The driver had a minor accident reversing out of his drive. He was unaware of it. A few hours later, he was interviewed by a police officer, but the officer gave him neither oral or written warning pursuant to section 179(a) of the 1972 Act that he might be prosecuted. Four days later he was seen again, and was told that he would be reported for driving without due care and attention. The prosecutor now appealed against dismissal of the information by the Magistrates on the basis that no summons and notice had been served within 14 days as required by section 179(2)(b) and (c). The prosecutor argued that under section 179(3), since there had been an accident, no notice was needed.
Held: The appeal failed. The oral warning had not been given ‘at the time the offence was committed’ and therefore did not satisfy section 179(2)(a). Section 179(3) could not be read to have removed this protection from the public.
Citations:
[1983] RTR 3456
Statutes:
Road Traffic Act 1972 179(2)(a)(b)(c)(3A), Road Traffic Act 1974 2492)
Road Traffic
Updated: 04 May 2022; Ref: scu.444529