CPS staff, agents or court staff should not ordinarily inspect or verify driving documents, see paragraph 4 of the Protocol in Annex A. Summary only offence Max fine £5000 (unlimited after 12/03/2015) 3-9 penalty points and may disqualify. In DPP v Mansfield [1997] RTR 96 the constable who had arrested the defendant for the current offence, and who was present at court, had also arrested him for a previous offence for which the defendant had been disqualified in the constable's absence. For further commentary see (Wilkinson's 6.01). The penalties in a driving while disqualified conviction matches the severity of the offence. Failure to specify the date will lead to proceedings being terminated: see David Burwell v DPP [2009] EWHC 1069 (Admin). However, a notice is still required if the defendant was unaware that there had been an accident: see Bentley v Dickinson [1983] RTR 356. Any person who is found guilty or drink driving or drug driving will have their licence cancelled and be disqualified from driving for a fixed period of time. 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. The duty to determine whether any documents produced are valid does not pass to any other agency where a motorist fails to produce the required driving documents to a police officer on demand or at a nominated police station. When determining the public interest in prosecuting minor road traffic offences, it must be borne in mind that: Public interest factors which relate to particular offences will be dealt with below. Note that this offence requires an intention to deceive by misusing the seal in the manner stated in the section. In deciding whether to rely on the extended time limit, the prosecutor should ensure that he/she is able to ascertain the date on which sufficient evidence to warrant proceedings came to the knowledge of a police officer investigating the incident, since this is a requirement of the procedure. There are many decided cases on various aspects of the provisions - see Wilkinson's Road Traffic Offences 28th Ed. MORE: RT @CPSWestMids: Christopher Mark Parkes, 48, has been jailed for 17 years and three months for sexually abusing female children including…. Certain vehicles used by disabled drivers are exempted from these requirements but only where they use Class 2 or Class 3 "invalid carriages". Driving whilst disqualified is considered a serious offence, and as such the maximum penalty on conviction is a fine of up to £5000 and/or six months imprisonment. Even where the evidence is convincing, you may still have a chance of avoiding a criminal charge. 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