Nip for Driving on hard shoulder

[wayne d]

I've received a notice of intended prosecution for driving on a motorway hard shoulder half a mile from an exit due to my car starting to overheat in very slow moving traffic. I had been intending to get off the motorway to prevent causing further difficulties. The NIP arrived 16 days after the event so I wrote back to the police informing them I was the driver but the normal 14 days allowed for issuing an NIP had passed. I've since had a letter telling me 14 days does not apply to this offence. Am I right in thinking all NIP notices fall under a section 1 of the Road Traffic Offenders Act 1988 and hence get 14 days for the notice to be issued ? I can find any relevant information excluding this offence.

[HandyAndy]

Am I right in thinking all NIP notices fall under a section 1 of the Road Traffic Offenders Act 1988 and hence get 14 days for the notice to be issued ? I can find any relevant information excluding this offence.

Yes you are right in thinking that all NIP offences fall under s1 of the RTOA in as much as any offence to which it applies requires a NIP to be served within 14 days. But the RTOA also defines which offences s1 applies to. They are listed in Schedule 1 to the Act:

Road Traffic Offenders Act 1988

Driving on a motorway hard shoulder is contrary to Section 9 of the Motorways Traffic (England and Wales) Regulations 1982. That regulation is not listed in Schedule 1 so no NIP is required at all. If one is provided it is as a courtesy only and so it is not subject to any time restriction:

The Motorways Traffic (England and Wales) Regulations 1982

In the event of an emergency or breakdown you can only stop on a hard shoulder. You cannot drive on it.