For more information, see Practice Note: Driving whilst disqualified and obtaining a licence whilst disqualified. Help us to improve our website; let us know This means that even when your disqualification no longer applies, you may still be breaking the law by driving your vehicle. The offences were committed less than two months apart. Driving whilst under age does not constitute an offence of driving whilst disqualified (by reason of age) under s.103 RTA 1988 by virtue of section 103(4) RTA 1988. Section 97(1) TA 1968 which is summary only, prohibits the use of a vehicle to which the TA 1968 applies in which "recording equipment" as stipulated in the Community Recording Equipment Regulations 3821/85 has either not been fitted or has not been appropriately repaired. When deciding whether to restore a summary offence, the following points should be borne in mind: Nevertheless, there will be circumstances where the restoration of a summary offence, usually for excess alcohol, will be appropriate if, for example, each of the factors listed above are outweighed by factors which favour prosecution in a particular case. Section 65 Public Passenger Vehicles Act 1981 - the forgery or alteration of a licence, certificate or operator's disc issued under the Act, likewise the use with intent to deceive of anything resembling such a document. In exceptional circumstances, however, the court has the power to refrain from disqualification and can … Driving while disqualified – section 3ZC of the Road Traffic Act 1988; and Wanton and furious driving - this offence can be used when offences under the Road Traffic Act 1988 … This may involve having the case stood down (or adjourned) while this production is made. if evidence of excess alcohol has been adduced at the Crown Court trial, it is more than likely that it will have been taken into account for the purpose of sentencing (this will obviously be so in the case of a trial for a section 3A offence); where a defendant has been convicted of an offence contrary to sections 1 or 3A RTA, a summary offence should not normally be restored if the defendant has been disqualified for a period at least as long as the obligatory period for the summary offence; the lapse of time between the date of the offence, the Crown Court trial and the likely date of hearing for the summary matters; if the defendant has been sentenced to a period of imprisonment, restoration of a summary offence will seldom be appropriate. A court order will inform you of the duration of your disqualification. Driving whilst disqualified. De très nombreux exemples de phrases traduites contenant "the offence of driving while disqualified" – Dictionnaire français-anglais et moteur de recherche de traductions françaises. If prosecuted by indictment, there is a Defence electionof Court under s. 536(2) to trial by provincial court, superior court judge-alone or superior court judge-and-jury. The summons may also allege that you failed to produce one or more of these or other documents as required by law following a request by the police. This is an either way non-endorsable offence, punishable summarily by a fine or by imprisonment (maximum two years) on indictment. 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. Have You Been Caught Driving Whilst Disqualified Or Banned? 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. Age prohibitions on driving are set out in s.101 RTA 1988. You will receive a driving while disqualified charge if the law enforcement officers are satisfied that you: If you are found guilty of such an offence, there are serious consequences both in the short and long-term, as set out in Section 259 of the Criminal Code. This guidance is provided to provide an overview on procedure and charging practice that is not dealt with in the existing road traffic guidance being. Driving while disqualified RTA 1988, s 103 creates an absolute offence of obtaining a licence or driving on a road whilst disqualified from driving. The CPS Areas, CPS Direct, Central Casework Divisions and Proceeds of Crime, Code for Crown Prosecutors - Public Interest Considerations, Restoration of Summary Offences after Trial on Indictment, Self-balancing Personal Transporters - Segway etc, Driving/Obtaining a Driving Licence Whilst Disqualified, Charging Practice - Forgery and False Information, etc, Offences in Contravention of the Regulations - s.96, Falsification of Driver's Hours and Records - s.99(5), Power to Prohibit the Driving of UK Vehicles - Section 99A, Tachograph Cases and Public Interest Criteria, Annex A: National Protocol for the Production and Inspection of Driving Documents, Annex B: Specified Proceedings (Offences), Road Traffic - Drug and Drink Driving Offences, The prosecution of traffic offences is vital to the enforcement and promotion of road safety and the protection of the public, and. It was held that the court could not go behind the prosecutor's certificate save where the certificate was inaccurate on its face or in cases of fraud. 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. The courts in the United Kingdom take driving whilst disqualified very seriously, and they have the power to impose harsh sanctions on those who are caught flouting a disqualification order. driving while your licence is suspended or you are disqualified from driving. Arrangements will then be made for the court to be informed about this. A person who drives a vehicle on a road while disqualified by reason of age, commits an offence under s.87 RTA 1988, which prohibits a person driving a vehicle on a road otherwise than in accordance with a licence authorising him to do so. The police should give consideration to training CPS and court staff in the methods used to produce fraudulent documents and have an agreed method of responding to any such documents that are produced in legal proceedings. In. Driving whilst disqualified is not the same as driving without a licence. Attempting to or producing any document with intent to deceive may result in severe penalties. Under current legislation, the Department for Transport considers Segway Personal Transporters as motor vehicles, subject to road traffic laws. Driving whilst disqualified is not the same as driving without a licence. A second or subsequent offence will attract a fine of over $12,000 or a term of imprisonment of up to 12 months. either orally or in writing at the time the offence was committed. The defence should also give notice that they will be seeking to advance special reasons. There has, however, been extensive case law on the subject and the main point that emerges is what is known as the reasonable man test as per the following cases: Personal transporters, such as the Segway Personal Transporter are powered by electricity and transport a passenger standing on a platform propelled on two or more wheels. These are the most serious offences and include drink driving, driving whilst disqualified and dangerous driving. Section 161A Highways Act 1980 (lighting fires so as to injure, interrupt or endanger users of a highway); Section 131(2) Highways Act 1980 (obliterating or pulling down a traffic sign). 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. This is a case study on a charge of Drive Whilst Disqualified resulting in a fine with no licence disqualification. The duty to report means 'as soon as reasonably practicable': (Bulman v Bennett [1974] RTR 1). These are separate offences according to Canadian law. But if an intent to deceive can be proved an either way offence under s.97AA TA1968 or s.99(5) TA 1988 should be preferred instead. The longer-term consequences of a driving while disqualified conviction may be even more concerning. Driving while disqualified is operating a motor vehicle (or vessel or aircraft) while a previous disqualification order remains in place. 102 Petty France, As self-balancing scooters are mechanically propelled they require registration and a vehicle registration licence (tax disc). An allegation of driving without insurance should never be withdrawn as a matter of convenience when pleas of guilty are tendered in respect of other offences. A special reason is one which is special to the facts of a particular offence. 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. GOV.UK is the place to find You have been summoned to attend court for either not having one or more documents, as required, for using a motor vehicle on a road (or public place). Nothing less than wilfulness or recklessness would suffice. See also DPP v Vivier [1991] Crim LR 637, DPP v Neville [1996] 160 JP 758 and Cutter v Eagle Star Insurance Co. Ltd, Clarke v Kato and Others [1998] 4 All ER 417. by sending a notice within 14 days of the possibility of prosecution and specifying the nature of the alleged offence and the time and place where it is alleged to have been committed to the driver, registered keeper of the vehicle or rider of the cycle. The Transport Act 1968 does not apply to any other part of the EC, including Northern Ireland. 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. 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 documents, therefore local arrangements should be agreed for the most effective method for the documents' validation by the police before the court proceeds. See also Restoration of Summary Offences after Trial on Indictment, below in this section. Fixed penalty offences within the meaning of s.51(1) RTOA 1988. In computing the limitation period the day on which the offence was committed is not included. You could be sentenced with further penalty points, a community order or even prison and a … It is important to remember, however, that the alternative verdict can only be returned where the jury or magistrates have found the defendant 'not guilty' of the substantive charge. However, by virtue of the Criminal Justice Act 1988 (CJA 1988), s 40, an offence of driving whilst disqualified can also be tried in the Crown Court if the offence is linked to an indictable offence. Certain sections of the Act specifically deal with the consequences of driving whilst suspended or disqualified and carry different penalties depending on the severity of the offence. When it applies, proceedings must be brought within six months from the date on which sufficient evidence came to the knowledge of the prosecutor to warrant proceedings but, in any event, they must not be brought more than three years after the commission of the offence. For many offenders their prosecution will be their only experience of criminal law enforcement. It is enough that it is received by a member of his staff impliedly authorised to receive it. Insurance cover is required for the use of a vehicle on a road or a public place. Signed: ............................................................................. Crown Prosecutor / Associate Prosecutor / Police Officer, [delete as appropriate or specify alternative]. Any such notice should also warn defendants of the seriousness of producing or attempting to produce any forged or unlawful documentation with attempt to deceive. Who can charge you? Many factors must be taken into consideration before the court even begins to consider exercising that discretion. The consequences of driving while disqualified are severe and will impact many areas of your life well into the future. Driving whilst disqualified is a very serious road traffic offence for which you can go to prison. App. There are many decided cases on various aspects of the provisions - see Wilkinson's Road Traffic Offences 28th Ed. All who deal with cases where document production is made should be alive to the current sophistication of fraudulently produced material. Periods of driving spent by a driver whilst performing a transport service falling outside the scope of Regulation No: 3821/85 before taking over a vehicle subject to that Regulation. pursuant to section 6 Road Traffic Offenders Act 1988. there was sufficient evidence in my opinion to warrant proceedings against: pursuant to the provisions of section 6 of the said Act. It is an offence, under s.99(5) TA 1968, for a person to knowingly falsify a tachograph entry made under s.97 TA1968 or entries kept for the purpose of regulations under s.98 TA1968 or under applicable Community rules. If you are charged with a serious driving offence, you should get legal advice. 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