Speeding
Speeding
THe following was being sent around a rig I was on, I don't know if it will be of any use to anyone, if so let me know.
If the Registered keeper is not the driver, he should complete, sign and return the NIP naming the driver. Then, when the named driver subsequently receives their NIP, they may wish to use the following procedure.
However, if the Registered Keeper was driving at the time of the alleged offence, there is nothing preventing them from completing a similar witness statement.
It is advisable to write on the blank and uncompleted NIP/S172 notice only the following words: “Please see the attached†- then attach it to the following statement and return them both via Special Delivery.
WITNESS STATEMENT
(C.J. Act 1967, s9 MC Act 1980, ss. 5A (3a) and 5B. M.C. Rules 1981, r70)
Name:........................... Occupation:................
D.o.B:........................... Over 18
_____________________________________________________________________
This statement consisting of 1 page and attached NIP/ S 172 Notice is true to the best of my knowledge and belief and I make it knowing that if it is tendered in evidence I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.
Dated....................... Signed................................
_____________________________________________________________________
Their Ref: NIP reference number
Vehicle registration number
Dear Chief Constable,
Further to the above Notice of Intended Prosecution: I confirm that the following individual was driving the above vehicle at the time of the alleged motoring offence:
ALL OF THE DETAILS REQUIRED ON THE NIP – name, address, date of birth, driver number etc. etc.
As this statement is provided under threat of criminal penalty [Funke v France] and as I have not received the caution required by paragraph 10.1 of PACE Code C [Mawdesley -v- the Chief Constable of Cheshire [2004] 1 All E.R. 58], I make this statement on the express understanding that it shall not be used or disclosed in any proceedings of whatever nature against myself.
Yours sincerely,
Signature of driver
Name of Driver
If the Registered keeper is not the driver, he should complete, sign and return the NIP naming the driver. Then, when the named driver subsequently receives their NIP, they may wish to use the following procedure.
However, if the Registered Keeper was driving at the time of the alleged offence, there is nothing preventing them from completing a similar witness statement.
It is advisable to write on the blank and uncompleted NIP/S172 notice only the following words: “Please see the attached†- then attach it to the following statement and return them both via Special Delivery.
WITNESS STATEMENT
(C.J. Act 1967, s9 MC Act 1980, ss. 5A (3a) and 5B. M.C. Rules 1981, r70)
Name:........................... Occupation:................
D.o.B:........................... Over 18
_____________________________________________________________________
This statement consisting of 1 page and attached NIP/ S 172 Notice is true to the best of my knowledge and belief and I make it knowing that if it is tendered in evidence I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.
Dated....................... Signed................................
_____________________________________________________________________
Their Ref: NIP reference number
Vehicle registration number
Dear Chief Constable,
Further to the above Notice of Intended Prosecution: I confirm that the following individual was driving the above vehicle at the time of the alleged motoring offence:
ALL OF THE DETAILS REQUIRED ON THE NIP – name, address, date of birth, driver number etc. etc.
As this statement is provided under threat of criminal penalty [Funke v France] and as I have not received the caution required by paragraph 10.1 of PACE Code C [Mawdesley -v- the Chief Constable of Cheshire [2004] 1 All E.R. 58], I make this statement on the express understanding that it shall not be used or disclosed in any proceedings of whatever nature against myself.
Yours sincerely,
Signature of driver
Name of Driver
- Squiffythewombat
- Posts: 1406
- Joined: Sun Apr 17, 2005 1:51 pm
- Location: Canterbury, Kent
- Contact:
What it means, and i've heard this one myself but dont know if you can get away with it, is if you are arrested you have to be cautioned by the feds for it to be legal. In the case of speed cameras they send you out a ticket and and prosicute you without a caution.
It's the lack of the caution bit thats got everyone going at the moment. Havnt heard of anyone trying this letter themselfs and getting away with it.
It's the lack of the caution bit thats got everyone going at the moment. Havnt heard of anyone trying this letter themselfs and getting away with it.
Rich.


-
- Posts: 100
- Joined: Tue Apr 11, 2006 1:10 pm
- Location: Neath, S.Wales
hey
ive had that letter too...
im contemplating using it... i got flashed by a static speed camera at 0430 on the way home from work when i was feeling blurry eyed. i'm really gutted because i pass that camera 100's of times.
i "think" i was doing 45 in a 30
well pis&ed off. will let you know what happens. 11 days to go before they ahve to get the NIP to me.
ive had that letter too...
im contemplating using it... i got flashed by a static speed camera at 0430 on the way home from work when i was feeling blurry eyed. i'm really gutted because i pass that camera 100's of times.
i "think" i was doing 45 in a 30
well pis&ed off. will let you know what happens. 11 days to go before they ahve to get the NIP to me.
Have you noticed when you're riding that everyone going slower than you is an idiot and everyone going faster than you is a maniac?
Sorry guys, but it wont work.
'They' do not need to caution you to find out who the driver was, that is exempt from the caution.
Then once they find out who that was, they do not ask you any questions other than, do you want to pay the exorbitant amount and be flogged, or go to court and be shafted a lot more........
Therefore, no questions, no interview, no need for caution.
However, in the NIP, it has the relevant wording...
'You will be reported for condsideration of the question of prosecuting you for....'yada yada, you know the rest.
this is al the is required, so the letter going round at the moment is another urban myth.....
Sorry to be the bearer of bad tidings, but if we ever find anything that does work, you will be the first to know........
'They' do not need to caution you to find out who the driver was, that is exempt from the caution.
Then once they find out who that was, they do not ask you any questions other than, do you want to pay the exorbitant amount and be flogged, or go to court and be shafted a lot more........
Therefore, no questions, no interview, no need for caution.
However, in the NIP, it has the relevant wording...
'You will be reported for condsideration of the question of prosecuting you for....'yada yada, you know the rest.
this is al the is required, so the letter going round at the moment is another urban myth.....
Sorry to be the bearer of bad tidings, but if we ever find anything that does work, you will be the first to know........
- VTRgirl
- Posts: 2281
- Joined: Mon May 16, 2005 3:22 pm
- Location: Sunny Queensland, Great Southern Land
Was wondering if you meant oil rigs. Have a couple of friends in the same line of work. One does Ballast Control Officer & his brother is the top rung on the Marine side of things (sounds like what you're talking about, I think). I may have that wrong... Can't really remember what job was what, just that there were two different ladders to climb in the industry. Seems a good wicket, money-wise, anyway. Good on you!
If you ate yourself would you become twice as big or simply disappear?
-
- Posts: 100
- Joined: Tue Apr 11, 2006 1:10 pm
- Location: Neath, S.Wales
7 days down since i got flashed by the camera and no NIP, but i'm probably tempting fate.
The camera is in a rough part of the 'burbs.... was hoping the locals would take care of it. What size tyres do gatso's take and do they burn diesel or petrol more efficiently. I jest of course......
The camera is in a rough part of the 'burbs.... was hoping the locals would take care of it. What size tyres do gatso's take and do they burn diesel or petrol more efficiently. I jest of course......

Have you noticed when you're riding that everyone going slower than you is an idiot and everyone going faster than you is a maniac?
i would imagine that a small hand drill and a large syringe full of petrol and a naked flame would work better than a dunlop
and if the hand drill doesn't work, a small crow bar to level up the edge will do
not that i've ever tried it......
and if the hand drill doesn't work, a small crow bar to level up the edge will do

not that i've ever tried it......

Never argue with an idiot, they will drag you down to their level and beat you with experience.
- yellafella
- Posts: 1276
- Joined: Tue Sep 21, 2004 9:58 am
- Location: Middlesbrough