29 Penalty for using or keeping unlicensed vehicle.
(1) If a person uses, or keeps, a vehicle which is unlicensed he is guilty of an offence.
(2) For the purposes of subsection (1) a vehicle is unlicensed if no vehicle licence or trade licence is in force for or in respect of the vehicle.
(2A) Subsection (1) does not apply to a vehicle if—
(a) it is an exempt vehicle in respect of which regulations under this Act require a nil licence to be in force and a nil licence is in force in respect of the vehicle, or
(b) it is an exempt vehicle that is not one in respect of which regulations under this Act require a nil licence to be in force.
(2B) Subsection (1) does not apply to a vehicle if—
(a) the vehicle is being neither used nor kept on a public road, and
(b) the particulars and declaration required to be furnished and made by regulations under section 22(1D) have been furnished and made in accordance with the regulations and the terms of the declaration have at no time been breached.
(2C) Subsection (1) does not apply to a vehicle if the vehicle is kept by a motor trader or vehicle tester at business premises.
(2D) The Secretary of State may by regulations make provision amending this section for the purpose of providing further exceptions from subsection (1) (or varying or revoking any such further exceptions).
(2E) A person accused of an offence under subsection (1) is not entitled to the benefit of an exception from subsection (1) conferred by or under this section unless evidence is adduced that is sufficient to raise an issue with respect to that exception; but where evidence is so adduced it is for the prosecution to prove beyond reasonable doubt that the exception does not apply.
(3) Subject to subsection (3A) a person guilty of an offence under subsection (1) is liable on summary conviction to an excise penalty of—
(a) level 3 on the standard scale, or
(b) five times the amount of the vehicle excise duty chargeable in respect of using or keeping the vehicle on a public road,
whichever is the greater.
(3A) In the case of a person who—
(a) has provided the Secretary of State with a declaration or statement (in pursuance of regulations under section 22) that the vehicle will not during a period specified in the declaration or statement be used or kept on a public road, and
(b) commits an offence under subsection (1) within a period prescribed by regulations,
subsection (3) applies as if the reference in paragraph (a) to level 3 were a reference to level 4.
(4) Where a vehicle for which a vehicle licence is in force is transferred by the holder of the licence to another person, the licence is to be treated for the purposes of subsection (2) as no longer in force ... .
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) The amount of the vehicle excise duty chargeable in respect of a vehicle is to be taken for the purposes of subsection (3)(b) to be an amount equal to the annual rate of duty applicable to the vehicle at the date on which the offence was committed.
(7) Where in the case of a vehicle not being used on a public road that annual rate differs from the annual rate by reference to which the vehicle was at that date chargeable under section 2(3) to (6), the amount of the vehicle excise duty chargeable in respect of the vehicle is to be taken for those purposes to be an amount equal to the latter rate.
(8) In the case of a conviction for a continuing offence, the offence is to be taken for the purposes of subsections (6) and (7) to have been committed on the date or latest date to which the conviction relates.
30 Additional liability for keeper of unlicensed vehicle.
(1) Where the person convicted of an offence under section 29 is the person by whom the vehicle in respect of which the offence was committed was kept at the time at which it was committed, the court shall (in addition to any penalty which it may impose under that section) order him to pay the amount specified in subsection (2).
(2) The amount referred to in subsection (1) is an amount equal to one-twelfth of the annual rate of vehicle excise duty chargeable in respect of using or keeping the vehicle on a public road for each month, or part of a month, in the relevant period (within the meaning of section 31).
(3) In relation to any month or part of a month in the relevant period, the reference in subsection (2) to the annual rate of vehicle excise duty appropriate to the vehicle is a reference to the annual rate applicable to it at the beginning of that month or part.
(4) A vehicle is to be taken for the purposes of this section to have belonged throughout the relevant period to the description of vehicle to which it belonged for the purposes of vehicle excise duty at—
(a) the date on which the offence was committed, or
(b) if the prosecution so elect, the date when a vehicle licence for it was last issued,
except so far as it is proved to have fallen within some other description for the whole of any month or part of a month in that period.
(5) In the case of a conviction for a continuing offence, the offence is to be taken for the purposes of this section to have been committed on the date or latest date to which the conviction relates.
(1) For the purposes of section 30 the relevant period is the period—
(a) ending with the date on which the offence was committed, and
(b) beginning as provided by subsections (2) to (4).
(2) Subject to subsection (4), if the person convicted has before the date of the offence notified the Secretary of State of his acquisition of the vehicle in accordance with regulations made by the Secretary of State, the relevant period begins with—
(a) the date on which the notification was received by the Secretary of State, or
(b) the expiry of the vehicle licence last in force for the vehicle,
whichever is the later.
(3) Subject to subsection (4), in any other case the relevant period begins with—
(a) the expiry of the vehicle licence last in force for the vehicle before the date on which the offence was committed, or
(b) if there has not at any time before that date been a vehicle licence in force for the vehicle, the date on which the vehicle was first kept by the person convicted.
(4) Where—
(a) the person convicted has been ordered to pay an amount under section 30 on the occasion of a previous conviction for an offence in respect of the same vehicle, and
(b) that offence was committed after the date specified in subsection (2) or (3) as the date with which the relevant period begins,
the relevant period instead begins with the month immediately following that in which the earlier offence was committed.
(5) Where the person convicted proves—
(a) that throughout any month or part of a month in the relevant period the vehicle was not kept by him, or
(b) that he has paid the duty due . . .in respect of the vehicle for any such month or part of a month,
any amount which the person is ordered to pay under section 30 is to be calculated as if that month or part of a month were not in the relevant period.
(6) Where a person has previously been ordered under section 36 to pay an amount for a month or part of a month in the case of a vehicle, any amount which he is ordered to pay under section 30 in the case of the vehicle is to be calculated as if no part of that month were in the relevant period.
(7) In this section references to the expiry of a vehicle licence include a reference to—
(a) its ... ceasing to be in force under section 19(7), and
(b) its being treated as no longer in force for the purposes of subsection (2) of section 29 by subsection (4) of that section.
(8) In the case of a conviction for a continuing offence, the offence is to be taken for the purposes of this section to have been committed on the date or latest date to which the conviction relates.
31A Offence by registered keeper where vehicle unlicensed
(1) If a vehicle registered under this Act is unlicensed, the person in whose name the vehicle is registered is guilty of an offence.
(2) For the purposes of this section a vehicle is unlicensed if no vehicle licence or trade licence is in force for or in respect of the vehicle.
(3) Subsection (1) does not apply to a vehicle if—
(a) it is an exempt vehicle in respect of which regulations under this Act require a nil licence to be in force and a nil licence is in force in respect of the vehicle, or
(b) it is an exempt vehicle that is not one in respect of which regulations under this Act require a nil licence to be in force.
(4) Where a vehicle for which a vehicle licence is in force is transferred by the holder of the licence to another person, the licence is to be treated for the purposes of subsection (2) as no longer in force ... .
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) A person (“the registered keeper”) in whose name an unlicensed vehicle is registered at any particular time (“the relevant time”) does not commit an offence under section 31A at that time if any of the following conditions are satisfied.
(2) The first condition is that the registered keeper—
(a) is not at the relevant time the person keeping the vehicle, and
(b) if previously he was the person keeping the vehicle, he has by the relevant time complied with any requirements under section 22(1)(d)—
(i) that are prescribed for the purposes of this condition, and
(ii) that he is required to have complied with by the relevant or any earlier time.
(3) The second condition is that—
(a) the registered keeper is at the relevant time the person keeping the vehicle,
(b) at the relevant time the vehicle is neither kept nor used on a public road, and
(c) the registered keeper has by the relevant time complied with any requirements under section 22(1D)—
(i) that are prescribed for the purposes of this condition, and
(ii) that he is required to have complied with by the relevant or any earlier time.
(4) The third condition is that—
(a) the vehicle has been stolen before the relevant time,
(b) the vehicle has not been recovered by the relevant time, and
(c) any requirements under subsection (6) that, in connection with the theft, are required to have been complied with by the relevant or any earlier time have been complied with by the relevant time.
(5) The fourth condition is that the relevant time falls within a period (“the grace days”)—
(a) beginning with the expiry of the last vehicle licence to be in force for the vehicle, and
(b) of a prescribed length,
and a vehicle licence for the vehicle is taken out within the grace days for a period beginning with the grace days.
(6) The Secretary of State may by regulations make provision for the purposes of subsection (4)(c) as to the persons to whom, the times at which and the manner in which the theft of a vehicle is to be notified.
(7) The Secretary of State may by regulations make provision amending this section for the purpose of providing for further exceptions to section 31A(1) (or varying or revoking any such further exceptions).
(8) A person accused of an offence under section 31A(1) is not entitled to the benefit of an exception conferred by or under this section unless evidence is adduced that is sufficient to raise an issue with respect to that exception, but where evidence is so adduced it is for the prosecution to prove beyond reasonable doubt that the exception does not apply.
(9) In this section—
(a) references to the expiry of a vehicle licence include a reference to—
(i) its ... ceasing to be in force under section 19(7), and
(ii) its being treated as no longer in force for the purposes of subsection (2) of section 31A by subsection (4) of that section;
(b) “prescribed” means prescribed by regulations made by the Secretary of State.
(1) A person guilty of an offence under section 31A(1) is liable on summary conviction to—
(a) an excise penalty of—
(i) level 3 on the standard scale, or
(ii) five times the amount of vehicle excise duty chargeable in respect of the vehicle concerned,
whichever is the greater; and
(b) if subsection (3) applies to him, an excise penalty (in addition to any under paragraph (a)) of an amount that complies with subsection (2).
(2) An amount complies with this subsection if it—
(a) is not less than the greater of—
(i) the maximum of the penalty to which the person is liable under subsection (1)(a), and
(ii) the amount of the supplement (if any) that became payable by him by reason of non-renewal of the vehicle licence for the vehicle that last expired before the commission of the offence; and
(b) is not more than the greatest of—
(i) the maximum of the penalty to which the person is liable under subsection (1)(a),
(ii) the amount mentioned in paragraph (a)(ii), and
(iii) ten times the amount of vehicle excise duty chargeable in respect of the vehicle.
(3) This subsection applies to the person if—
(a) he was, at the time proceedings for the offence were commenced, the person in whose name the vehicle concerned was registered under this Act, and
(b) that vehicle was unlicensed throughout the period beginning with the commission of the offence and ending with the commencement of those proceedings.
(4) The amount of vehicle excise duty chargeable in respect of a vehicle is to be taken for the purposes of subsections (1) and (2) to be an amount equal to the annual rate of duty applicable to the vehicle at the date on which the offence was committed.
(5) Where in the case of a vehicle kept (but not used) on a public road that annual rate differs from the annual rate by reference to which the vehicle was at that date chargeable under section 2(3) to (6), the amount of the vehicle excise duty chargeable in respect of the vehicle is to be taken for those purposes to be an amount equal to the latter rate.
(6) In the case of a conviction for a continuing offence, the offence is to be taken for the purposes of subsections (4) and (5) to have been committed on the date or latest date to which the conviction relates.
(7) In this section, references to the expiry of a vehicle licence include a reference to—
(a) its ... ceasing to be in force under section 19(7), and
(b) its being treated as no longer in force for the purposes of subsection (2) of section 31A by subsection (4) of that section.
(1) Where in the case of an offence under section 29 or 31A there is made against a person—
(a) an order under section 79 or 80 of the Sentencing Code discharging him absolutely or conditionally,
(b) or an order under section 228 of the Criminal Procedure (Scotland) Act 1995 placing him on probation or under 246(3) of that Act discharging him absolutely, or
(c) an order under the Article 4 of the Criminal Justice (Northern Ireland) Order 1996 discharging him absolutely or conditionally . . . ,
he is to be treated for the purposes of sections 29 to 31 or (as the case may be) sections 31A to 31C as having been convicted.
(2) Section 30 has effect subject to the provisions (applying with the necessary modifications) of any enactment relating to the imposition of fines by magistrates’ courts and courts of summary jurisdiction, other than any conferring a discretion as to their amount.
(3) Where a sum is payable by virtue of an order under section 30—
(a) in England and Wales, the sum is to be treated as a fine, and the order as a conviction, for the purposes of Part III of the Magistrates’ Courts Act 1980 (including any enactment having effect as if contained in that Part) and of any other enactment relating to the recovery or application of sums ordered to be paid by magistrates’ courts,
(b) in Scotland, the sum is to be treated as a fine, and the order as a conviction, for the purposes of any enactment relating to the recovery or application of sums ordered to be paid by courts of summary jurisdiction, and
(c) in Northern Ireland, the sum is recoverable as a sum adjudged to be paid by a conviction and is to be treated for all purposes as a fine within the meaning of section 20 of the Administration of Justice Act (Northern Ireland) 1954.
32A Immobilisation, removal and disposal of vehicles.
Schedule 2A (which relates to the immobilisation of vehicles as regards which it appears that an offence under section 29(1) is being committed and to their removal and disposal) shall have effect.
(1) A person holding a trade licence or trade licences is guilty of an offence if he—
(a) uses at any one time on a public road a greater number of vehicles (not being vehicles for which vehicle licences are for the time being in force) than he is authorised to use by virtue of the trade licence or licences,
(b) uses a vehicle (not being a vehicle for which a vehicle licence is for the time being in force) on a public road for any purpose other than a purpose which has been prescribed under section 12(2)(b), or
(c) uses the trade licence, or any of the trade licences, for the purposes of keeping on a public road in any circumstances other than circumstances which have been prescribed under section 12(1)(c) a vehicle which is not being used on that road.
(2) A person guilty of an offence under subsection (1) is liable on summary conviction to an excise penalty of—
(a) level 3 on the standard scale, or
(b) five times the amount of the vehicle excise duty chargeable in respect of (in the case of an offence under subsection (1)(a)) the vehicles which he is not authorised to use or (in the case of an offence under subsection (1)(b) or (c)) the vehicle concerned,
whichever is the greater.
(3) The amount of the vehicle excise duty chargeable in respect of a vehicle is to be taken for the purposes of subsection (2) to be an amount equal to the annual rate of duty applicable to the vehicle at the date on which the offence was committed.
(4) Where in the case of a vehicle kept (but not used) on a public road that annual rate differs from the annual rate by reference to which the vehicle was at that date chargeable under section 2(3) to (6) , the amount of the vehicle excise duty chargeable in respect of the vehicle is to be taken for those purposes to be an amount equal to the latter rate.
(5) In the case of a conviction for a continuing offence, the offence is to be taken for the purposes of subsections (3) and (4) to have been committed on the date or latest date to which the conviction relates.
(1) In a case where—
(a) a notice sent as mentioned in section 19A(2)(b) or 19B(2)(c) or a further notice sent as mentioned in section 19A(3)(d), 19B(3)(d) or 19B(5)(f) requires a person to pay the amount specified in subsection (4) within such reasonable period as is specified in the notice, and
(b) the person fails to comply with the requirement within that period,
he shall be liable on summary conviction to a penalty of an amount found under subsection (2).
(2) The amount is whichever is the greater of—
(a) level 3 on the standard scale;
(b) an amount equal to five times the annual rate of duty that was payable on the grant of the licence or would have been so payable if it had been taken out for a period of twelve months.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) The amount referred to in subsection (1)(a) is an amount equal to one-twelfth of the appropriate annual rate of vehicle excise duty for each month, or part of a month, in the relevant period.
(5) The reference in subsection (4) to the appropriate annual rate of vehicle excise duty is a reference
(a) in the case of a vehicle licence, to the annual rate which at the beginning of the relevant period was applicable to a vehicle of the description specified in the application, or
(b) in the case of a trade licence, to the basic goods vehicle rate (within the meaning of section 13) which was applicable at that time (or to the annual rate which at that time was applicable to a vehicle falling within sub-paragraph (1)(d) of paragraph 2 of that Schedule if the licence was to be used only for vehicles to which that paragraph applies).
(6) For the purposes of subsection (4) the relevant period is the period—
(a) beginning with the first day of the period for which the licence was applied for or, if later, the day on which the licence first was to have effect, and
(b) ending with whichever is the earliest of the times specified in subsection (7).
(7) In the case of a requirement in a notice relating to a vehicle licence, those times are—
(a) the end of the month in which the notice under section 19A(2)(b) or 19B(2)(c) or the further notice under section 19A(3)(d), 19B(3)(d) or 19B(5)(f) was sent,
(b) the date on which the licence was due to expire, and
(c) the end of the month preceding that in which there first had effect a new vehicle licence for the vehicle in question;
and, in a case of a requirement in a notice relating to a trade licence, those times are the times specified in paragraphs (a) and (b).
(8) In a case where a notice is sent as mentioned in section 19B(5)(f) the amounts specified in subsections (2)(b) and (4) are to be calculated on the basis of the rate described in section 4(1)(b) or 13(3A) (whichever is relevant).
(1) Where a person has been convicted of an offence under section 35A in relation to a vehicle licence or a trade licence, the court shall (in addition to any penalty which it may impose under that section) order him to pay the amount specified in subsection (2).
(2) The amount referred to in subsection (1) is an amount equal to one-twelfth of the appropriate annual rate of vehicle excise duty for each month, or part of a month, in the relevant period.
(3) The reference in subsection (2) to the appropriate annual rate of vehicle excise duty is a reference
(a) in the case of a vehicle licence, to the annual rate which at the beginning of the relevant period was applicable to a vehicle of the description specified in the application, or
(b) in the case of a trade licence, to the basic goods vehicle rate (within the meaning of section 13) which was applicable at that time (or to the annual rate which at that time was applicable to a vehicle falling within sub-paragraph (1)(d) of paragraph 2 of that Schedule if the licence was to be used only for vehicles to which that paragraph applies).
(4) For the purposes of this section the relevant period is the period—
(a) beginning with the first day of the period for which the licence was applied for or, if later, the day on which the licence first was to have effect, and
(b) ending with whichever is the earliest of the times specified in subsection (4A).
(4A) In the case of a vehicle licence, those times are—
(a) the end of the month in which the relevant notice was sent,
(b) the date on which the licence was due to expire, and
(c) the end of the month preceding that in which there first had effect a new licence for the vehicle in question;
and, in the case of a trade licence, those times are the times specified in paragraphs (a) and (b).
(4B) In subsection (4A)(a), the “relevant notice” is the notice under section 19A(2)(b) or 19B(2)(c) or the further notice under section 19A(3)(d), 19B(3)(d) or 19B(5)(f) which contained the requirement which was not complied with, resulting in the conviction of an offence under section 35A.
(5) Where a person has previously been ordered under section 30 to pay an amount for a month or part of a month in the case of a vehicle, any amount which he is ordered to pay under this section in the case of a vehicle licence for the vehicle is to be calculated as if no part of that month were in the relevant period.
(6) Where—
(a) a person has been convicted of an offence under section 35A in relation to a vehicle licence or a trade licence, and
(b) a requirement to pay an amount with respect to that licence has been imposed on that person by virtue of section 35A(1)(a),
the order to pay an amount under this section shall have effect instead of that requirement and the amount to be paid under the order shall be reduced by any amount actually paid in pursuance of the requirement.
(7) In a case where a notice is sent as mentioned in section 19B(5)(f) the amount specified in subsection (2) is to be calculated on the basis of the rate described in section 4(1)(b) or 13(3A) (whichever is relevant).
37 Penalty for not paying duty chargeable at higher rate.
(1) Where—
(a) a vehicle licence has been taken out for a vehicle at any rate of vehicle excise duty,
(b) at any time while the licence is in force the vehicle is so used that duty at a higher rate becomes chargeable in respect of the licence for the vehicle under section 15, and
(c) duty at that higher rate was not paid before the vehicle was so used,
the person so using the vehicle is guilty of an offence.
(2) A person guilty of an offence under subsection (1) is liable on summary conviction . . . to an excise penalty of—
(a) level 3 on the standard scale . . ., or
(b) five times the difference between the duty actually paid on the licence and the amount of the duty at the higher rate,
whichever is the greater.
38 Additional liability for keeper of vehicle chargeable at higher rate.
(1) Where the person convicted of an offence under section 37 is the person by whom the vehicle in respect of which the offence was committed was kept at the time at which it was committed, the court shall (in addition to any penalty which it may impose under that section) order him to pay the amount specified in subsection (2).
(2) The amount referred to in subsection (1) is an amount equal to one-twelfth of the difference between—
(a) the rate of duty at which the licence in relation to which the offence was committed was taken out, and
(b) the relevant higher rate of duty (within the meaning of section 39) in relation to the vehicle,
for each month, or part of a month, in the relevant period (within the meaning of section 40).
(3) A vehicle is to be taken for the purposes of subsection (2) to have belonged throughout the relevant period to the description of vehicle to which it belonged for the purposes of vehicle excise duty at the date on which the offence was committed, except so far as it is proved to have fallen within some other description for the whole of any month or part of a month in that period.
(4) Where a person is convicted of more than one offence under section 37 in respect of the same vehicle (whether or not in the same proceedings), the court shall (in calculating the amount payable under this section in respect of any of the offences) reduce the amount in relation to any period by any amount ordered to be paid under this section in relation to the period in respect of any other such offence.
39 Relevant higher rate of duty for purposes of section 38.
(1) For the purposes of section 38 the relevant higher rate of duty in relation to a vehicle is the rate provided by this section.
(2) Where—
(a) at the time of the offence the vehicle had a revenue weight which exceeded that which it had when the licence in relation to which the offence was committed was taken out, and
(b) the licence was taken out at the rate applicable to the previous weight,
the relevant higher rate of duty is the rate which would have been applicable had the licence been taken out by reference to the higher weight.
(3) Where—
(a) the vehicle is a tractive unit,
(b) the licence in relation to which the offence was committed was taken out at a rate applicable to the use of the vehicle—
(i) only with semi-trailers having not fewer than two axles, or
(ii) only with semi-trailers having not fewer than three axles, and
(c) the offence consisted in using the vehicle with a semi-trailer with a smaller number of axles,
the relevant higher rate of duty is the rate which would have been applicable had the licence been taken out by reference to the use of the vehicle which constituted the offence.
(4) Where—
(a) the licence in relation to which the offence was committed was taken out at a rate applicable, by virtue of paragraph 13 of Schedule 1, to a weight lower than the revenue weight of the vehicle, and
(b) the offence consisted in using the vehicle in contravention of a condition imposed under or by virtue of sub-paragraph (2) of that paragraph,
the relevant higher rate of duty is the rate which would have been applicable had the licence been taken out by reference to the revenue weight of the vehicle.
(5) Where—
(a) the licence in relation to which the offence was committed was taken out at a rate lower than that applicable to it by reference to its revenue weight, and
(b) none of subsections (2) to (4) apply,
the relevant higher rate of duty is the rate which would have been applicable had the licence been taken out by reference to the revenue weight of the vehicle.
(6) Where—
(a) the licence in relation to which the offence was committed was taken out at a rate lower than that at which duty was chargeable in respect of the condition, manner or purpose of use of the vehicle which constituted the offence, and
(b) none of subsections (2) to (5) apply,
the relevant higher rate of duty is the rate which would have been applicable had the licence been taken out by reference to the condition, manner or purpose of use of the vehicle which constituted the offence.
(1) For the purposes of section 38 the relevant period is the period—
(a) ending with the date on which the offence was committed, and
(b) beginning as provided by subsection (2) or (3).
(2) If the offence consists in the vehicle having a revenue weight which exceeds that which it had when the licence in relation to which the offence was committed was taken out, the relevant period begins with the date on which the vehicle became a vehicle with a higher revenue weight.
(3) In any other case, the relevant period begins with the date on which the licence in relation to which the offence was committed first took effect.
(4) Where the person convicted proves—
(a) that throughout any month or part of a month in the relevant period the vehicle was not kept by him, or
(b) that he has paid the duty due (or an amount equal to the duty due) at the relevant higher rate in respect of the vehicle for any such month or part of a month,
any amount which the person is ordered to pay under section 38 is to be calculated as if that month or part of a month were not in the relevant period.
(1) Where in the case of an offence under section 37 there is made against a person—
(a) an order under section 79 or 80 of the Sentencing Code discharging him absolutely or conditionally,
(b) or an order under section 228 of the Criminal Procedure (Scotland) Act 1995 placing him on probation or under 246(2) or (3) of that Act discharging him absolutely, or
(c) an order under the Probation Act (Northern Ireland) 1950 discharging him absolutely or conditionally or placing him on probation,
he is to be treated for the purposes of sections 38 to 40 as having been convicted.
(2) Section 38 has effect subject to the provisions (applying with the necessary modifications) of any enactment relating to the imposition of fines by magistrates’ courts and courts of summary jurisdiction, other than any conferring a discretion as to their amount.
(3) Where a sum is payable by virtue of an order under section 38—
(a) in England and Wales, the sum is to be treated as a fine, and the order as a conviction, for the purposes of Part III of the Magistrates’ Courts Act 1980 (including any enactment having effect as if contained in that Part) and of any other enactment relating to the recovery or application of sums ordered to be paid by magistrates’ courts,
(b) in Scotland, the sum is to be treated as a fine, and the order as a conviction, for the purposes of any enactment relating to the recovery or application of sums ordered to be paid by courts of summary jurisdiction, and
(c) in Northern Ireland, the sum is recoverable as a sum adjudged to be paid by a conviction and is to be treated for all purposes as a fine within the meaning of section 20 of the Administration of Justice Act (Northern Ireland) 1954.
(1) If a registration mark is not fixed on a vehicle as required by virtue of section 23, the relevant person is guilty of an offence.
(2) A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(3) In subsection (1) “the relevant person” means the person driving the vehicle or, where it is not being driven, the person keeping it.
(4) It is a defence for a person charged with an offence under subsection (1) to prove that—
(a) he had no reasonable opportunity to register the vehicle under this Act, and
(b) the vehicle was being driven for the purpose of being so registered.
(5) It is a defence for a person charged with an offence under subsection (1) in relation to a vehicle—
(a) to which section 47 of the Road Traffic Act 1988 applies by virtue of subsection (2)(b) of that section, or
(b) to which Article 63 of the Road Traffic (Northern Ireland) Order 1995 applies by virtue of paragraph (2)(b) of that Article,
(vehicles manufactured before the prescribed period and used before registration) to prove that he had no reasonable opportunity to register the vehicle under this Act and that the vehicle was being driven in accordance with subsection (6).
(6) A vehicle is being driven in accordance with this subsection if—
(a) it is being driven for the purposes of, or in connection with, its examination under section 45 of the Road Traffic Act 1988 in circumstances in which its use is exempted from subsection (1) of section 47 of that Act by regulations under subsection (6) of that section, or
(b) it is being driven for the purposes of, or in connection with, its examination under Article 61 of the Road Traffic (Northern Ireland) Order 1995 in circumstances in which its use is exempted from paragraph (1) of Article 63 of that Order by regulations under paragraph (6) of that Article.
(1) If a registration mark fixed on a vehicle as required by virtue of section 23 is in any way—
(a) obscured, or
(b) rendered, or allowed to become, not easily distinguishable,
the relevant person is guilty of an offence.
(2) A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(3) In subsection (1) “the relevant person” means the person driving the vehicle or, where it is not being driven, the person keeping it.
(4) It is a defence for a person charged with an offence under this section to prove that he took all steps which it was reasonably practicable to take to prevent the mark being obscured or rendered not easily distinguishable.
43A Failure to have nil licence for exempt vehicle.
(1) A person is guilty of an offence if—
(a) he uses, or keeps, on a public road an exempt vehicle,
(b) that vehicle is one in respect of which regulations under this Act require a nil licence to be in force, and
(c) a nil licence is not for the time being in force in respect of the vehicle.
(2) A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 2 on the standard scale.
(3) Subsection (1) has effect subject to the provisions of regulations made by the Secretary of State.
(4) The Secretary of State may, if he thinks fit, compound any proceedings for an offence under this section.
43B Vehicle identity checks: impersonation of authorised examiners
(1) A person is guilty of an offence if, with intent to deceive, he falsely represents himself to be a person entitled under regulations made by virtue of section 22A(2) to carry out examinations of vehicles in accordance with regulations so made.
(2) A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
43C Offence of using an incorrectly registered vehicle
(1) A person is guilty of an offence if, on a public road or in a public place, he uses a vehicle to which subsection (2) applies and in respect of which—
(a) the name and address of the keeper are not recorded in the register, or
(b) any of the particulars recorded in the register are incorrect.
(2) This subsection applies to a vehicle if—
(a) vehicle excise duty is chargeable in respect of it, or
(b) it is an exempt vehicle in respect of which regulations under this Act require a nil licence to be in force.
(3) It is a defence for a person charged with an offence under subsection (1) to show (as the case may be)—
(a) that there was no reasonable opportunity, before the material time, to furnish the name and address of the keeper of the vehicle, or
(b) that there was no reasonable opportunity, before the material time, to furnish particulars correcting the incorrect particulars.
(4) It is also a defence for a person charged with an offence under subsection (1) to show—
(a) that he had reasonable grounds for believing, or that it was reasonable for him to expect, that the name and address of the keeper or the other particulars of registration (as the case may be) were correctly recorded in the register, or
(b) that any exception prescribed in regulations under this section is met.
(5) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(6) The Secretary of State may make regulations prescribing, varying or revoking exceptions for the purposes of subsection (4)(b).
(7) In this section—
“keeper”, in relation to a vehicle, means the person by whom it is kept at the material time;
“the register” means the register kept by the Secretary of State under Part 2.
(1) A person is guilty of an offence if he forges, fraudulently alters, fraudulently uses, fraudulently lends or fraudulently allows to be used by another person anything to which subsection (2) applies.
(2) This subsection applies to—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d) a registration mark,
(e) a registration document, and
(f) a trade plate (including a replacement trade plate).
(3) A person guilty of an offence under this section is liable—
(a) on summary conviction, to a fine not exceeding the statutory maximum, and
(b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or (except in Scotland) to both.
45 False or misleading declarations and information.
(1) A person who in connection with—
(a) an application for a vehicle licence or a trade licence,
(b) a claim for a rebate under section 20, or
(c) an application for an allocation of registration marks,
makes a declaration which to his knowledge is either false or in any material respect misleading is guilty of an offence.
(2) A person who makes a declaration which—
(a) is required by regulations under this Act to be made in respect of a vehicle which is an exempt vehicle under paragraph 19 of Schedule 2, and
(b) to his knowledge is either false or in any material respect misleading,
is guilty of an offence.
(2A) A person who makes a declaration or statement which—
(a) is required to be made in respect of a vehicle by regulations under section 22, and
(b) to his knowledge is either false or in any material respect misleading,
is guilty of an offence.
(3) A person who—
(a) is required by virtue of this Act to furnish particulars relating to, or to the keeper of, a vehicle, and
(b) furnishes particulars which to his knowledge are either false or in any material respect misleading,
is guilty of an offence.
(3A) A person who, in supplying information or producing documents for the purposes of any regulations made under section 61A ... —
(a) makes a statement which to his knowledge is false or in any material respect misleading or recklessly makes a statement which is false or in any material respect misleading, or
(b) produces or otherwise makes use of a document which to his knowledge is false or in any material respect misleading,
is guilty of an offence.
(3B) A person who—
(a) with intent to deceive, forges, alters or uses a certificate issued by virtue of section 61A ... ;
(b) knowing or believing that it will be used for deception lends such a certificate to another or allows another to alter or use it; or
(c) without reasonable excuse makes or has in his possession any document so closely resembling such a certificate as to be calculated to deceive,
is guilty of an offence.
(4) A person guilty of an offence under this section is liable—
(a) on summary conviction, to a fine not exceeding the statutory maximum, and
(b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or (except in Scotland) to both.
(1) Where it is alleged that a vehicle has been used on a road in contravention of section 29, 34 , 37 or 43A—
(a) the person keeping the vehicle shall give such information as he may be required to give in accordance with subsection (7) as to the identity of the driver of the vehicle or any person who used the vehicle, and
(b) any other person shall give such information as it is in his power to give and which may lead to the identification of the driver of the vehicle or any person who used the vehicle if he is required to do so in accordance with subsection (7).
(2) Where it is alleged that a vehicle has been kept on a road in contravention of section 29 or 43A—
(a) the person keeping the vehicle shall give such information as he may be required to give in accordance with subsection (7) as to the identity of the person who kept the vehicle on the road, and
(b) any other person shall give such information as it is in his power to give and which may lead to the identification of the person who kept the vehicle on the road if he is required to do so in accordance with subsection (7).
(3) Where it is alleged that a vehicle has at any time been used on a road in contravention of section 29 or 43A, the person who is alleged to have so used the vehicle shall give such information as it is in his power to give as to the identity of the person who was keeping the vehicle at that time if he is required to do so in accordance with subsection (7).
(4) A person who fails to comply with subsection (1), (2) or (3) is guilty of an offence.
(5) A person guilty of an offence under subsection (4) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(6) If a person is charged with an offence under subsection (4) consisting of failing to comply with subsection (1)(a) or (2)(a), it is a defence for him to show to the satisfaction of the court that he did not know, and could not with reasonable diligence have ascertained, the identity of the person or persons concerned.
(7) A person is required to give information in accordance with this subsection if he is required to give the information by or on behalf of—
(a) a chief officer of police or, in Northern Ireland, the Chief Constable of the Royal Ulster Constabulary, or
(b) the Secretary of State.
46A Duty to give information: offences under regulations.
(1) Subsection (2) applies where it appears to the Secretary of State—
(a) that a person is a person by, through or to whom a vehicle has been sold or disposed of and that he has failed to comply with regulations made by virtue of section 22(1)(d) requiring him to furnish particulars prescribed by the regulations;
(b) that a person is a person by or through whom a vehicle has been sold or disposed of and that he has failed to comply with regulations made by virtue of section 22(1)(dd) requiring him to furnish a document prescribed by the regulations; or
(c) that a person is a person who is surrendering a vehicle licence, or who is not renewing a vehicle licence for a vehicle kept by him or who is keeping an unlicensed vehicle and that he has failed to comply with regulations made by virtue of section 22(1D) requiring him to furnish particulars or make a declaration prescribed by the regulations.
(2) The Secretary of State may serve a notice on the person in question requiring him to give the Secretary of State such information as it in his power to give—
(a) as to the identity of any person who is keeping a specified vehicle or who has kept it at a specified time or during a specified period;
(b) as to the identity of any person by, through or to whom a specified vehicle has been sold or disposed of at a specified time or during a specified period; or
(c) which may lead to the identification of a person falling within paragraph (a) or (b).
(3) A person who fails to comply with a notice under subsection (2) is guilty of an offence.
(4) A person guilty of an offence under subsection (3) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(5) In this section “specified” means specified in a notice under subsection (2).
47 Proceedings in England and Wales or Northern Ireland.
(1) No proceedings for an offence under section 29, 31A, 34 ,35A or 37 shall be instituted in England and Wales or Northern Ireland except by the Secretary of State or a constable; and no such proceedings shall be instituted there by a constable except with the approval of the Secretary of State.
(2) Proceedings for an offence under—
(a) section 29, 31A, 34 ,35A or 37, or
(b) regulations under this Act,
may be commenced in England or Wales or Northern Ireland by the Secretary of State or a constable at any time within six months from the date on which evidence sufficient in his opinion to justify the proceedings came to his knowledge.
(3) No proceedings for any offence may be commenced by virtue of subsection (2) more than three years after the commission of the offence.
(4) A certificate—
(a) stating that the Secretary of State’s approval is given for the institution by a constable of any proceedings specified in the certificate, and
(b) signed by or on behalf of the Secretary of State,
is conclusive evidence of that approval.
(5) A certificate—
(a) stating the date on which evidence such as is mentioned in subsection (2) came to the knowledge of the Secretary of State or a constable, and
(b) signed by or on behalf of the Secretary of State or constable,
is conclusive evidence of that date.
(6) A certificate—
(a) including a statement such as is mentioned in paragraph (a) of subsection (4) or (5), and
(b) purporting to be signed as mentioned in paragraph (b) of the subsection concerned,
is to be deemed to be so signed unless the contrary is proved.
(7) The following provisions of the Customs and Excise Management Act 1979 do not apply to proceedings in England and Wales or Northern Ireland for any offence under this Act—
(a) section 145 (which would require such proceedings to be instituted by order of the Secretary of State and certain such proceedings to be commenced in the name of an officer of his), and
(b) section 146A (which would impose time-limits for bringing such proceedings).
(1) Summary proceedings for an offence under this Act, except under section 44 or 45, may be instituted in Scotland by the Secretary of State.
(2) The Secretary of State may (despite the provisions of any enactment) institute proceedings by virtue of subsection (1) in any court of summary jurisdiction in Scotland.
(3) Summary proceedings in Scotland in respect of any offence under—
(a) section 29, 31A, 34 ,35A 37, 44 or 45, or
(b) regulations under this Act,
may not be commenced more than three years after the commission of the offence.
(4) Subject to that (and despite anything in section 136 of the Criminal Procedure (Scotland) Act 1995 (limitation of time for proceedings in statutory offences)), any such proceedings may be commenced—
(a) in the case of proceedings instituted by the procurator fiscal as a result of information supplied to him by the Secretary of State, at any time within six months from the date on which the information came to the knowledge of the Secretary of State, and
(b) in any other case, at any time within six months from the date on which evidence sufficient in the opinion of the person instituting the proceedings to justify the proceedings came to his knowledge;
and subsection (3) of that section applies for the purposes of this subsection as it applies for the purposes of that section.
(5) A certificate—
(a) stating the date on which information such as is mentioned in subsection (4)(a) came to the knowledge of the Secretary of State, and
(b) signed by or on behalf of the Secretary of State,
is conclusive evidence of that date.
(6) A certificate—
(a) stating the date on which evidence such as is mentioned in subsection (4)(b) came to the knowledge of the person instituting the proceedings, and
(b) signed by or on behalf of that person,
is conclusive evidence of that date.
(7) A certificate—
(a) including a statement such as is mentioned in paragraph (a) of subsection (5) or (6), and
(b) purporting to be signed as mentioned in paragraph (b) of the subsection concerned,
is to be deemed to be so signed unless the contrary is proved.
A person authorised by the Secretary of State for the purposes of this section may on behalf of the Secretary of State conduct and appear in any proceedings by or against the Secretary of State under this Act—
(a) in England and Wales, in a magistrates’ court or the county court,
(b) in Scotland, in any court other than the High Court of Justiciary or the Court of Session, and
(c) in Northern Ireland, in a court of summary jurisdiction or before a county court.
50 Time-limit for recovery of underpayments and overpayments.
No proceedings shall be brought—
(a) by the Secretary of State for the recovery of any underpayment of duty on a vehicle licence, or
(b) by any person for the recovery of any overpayment of duty on a vehicle licence taken out by him,
after the end of the period of twelve months beginning with the end of the period in respect of which the licence was taken out.
(1) This section applies where in any proceedings in England and Wales or Northern Ireland for an offence under section 29 , 34 or 43A—
(a) it is appropriately proved that there has been served on the accused by post a requirement under section 46(1) or (2) to give information as to the identity of—
(i) the driver of, or a person who used, a particular vehicle, or
(ii) the person who kept a particular vehicle on a road,
on the particular occasion on which the offence is alleged to have been committed, and
(b) a statement in writing is produced to the court purporting to be signed by the accused that he was—
(i) the driver of, or a person who used, that vehicle, or
(ii) the person who kept that vehicle on a road,
on that occasion.
(2) Where this section applies, the court may accept the statement as evidence that the accused was—
(a) the driver of, or a person who used, that vehicle, or
(b) the person who kept that vehicle on a road,
on that occasion.
(3) In subsection (1) “appropriately proved” means proved to the satisfaction of the court—
(a) on oath, or
(b) in the manner prescribed—
(i) in England and Wales, by Criminal Procedure Rules , or
(ii) in Northern Ireland, by magistrates’ courts rules, as defined by Article 2(3) of the Magistrates’ Courts (Northern Ireland) Order 1981.
(1) Subsection (2) applies in relation to any proceedings in England, Wales or Northern Ireland against a person for an offence on the grounds that—
(a) a vehicle has been sold or disposed of by, through or to him and he has failed to furnish particulars prescribed by regulations made by virtue of section 22(1)(d);
(b) a vehicle has been sold or disposed of by or through him and he has failed to furnish a document prescribed by regulations made by virtue of section 22(1)(dd); or
(c) he has surrendered, or not renewed, a vehicle licence, or is keeping an unlicensed vehicle, and has failed to furnish any particulars or make a declaration prescribed by regulations made by virtue of section 22(1D).
(2) If—
(a) it is appropriately proved that there has been served on the accused by post a requirement under section 46A to give information as to the identity of the person keeping the vehicle at a particular time, and
(b) a statement in writing is produced to the court purporting to be signed by the accused that he was keeping the vehicle at that time,
the court may accept the statement as evidence that the accused was keeping the vehicle at that time.
(3) In subsection (2) “appropriately proved” has the same meaning as in section 51.
(1) A statement to which this section applies is admissible in any proceedings as evidence (or, in Scotland, sufficient evidence) of any fact stated in it with respect to matters prescribed by regulations made by the Secretary of State to the same extent as oral evidence of that fact is admissible in the proceedings.
(2) This section applies to a statement contained in a document purporting to be—
(a) a part of the records maintained by the Secretary of State in connection with any functions exercisable by him under or by virtue of this Act,
(b) a copy of a document forming part of those records, or
(c) a note of any information contained in those records,
and to be authenticated by a person authorised to do so by the Secretary of State.
(3) In this section as it has effect in England and Wales—
“document” means anything in which information of any description is recorded;
“copy”, in relation to a document, means anything onto which information recorded in the document has been copied, by whatever means and whether directly or indirectly; and
“statement” means any representation of fact, however made.
(4) In this section as it has effect in Scotland, “document” and “statement” have the same meanings as in section 17(3) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1968, and the reference to a copy of a document shall be construed in accordance with section 17(4) of that Act.
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) Nothing in subsection (4) . . .limits to civil proceedings the references to proceedings in subsection (1).
Where in any proceedings for an offence under section 29, 31A, 34, 37 or 45 any question arises as to—
(a) the number of vehicles used,
(b) the character, weight or cylinder capacity of a vehicle,
(c) the seating capacity of a vehicle, or
(d) the purpose for which a vehicle has been used,
the burden of proof in respect of the matter lies on the accused.
(1) This section applies where, under section 12(5) of the Magistrates’ Courts Act 1980 or Article 24(2) of the Magistrates’ Courts (Northern Ireland) Order 1981, a person is convicted in his absence of an offence under section 29 or 35A and it is appropriately proved that a relevant notice was served on the accused with a summons
(2) In subsection (1) “appropriately proved” means—
(a) in England and Wales, proved to the satisfaction of the court—
(i) on oath, or
(ii) in the manner prescribed by Criminal Procedure Rules, and
(b) in Northern Ireland, proved to the satisfaction of the court—
(i) on oath,
(ii) by affidavit, or
(iii) in the manner prescribed by magistrates’ courts rules, as defined by Article 2(3) of the Magistrates’ Courts (Northern Ireland) Order 1981.
(2A) This section also applies if—
(a) a person is convicted of an offence under section 29 or 35A while being tried in accordance with section 16A of the Magistrates' Courts Act 1980 (trial by single justice on the papers), and
(b) it is proved to the satisfaction of the court, in the manner prescribed by Criminal Procedure Rules, that a relevant notice was served on the accused with the written charge.
(3) In this section “relevant notice”, in relation to an accused, means a notice stating that, in the event of his being convicted of the offence, it will be alleged that an order requiring him to pay an amount specified in the notice falls to be made by the court—
(a) if the offence is an offence under section 29, under section 30, or
(b) if the offence is an offence under section 35A, under section 36.
(4) Where this section applies, the court shall proceed under section 30, or section 36, as if the amount specified in the relevant notice were the amount calculated in accordance with that section.
(5) Where this section applies by virtue of subsection (1), the court shall not proceed as described in subsection (4) if it is stated in the notification purporting to be given by or on behalf of the accused under—
(a) section 12(4) of the Magistrates’ Courts Act 1980, or
(b) Article 24(2) of the Magistrates’ Courts (Northern Ireland) Order 1981,
that the amount specified in the relevant notice is inappropriate.
(6) Where this section applies by virtue of subsection (2A), the court shall not proceed as described in subsection (4) if the written notification served by the accused or the legal representative of the accused in accordance with the single justice procedure notice includes a statement that the amount specified in the relevant notice is inappropriate.
(7) In subsection (6) “single justice procedure notice” has the meaning given by section 29 of the Criminal Justice Act 2003.
(1) Any penalty recovered under or by virtue of this Act shall be paid into the Consolidated Fund.
(2) Section 151 of the Customs and Excise Management Act 1979 (application of penalties) does not apply to penalties recovered under or by virtue of this Act.
(3) Any fine imposed under or by virtue of this Act which (apart from this subsection) would not be paid into the Consolidated Fund shall be so paid.
(1) The Secretary of State may make regulations generally for the purpose of carrying into effect the provisions of this Act . . ..
(2) Regulations under this Act—
(a) may make different provision for different cases or circumstances, and
(b) may contain such incidental, consequential and supplemental provisions as the Secretary of State considers expedient for the purposes of the regulations.
(3) Regulations under this Act (other than regulations under section 26 or 27)—
(a) may make different provision for different parts of the United Kingdom, and
(b) may provide for exemptions from any provision of the regulations.
(4) Nothing in any other provision of this Act limits subsections (1) to (3).
(5) Regulations under sections 20(4), 22, 23(4) and (5), 24(1) to (3) and 28 may provide that any document for which provision is made by the regulations—
(a) is to be in such form, and
(b) is to contain such particulars,
as may be specified by a person prescribed by the regulations.
(6) Any power to make regulations under this Act is exercisable by statutory instrument.
(7) A statutory instrument containing regulations under this Act is subject to annulment in pursuance of a resolution of either House of Parliament.
(7A) Subsection (7) does not apply to a statutory instrument containing regulations under section 7A to which subsection (6) of that section applies.
(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .