- Reference Number: 2195
- Date released: 16 November 2009
Request
- 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.
- 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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