Ridiculous loophole that could get hundreds of motorists off the hook for driving offences
A major administrative oversight by Police Scotland could mean hundreds of potentially dangerous drivers are allowed to stay on the road
A RIDICULOUS loophole could let hundreds of drivers off the hook after being caught on camera for a range of motoring offences.
Potentially dangerous motorists in Scotland could be given a lucky break after police failed to update official documents.
Drivers have been issued with Notice of Intended Prosecution (NIP) letters that their lawyers now claim are invalid - all because Police Scotland forgot to remove the name of a former employee.
Chief Constable Phil Gormley quit the force in February, but letters issued over a six-month period still displayed his signature, according to reports from
Lawyers defending clients for offences including speeding, collisions and dangerous driving argue that the letters cannot be used to prosecute as they are signed off by someone who did not work for the organisation at the time.
NIP letters are sent to drivers who have been caught on camera committing an offence, and state a person is required by law to reveal who was in control of a vehicle at the time of an alleged crime under Section 172 of the 1988 Road Traffic Act.
The letters must be authorised by the Chief of Police, meaning those received after February weren't correctly validated.
Officers also carry cards with the former Chief Constable's name on them to allow them to question members of the public for driver details, while fixed penalty notices issued after February were also still signed off by Gormley.
Documents issued since August now display new Chief Constable, Iain Livingstone's signature - but the six-month blunder has left hundreds of cases in doubt.
Terry Gallanagh, road traffic law expert at Paisley firm McCusker, McElroy and Gallanagh,: “We’ve been aware of this for about five months. There will be many cases where this has arisen.
“Just think how many people are stopped by speed cameras in a day?
“Any letters sent out in Gormley’s name after he resigned are no longer valid, in my opinion.
"It has been an administrative error that may have far-reaching consequences for hundreds of proposed prosecutions."
the road laws you need to know
And another solicitor, representing a driver accused of being involved in a hit-and-run, said: “This error by Police Scotland will have serious consequences and result in people who should be removed from the road being able to keep their licence.”
According to reports, the Crown Office has allegedly been forced to abandon a number of cases already due to the administrative mishap.
A spokesperson for Police Scotland said the force still considers the NIP letters to be valid.