- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (01/06/1994)
- Gwreiddiol (Fel y'i Deddfwyd)
Version Superseded: 01/09/1994
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There are currently no known outstanding effects for the Vehicles (Excise) Act 1971 (Repealed 1.9.1994), Section 22.
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(1)If any mark to be fixed F1. . . on a vehicle in accordance with section 19 F1. . . of this Act is not so fixed F1. . ., the person driving the vehicle, or, where the vehicle is not being driven, the person keeping the vehicle, shall be guilty of an offence:
Provided that it shall be a defence for a person charged under this subsection with failing to fix a mark on a vehicle to prove—
(a)that he had no reasonable opportunity of registering the vehicle under this Act and that the vehicle was being driven on a public road for the purpose of being so registered; or
(b)in a case where the charge relates to a vehicle to which [F2section 47 of the Road Traffic Act 1988 applies by virtue of subsection (2)(b) thereof (vehicles manufactured before the prescribed period and used before registration)], that he had no reasonable opportunity of so registering the vehicle and that the vehicle was being driven on a road for the purposes of or in connection with its examination under [F3section 45 of the said Act of 1988 (examination for test certificates) in circumstances in which its use is exempted from the said section 47(1) by regulations under section 47(6) thereof].
(2)If any mark fixed F4. . . on a vehicle as aforesaid is in any way obscured or rendered or allowed to become not easily distinguishable, the person driving the vehicle, or, where the vehicle is not being driven, the person keeping the vehicle, shall be guilty of an offence:
Provided that it shall be a defence for a person charged with such an offence to prove that he took all steps reasonably practicable to prevent the mark F4. . . being obscured or rendered not easily distinguishable.
(3)Any person guilty of an offence under this section shall be liable on summary conviction—
(a)if it is his first conviction of such an offence, to a fine not exceeding [£20][level three on the standard scale];
(b)in any other case, to a fine not exceeding £50.
[F5(4)In its application to Northern Ireland, subsection (1) above shall have effect as if for paragraph (b) of the proviso there were substituted the following paragraph—
“(b)in a case where the charge relates to a vehicle to which Article 34 of the Road Traffic (Northern Ireland) Order 1981 applies by virtue of paragraph (2)(b) thereof, that he had [F6no reasonable opportunity]] of so registering the vehicle and that the vehicle was being driven on a road for the purposes of or in connection with its examination under Article 33 of the said Order of 1981 in circumstances in which its use is exempted from paragraph (1) of the said Article 34 by regulations under paragraph (5) thereof.””
Extent Information
E1This version of this provision extends to England and Wales only; a separate version has been created for Scotland and Northern Ireland only.
Textual Amendments
F1Words in s. 22(1) repealed (3.5.1994) by 1994 c. 9, s. 258, Sch. 26 Pt. I(3)
F2Words substituted by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), s. 4, Sch. 3 para. 8(3)(a)
F3Words substituted by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), s. 4, Sch. 3 para. 8(3)(b)
F4Words in s. 22(2) repealed (3.5.1994) by 1994 c. 9, s. 258, Sch. 26 Pt. I(3)
F5S. 22(4) added (1.10.1991) by Finance Act 1991 (c. 31, SIF 107:2), s. 10, Sch. 3, Pt. I para. 11; S.I. 1991/2021, art. 2
F6Words in s. 22(4) (version of para. (b) of proviso to subsection (1)) substituted (3.5.1994) by 1994 c. 9, s. 5, Sch. 2 para. 10
Modifications etc. (not altering text)
C1Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 35 (in relation to liability on first and subsequent convictions), 38 (increase of fines) and 46 (substitution of references to levels on the standard scale) apply (E.W.) and (N.I.) by virtue of Finance Act 1991 (c. 31, SIF 107:2), s. 10(1) and S.I. 1984/703 (N.I. 3), arts. 5, 6, 9
(1)If any mark to be fixed F7. . . on a vehicle in accordance with section 19 F7. . . of this Act is not so fixed F7. . ., the person driving the vehicle, or, where the vehicle is not being driven, the person keeping the vehicle, shall be guilty of an offence:
Provided that it shall be a defence for a person charged under this subsection with failing to fix a mark on a vehicle to prove—
(a)that he had no reasonable opportunity of registering the vehicle under this Act and that the vehicle was being driven on a public road for the purpose of being so registered; or
(b)in a case where the charge relates to a vehicle to which [F8section 47 of the Road Traffic Act 1988 applies by virtue of subsection (2)(b) thereof (vehicles manufactured before the prescribed period and used before registration)], that he had no reasonable opportunity of so registering the vehicle and that the vehicle was being driven on a road for the purposes of or in connection with its examination under [F9section 45 of the said Act of 1988 (examination for test certificates) in circumstances in which its use is exempted from the said section 47(1) by regulations under section 47(6) thereof].
(2)If any mark fixed F10. . . on a vehicle as aforesaid is in any way obscured or rendered or allowed to become not easily distinguishable, the person driving the vehicle, or, where the vehicle is not being driven, the person keeping the vehicle, shall be guilty of an offence:
Provided that it shall be a defence for a person charged with such an offence to prove that he took all steps reasonably practicable to prevent the mark F10. . . being obscured or rendered not easily distinguishable.
(3)Any person guilty of an offence under this section shall be liable on summary conviction—
(a)if it is his first conviction of such an offence, to a fine not exceeding [F11level three on the standard scale];
(b)in any other case, to a fine not exceeding [F11level three on the standard scale].
[F12(4)In its application to Northern Ireland, subsection (1) above shall have effect as if for paragraph (b) of the proviso there were substituted the following paragraph—
”(b)in a case where the charge relates to a vehicle to which Article 34 of the Road Traffic (Northern Ireland) Order 1981 applies by virtue of paragraph (2)(b) thereof, that he had [F13no reasonable opportunity]] of so registering the vehicle and that the vehicle was being driven on a road for the purposes of or in connection with its examination under Article 33 of the said Order of 1981 in circumstances in which its use is exempted from paragraph (1) of the said Article 34 by regulations under paragraph (5) thereof.”
Extent Information
E2This version of this provision extends to Scotland and Northern Ireland only; a separate version has been created for England and Wales only.
Textual Amendments
F7Words in s. 22(1) repealed (3.5.1994) by 1994 c. 9, s. 258, Sch. 26 Pt. I(3)
F8Words substituted by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), s. 4, Sch. 3 para. 8(3)(a)
F9Words substituted by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), s. 4, Sch. 3 para. 8(3)(b)
F10Words in s. 22(2) repealed (3.5.1994) by 1994 c. 9, s. 258, Sch. 26 Pt. I(3)
F11Words in s. 22(3) substituted (S.) and (N.I.) by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289E–289G and Finance Act 1991 (c. 31, SIF 107:2), s. 10(1) and S.I. 1984/703 (N.I. 3), arts. 5, 6
F12S. 22(4) added (1.10.1991) by Finance Act 1991 (c. 31, SIF 107:2), s. 10, Sch. 3, Pt. I para. 11; S.I. 1991/2021, art. 2
F13Words in 22(4) (version of para. (b) of proviso to subsection (1)) substituted (3.5.1994) by 1994 c. 9, s. 5, Sch. 2 para. 10
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