Pulled over for overtaking

[wales01man]

Re: Pulled over for overtaking

Been told its verbal notice at the road side then the officer decides later if a NIP is sent if the OP islucky it may not proceed to NIP for many reasons one being the officerdoes not bother to

[Openlaw15]

Re: Pulled over for overtaking

Section 1(1) of the Road Traffic Offenders Act 1988 states:

Requirement of warning etc. of prosecutions for certain offences:

(1)Subject to section 2 of this Act, where a person is prosecuted for an offence to which this section applies, he is not to be convicted unlessā€”

(a)he was warned at the time the offence was committed that the question of prosecuting him for some one or other of the offences to which this section applies would be taken into consideration,


Verbal is sufficient for most offences

No, Parliament makes statute for a reason. It badly drafted but there is no express section/ provision that states a verbal warning is sufficient. Parliament gives some statutory guidance as follows:

"1A)A notice required by this section to be served on any person may be served on that person—(a)by delivering it to him;
(b)by addressing it to him and leaving it at his last known address; or
(c)by sending it by registered post, recorded delivery service or first class post addressed to him at his last known address.]
(2)A notice shall be deemed for the purposes of subsection (1)(c) above to have been served on a person if it was sent by registered post or recorded delivery service addressed to him at his last known address, notwithstanding that the notice was returned as undelivered or was for any other reason not received by him."

[des8]

Re: Pulled over for overtaking

and there's nothing which says the warning is a notice which needs to be served by post.
On the contrary the following sections make it clear that a postal NiP is required if no warning was given at the time
And here are three quotes from other websites which concur with my reading of the Road Traffic Offenders Act 1988

http://www.theroadtrafficlawyer.com/...d-prosecution/
The correct legal position is that Section 1 of the Road Traffic Offenders Act 1988 requires that for certain offences either a warning must have been issued at the time of the alleged offence of the possibility of prosecution or that a notice, in these terms, is sent to the driver or registered keeper within 14 days
http://www.driving-law.co.uk/terms/intended_prosecution.asp
A notice of intended prosecution can be given:

• either orally or in writing at the time the offence was committed.

https://www.ukpoliceonline.co.uk/ind...g-for-summons/

NOIPs are only required for the relevant offences and can be issued verbally.

[Ciprian.Bogatian]

Re: Pulled over for overtaking

He didn't say nothing to me...he was very fast in taking my details and just said that I'll receive a letter in the next 6 months to be summoned...
Is it ok with what he done?,
Thanks

[wales01man]

Re: Pulled over for overtaking

This will if it goes to court becomes your word against his

[des8]

Re: Pulled over for overtaking

How long ago were you stopped?
It is quite possible that the police will still send you a NiP in the post, so you will know exactly what you are supposed to have done.

I suppose at the time you produced your licence.
If you didn't you could make enquiries when you produce it for police inspection.

As it seems a verbal warning was given the prosecution have to show it was understood at the time. (Gibson v Dalton [1980]RTR 410).Gibson v Dalton [1980] RTR 410

It does appear that you did not understand what was said, and if you can afford a good talking solicitor you might successfully dispute any charge that might be brought.

[Ciprian.Bogatian]

Re: Pulled over for overtaking

Early this morning it happens,
I just got back home and the road it is discontinued so I don't really know why he pull me over for,
Do they have video recording on their cars?,
I think it is totally wrong what he did...,
By not detailed the offence...just this:
"It is illegal to overtake"...
Really stupid...I think...

[des8]

Re: Pulled over for overtaking

Early this morning it happens,
I just got back home and the road it is discontinued (could you explain what you mean please & identify the road?)so I don't really know why he pull me over for,
Do they have video recording on their cars?,(sometimes)
I think it is totally wrong what he did...,
By not detailed the offence...just this:
"It is illegal to overtake"...(certainly sounds odd ..wait & see what comes of it)
Really stupid...I think...

comments in red

[Ciprian.Bogatian]

Re: Pulled over for overtaking

The white lines are discontinued...with gaps between them...so overtake is ok...

[Openlaw15]

Re: Pulled over for overtaking

The white lines are discontinued...with gaps between them...so overtake is ok...

I
f the white strip is long but very small gaps between the stripes it means it's not safe to overtake.

[Noah]

Re: Pulled over for overtaking

It actually means hazard ahead and only cross if it is safe to do so.
Rule 127

it does not mean no overtaking

https://www.gov.uk/guidance/the-high...to-158#rule127

[wales01man]

Re: Pulled over for overtaking

Until the OP gets a Summons we can all guess what lines were on the road we are flying blind if this goes to court there will be a statement from the policeman and the OP can answer in defence.

[Ciprian.Bogatian]

Re: Pulled over for overtaking

I guess I have to wait for the letter to see what's the offence...even though I think I didn't break no law...

[Openlaw15]

Re: Pulled over for overtaking

It actually means hazard ahead and only cross if it is safe to do so.
Rule 127

it does not mean no overtaking

https://www.gov.uk/guidance/the-high...to-158#rule127

If there is a hazard ..it generally means 'not safe'....just saying.

[Noah]

Re: Pulled over for overtaking

Openlaw
I suggest you actually read what is stated , that is why I provided a link

It clearly states that you should not overtake unless it is safe to do so, seems a bit odd to me as you should never overtake unless it is safe to do so but I suspect it just means take extra care