NIP Duty Police Officers

  • Reference Number: 2195
  • Date released: 16 November 2009

Request

  1. Can you tell me how many notices of intended prosecution have been issued to on duty police officers from your force for speeding in the last two years, broken down by year.  
  2. Can you tell me how many of those notices were subsequently cancelled, and how many officers received a fine and points on their licence

Response

In accordance with section 1 (1) (b) of the Act our response is provided below;

Please note: for ease I have numbered your questions.

1. 07/08 44
08/09 30
1/04/09 to end Oct 16

Please see note below, which explains the exemption from speed limits that is applicable to emergency service vehicles.

2. The fact that a Notice of Intended Prosecution has been served on a driver or registered keeper of a vehicle is not conclusive that an offence has been committed. The service of the NIP is a procedural requirement, in order that the recipient can avail himself or herself of any evidence, which would assist their defence if prosecuted.

None of the NIP resulted in enforcement action following a review of the case, as it was deemed by a senior manager that no offence had been committed. See note below, which states the legal exemption in the Road Traffic Regulation Act 1984, applicable to emergency service vehicle drivers.

The fixed penalty is £60 and three penalty points, if the notice is paid in time without requesting a Court hearing.

The Road Traffic Regulation Act 1984 * as amended by Schedule 4 of the Serious Organised Crime and Police Act 2005
Section 87(1) of the Act exempts certain emergency vehicles from speed limits if observance would hinder the use of the vehicle for the purpose it was being used for on that occasion.

* 87. Exemption of fire brigade, ambulance and police vehicles from speed limits.
No statutory provision imposing a speed limit on motor vehicles shall apply to any vehicle on an occasion when it is being used for fire and rescue authority, ambulance or police purposes, if the observance of that provision would be likely to hinder the use of the vehicle for the purpose for which it is being used on that occasion. Subsection (1) above applies in relation to a vehicle being used for Serious Organised Crime Agency purposes.

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