Time for prosecution of offence?

How long back can you be prosecuted for an offence as highlighted by your digi card. Example… i am stopped today and two months ago i drove for 5 hours with no break, can i still be done for it?

Card can hold up to a years data before it is overritten but that all depends on the useage on the card as far as i know you can be done for any offence that is on your card be it 3 days or 9 months ago.

tony66:
Card can hold up to a years data before it is overritten but that all depends on the useage on the card as far as i know you can be done for any offence that is on your card be it 3 days or 9 months ago.

Statute of limitations would apply as opposed to how long the cards last for though.

mrpj:
Statute of limitations would apply as opposed to how long the cards last for though.

Thats what i’m looking for, is it 6 months like most other motoring offences?

My understanding is that VOSA would not take action for offences that were over the 28 days from the time of being stopped.

For serious or repeated offences you could expect further action such as an official visit to the company but for a one off offence of the nature you describe I think you’d probably get a verbal warning and I’m not even sure that the warning would be official more likely an off the record warning I would have thought.

I seem to remember Geebee45 answering this once before and I think he said offences could be prosecuted for 6 months.

Try a search of his posts :wink:

Informations have to be laid at Court no later than 6 months after the offence occurred. What that means is that the prosecutor has to tell the Court that they believe you have been a naughty person within 6 months of you doing the alledged deed, That is not the same as saying you have to receive the summons within 6 months, that is actually open ended, although in the interests of justice it should happen without delay.

In the case of ‘false records’ the Prosecutor has two years to lay the information before the Court.

In reality Courts get very uncomfortable about ‘undue delay,’ in other words a Prosecutor would have to show that the caase had been processed as quickly as possible given the circumstances.

So Mike, what do you want to tell me? :smiley:

tachograph:
My understanding is that VOSA would not take action for offences that were over the 28 days from the time of being stopped.

For serious or repeated offences you could expect further action such as an official visit to the company but for a one off offence of the nature you describe I think you’d probably get a verbal warning and I’m not even sure that the warning would be official more likely an off the record warning I would have thought.

I seem to remember Geebee45 answering this once before and I think he said offences could be prosecuted for 6 months.

Try a search of his posts :wink:

Well to make the ‘example’ more specific, lets make it a copper stopped someone for a ‘random tacho check’ and he’s recieved two fixed penalties £60 for each one. One is for exceed 4.5 hours driving by half an hour and the other one is for incorrect use of mode switch, break instead of other work. Both dating back till April. I can’t seem to find anything concrete other than that the six months to lay the case. Unless anyone tells me anything different.

geebee45:
Informations have to be laid at Court no later than 6 months after the offence occurred. What that means is that the prosecutor has to tell the Court that they believe you have been a naughty person within 6 months of you doing the alledged deed, That is not the same as saying you have to receive the summons within 6 months, that is actually open ended, although in the interests of justice it should happen without delay.

In the case of ‘false records’ the Prosecutor has two years to lay the information before the Court.

In reality Courts get very uncomfortable about ‘undue delay,’ in other words a Prosecutor would have to show that the caase had been processed as quickly as possible given the circumstances.

So Mike, what do you want to tell me? :smiley:

Ok thanks for that. No its not me, i’m a good guy. Its my mate, i’ll tell him to just pay his FPN’s, just thought i’d check :smiley:
Cheers. He’s just probably redlighted his company ! :laughing: :laughing:

Here you go Mike

geebee45:
Statute Barred for hours offences is 6 months. However, a pattern of offences that is older than that could be drawn to the attention of the TC, especially if they are reoccurring. Hence, one of the reasons charts / records have to be kept for 12 months.
False records; stat bar is two years.

edit: Sorry the question was answered whilst I was posting :blush:

tachograph:
edit: Sorry the question was answered whilst I was posting :blush:

Thanks anyway mate, i couldn’t find it myself .