The Trailer Registration Regulations 2018

PART 1 U.K. INTRODUCTION

Citation, commencement and application U.K.

1.—(1) These Regulations may be cited as the Trailer Registration Regulations 2018.

(2) This regulation and Schedule 1 come into force on the day after the day on which these Regulations are made and all other provisions come into force as prescribed in Schedule 1.

(3) These Regulations apply to the United Kingdom, except for paragraph 1 of Schedule 3, which applies to Great Britain.

Commencement Information

I1 Reg. 1 in force at 21.11.2018, see reg. 1(2)

Interpretation U.K.

2.—(1) In these Regulations—

“registered” means registered by the Secretary of State under these Regulations;

“the Convention” means the Convention on Road Traffic of 8th November 1968(1);

“the permissible maximum mass” means the weight which the trailer(2) is designed or adapted not to exceed when in normal use, travelling on a road(3) and laden;

“the register” means the register of trailers established and maintained by the Secretary of State; and

“the registered keeper” means the person recorded in the register as the person who keeps the trailer.

(2) With the exception of regulation 16(3), references to the use of a trailer on a road are to the use of a trailer on a road while it is being drawn by a motor vehicle.

Commencement Information

I2 Reg. 2 in force at 21.11.2018, see Sch. 1 para. 1(a)

Review U.K.

3.—(1) The Secretary of State must from time to time—

(a) carry out a review of the regulatory provision contained in these Regulations; and

(b) publish a report setting out the conclusions of the review.

(2) The first report must be published before the end of the period of five years beginning with the date on which these Regulations come into force for any purpose.

(3) Subsequent reports must be published at intervals not exceeding 5 years.

(4) Section 30(4) of the Small Business, Enterprise and Employment Act 2015(4) requires that a report published under this regulation must, in particular—

(a) set out the objectives intended to be achieved by the regulatory provision referred to in paragraph (1)(a);

(b) assess the extent to which those objectives are achieved;

(c) assess whether those objectives remain appropriate; and

(d) if those objectives remain appropriate, assess the extent to which they could be achieved in another way which involves less onerous regulatory provision.

(5) In this regulation, “regulatory provision” has the same meaning as in sections 28 to 32 of the Small Business, Enterprise and Employment Act 2015 (see section 32 of that Act).

Commencement Information

I3 Reg. 3 in force at 21.11.2018, see Sch. 1 para. 1(b)

PART 2 U.K. REGISTRATION AND INSPECTIONS

Applications for registration U.K.

4.—(1) A person may apply to the Secretary of State for the registration(5) of a trailer kept or used on a road if the permissible maximum mass is more than 750 kilograms.

(2) When making an application under paragraph (1), the applicant must provide—

(a) payment of the registration fee of £26.00;

(b) a declaration that the applicant is—

(i) the person who keeps the trailer; or

(ii) authorised by the person who keeps the trailer to make the application on their behalf;

(c) a declaration that the person who keeps the trailer is—

(i) resident in the United Kingdom;

(ii) a company formed and registered under the Companies Act 2006(6); or

(iii) a holder of a valid operator’s licence granted under section 4 of the Transport Act (Northern Ireland) 1967(7), section 14 of the Public Passenger Vehicles Act 1981(8), section 13 of the Goods Vehicles (Licensing of Operators) Act 1995(9) or section 12 of the Goods Vehicles (Licensing of Operators) Act (Northern Ireland) 2010(10);

and

(d) the following particulars—

(i) the name of the person who keeps the trailer;

(ii) the address within the United Kingdom of the person who keeps the trailer;

(iii) the manufacturer of the trailer;

(iv) the chassis number of the trailer;

(v) the permissible maximum mass; and

(vi) the unladen mass of the trailer.

(3) For the purposes of this regulation, a person is resident in the United Kingdom unless that person has lived outside the United Kingdom for at least 185 days in the previous calendar year.

(4) Subject to paragraph (7), the Secretary of State must accept any application under paragraph (1) that complies with paragraph (2) and—

(a) register the trailer; and

(b) record the particulars referred to in paragraph (2)(d) in the register.

(5) The Secretary of State may record such other technical or administrative information in relation to a registered trailer(11) as the Secretary of State sees fit.

(6) The Secretary of State must reject any application to register a trailer that is not made under paragraph (1) or not made in compliance with paragraph (2).

(7) If the Secretary of State has a reasonable belief that the information provided by the applicant is inaccurate or incomplete, the Secretary of State may—

(a) take action to determine its accuracy or completeness, including conducting an inspection of the trailer under regulation 13 or requesting documentation or information from the person who keeps the trailer or the applicant; or

(b) refuse to register the trailer.

Commencement Information

I4 Reg. 4 in force at 21.11.2018, see Sch. 1 para. 1(c)

Unregistered trailers in 1968 Convention territories U.K.

5.—(1) It is an offence for a person to keep or use a trailer on a road that is—

(a) being used on a journey that will involve, or has involved, entering a country outside the United Kingdom that is a contracting party to the Convention; and

(b) not registered.

(2) Paragraph (1) does not apply if—

(a) the trailer is kept by a person who is not—

(i) resident in the United Kingdom (as defined in regulation 4(3));

(ii) a company formed and registered under the Companies Act 2006; or

(iii) a holder of a valid operator’s licence granted under the provisions referred to in regulation 4(2)(c)(iii);

(b) the permissible maximum mass is 750 kilograms or less; or

(c) the permissible maximum mass is 3,500 kilograms or less and the trailer is not being used on that journey primarily—

(i) for the commercial transport of goods or passengers’ belongings, whether for hire or reward or any other purpose; or

(ii) in relation to another paid occupation.

(3) In any proceedings for this offence, it is a defence for the defendant to prove that they—

(a) were unaware and could not reasonably have been expected to be aware that the trailer would be so used; or

(b) held a reasonable belief that the trailer was registered at the time of the alleged offence.

Commencement Information

I5 Reg. 5 in force at 28.3.2019, see Sch. 1 para. 3(a)

Notice of registration U.K.

6.—(1) Upon registering a trailer, the Secretary of State must issue an electronic notice of registration (“the notice”) to the applicant as soon as practicable.

(2) In the notice, the Secretary of State must specify—

(a) the name of the registered keeper;

(b) the address of the registered keeper;

(c) the chassis number of the trailer; and

(d) the registration mark assigned to the trailer by the Secretary of State under regulation 15.

(3) The Secretary of State may include such other particulars in the notice relating to the registered keeper or the technical characteristics of the trailer as the Secretary of State sees fit.

(4) This regulation does not apply if the applicant, when making the registration application under regulation 4, did not provide supplementary information sufficient to enable the Secretary of State to contact the registered keeper electronically.

Commencement Information

I6 Reg. 6 in force at 21.11.2018, see Sch. 1 para. 1(d)

Registration documents U.K.

7.—(1) The Secretary of State must issue a registration document(12) to the registered keeper as soon as practicable after registering a trailer.

(2) The Secretary of State must send a registration document issued in accordance with paragraph (1) to the address of the registered keeper provided in pursuance of regulation 4(2)(d)(ii).

(3) The registration document must contain the particulars specified in regulation 4(2)(d) and be in such form, and contain any other particulars, as the Secretary of State sees fit.

(4) A registration document issued by the Secretary of State, including a registration document issued under regulation 9(5), is valid for 10 years beginning with the date of issue.

(5) The registered keeper or the user of a registered trailer must not use it on a road, or cause or permit it to be so used, on a journey that will involve, or has involved, entering a country outside the United Kingdom that is a contracting party to the Convention if the registration document has expired.

Commencement Information

I7 Reg. 7(1)-(4) in force at 21.11.2018, see Sch. 1 para. 1(e)

I8 Reg. 7(5) in force at 28.3.2019, see Sch. 1 para. 3(b)

Accuracy of the register and information U.K.

8.—(1) If the Secretary of State has a reasonable belief that any information recorded in the register or any information, notification or application provided, given or made to the Secretary of State in pursuance of regulation 8(2), 9(1), 9(3), 10(1) or 10(4) is inaccurate or incomplete, the Secretary of State may—

(a) take action to determine its accuracy or completeness, including conducting an inspection of the trailer under regulation 13 or requesting documentation or information from the registered keeper or the person who has made the application or notification;

(b) refuse to record any provided particulars in the register;

(c) require the registered keeper to destroy, or surrender to the Secretary of State, any registration documents;

(d) refuse to issue a registration document, including a replacement or renewed registration document; or

(e) withdraw a registration mark assigned to the trailer by the Secretary of State under regulation 15.

(2) The registered keeper must notify the Secretary of State if any of the particulars recorded in the register or shown on a registration document are inaccurate.

(3) A notification made under paragraph (2) must include the information necessary to correct any inaccuracies.

(4) Subject to paragraph (1), and following receipt of a notification under paragraph (2), the Secretary of State must—

(a) record any amended particulars in the register as soon as practicable; and

(b) issue a replacement registration document as soon as practicable if any of the amended particulars are shown on the registration document.

(5) Following the issuing of a replacement registration document in accordance with paragraph (4)(b)—

(a) the Secretary of State must send the replacement registration document to the address of the registered keeper; and

(b) the registered keeper must destroy, or surrender to the Secretary of State, any other registration document for the same trailer if required to do so by the Secretary of State.

Commencement Information

I9 Reg. 8(1)(a)(b)(d)(e) in force at 21.11.2018, see Sch. 1 para. 1(f)

I10 Reg. 8(1)(c), (2)-(5) in force at 11.12.2018, see Sch. 1 para. 2(a)

Replacement and renewal of registration documents U.K.

9.—(1) The registered keeper must notify the Secretary of State if—

(a) the registration document has been destroyed, lost or stolen; or

(b) any of the particulars shown on the registration document have become illegible.

(2) A notification under paragraph (1) must be accompanied by payment of £10.00 and the Secretary of State may refuse to issue a replacement registration document if such payment is not made.

(3) The registered keeper may apply to the Secretary of State to renew a registration document up to one calendar year before the expiry of an existing registration document or at any time after its expiry.

(4) When making an application under paragraph (3), the registered keeper must provide all of the particulars specified in regulation 4(2)(d) to the Secretary of State.

(5) Subject to regulation 8(1) and following receipt of a notification or application in accordance with this regulation, the Secretary of State must—

(a) record any amended particulars in the register as soon as practicable; and

(b) issue a replacement or renewed registration document, as appropriate, as soon as practicable.

(6) Following the issuing of a replacement or renewed registration document in accordance with paragraph (5)(b)—

(a) the Secretary of State must send the replacement or renewed registration document to the address of the registered keeper; and

(b) the registered keeper must destroy, or surrender to the Secretary of State, any other registration document for the same trailer if required to do so by the Secretary of State.

Commencement Information

I11 Reg. 9 in force at 11.12.2018, see Sch. 1 para. 2(b)

Disposals of trailers and new keepers U.K.

10.—(1) Following the disposal of a registered trailer by the registered keeper, the registered keeper must—

(a) notify the Secretary of State of the disposal; and

(b) destroy, or surrender to the Secretary of State, its registration document if required to do so by the Secretary of State.

(2) A notification made under paragraph (1)(a) must—

(a) specify the date of the disposal of the registered trailer; and

(b) if applicable, specify the name and address of the person to whom the registered trailer has been supplied (“the new keeper”).

(3) Subject to regulation 8(1) and following receipt of a notification under paragraph (1), the Secretary of State must record in the register that the registered keeper has disposed of the trailer and is no longer the registered keeper.

(4) The new keeper, or a person authorised by the new keeper to act on their behalf, may apply to the Secretary of State for the new keeper to become the registered keeper.

(5) A person making an application under paragraph (4) must—

(a) provide the declarations and particulars specified in regulation 4(2)(b), (c) and (d); and

(b) pay a fee of £21.00 to the Secretary of State for the issue of a registration document.

(6) Subject to regulation 8(1), the Secretary of State must accept any application under paragraph (4) that complies with paragraph (5) and—

(a) record the particulars referred to in regulation 4(2)(d) in the register; and

(b) send a registration document to the address of the registered keeper, provided in pursuance of paragraph (5)(a), as soon as practicable.

(7) The Secretary of State must reject any application to record a person in the register as the keeper of a registered trailer that is not made under paragraph (4) or not in compliance with paragraph (5).

Commencement Information

I12 Reg. 10 in force at 11.12.2018, see Sch. 1 para. 2(c)

Provision of information, etc., to the Secretary of State U.K.

11.—(1) Any application, notification, information, particulars, declaration or other thing given or made to the Secretary of State in pursuance of these Regulations must be given or made via a digital service provided by (or on behalf of) the Secretary of State.

(2) Paragraph (1) does not apply in relation to—

(a) the making of declarations in accordance with regulation 4(2)(b) and (c) and the giving of particulars in accordance with regulation 4(2)(d) via a telephone service provided by (or on behalf of) the Secretary of State;

(b) a request by the Secretary of State under regulation 4(7) or 8(1) for documentation or information;

(c) a requirement under regulation 8(1)(c), 8(5)(b), 9(6)(b), 10(1)(b) or 14(3) to surrender a registration document;

(d) the provision of information to the Secretary of State by an examiner under regulation 14(1) or (2); or

(e) a requirement under regulation 24 to provide information in relation to an offence.

Commencement Information

I13 Reg. 11 in force at 21.11.2018, see Sch. 1 para. 1(g)

Production of registration documents U.K.

12.—(1) The registered keeper or the user of a registered trailer must produce the registration document for that trailer for inspection if required to do so by an examiner or stopping officer(13) carrying out any function under any enactment in relation to the same trailer or the motor vehicle(14) that is drawing it.

(2) If a registration document is produced in accordance with paragraph (1), it is immaterial whether or not that document has expired in accordance with regulation 7(4).

(3) A failure to produce a registration document when required to do so under paragraph (1) is not an offence under regulation 19(1)(f) if a person is not recorded in the register as the person who keeps the trailer at the time when the requirement is made.

Commencement Information

I14 Reg. 12 in force at 28.3.2019, see Sch. 1 para. 3(c)

Inspections of trailers U.K.

13.—(1) When an examiner is carrying out any function under any enactment in relation to a trailer or the motor vehicle that is drawing it, the examiner may inspect that trailer to determine—

(a) whether it is registered; and

(b) the accuracy of any particulars recorded in the register or shown on a registration document.

(2) The Secretary of State may require a trailer to be inspected by an examiner if the Secretary of State has a reasonable belief that information provided to the Secretary of State in pursuance of these Regulations or recorded in the register is inaccurate or incomplete.

(3) If the Secretary of State determines that an inspection under paragraph (2) is required, the Secretary of State must—

(a) specify the time, date and place of the inspection; and

(b) notify the person who keeps the trailer or the registered keeper of the time, date and place of the inspection at least 72 hours before the inspection.

(4) An inspection under paragraph (2) may only take place—

(a) with the consent of the person who keeps the trailer;

(b) during normal working hours; and

(c) for a trailer kept in—

(i) Great Britain, at a vehicle testing station provided by the Secretary of State under section 52(2)(a) of the Road Traffic Act 1988(15) or a premises designated for testing under section 52(2)(b) of that Act; or

(ii) Northern Ireland, at a vehicle testing centre provided by the Department for Infrastructure under article 73 of the Road Traffic (Northern Ireland) Order 1995(16).

Commencement Information

I15 Reg. 13 in force at 21.11.2018, see Sch. 1 para. 1(h)

Outcomes of inspections U.K.

14.—(1) If any particulars recorded in the register or shown on a registration document are found to be inaccurate or incomplete during an inspection under regulation 13(1), the examiner must record these findings and provide this record to the Secretary of State.

(2) The examiner must record the findings of an inspection under regulation 13(2) and provide this record to the Secretary of State.

(3) The Secretary of State may refuse to register a trailer, require the registered keeper to destroy, or surrender to the Secretary of State, any registration documents or withdraw a registration mark assigned to the trailer by the Secretary of State under regulation 15, as appropriate, if—

(a) any of the trailer’s particulars specified in regulation 4(2)(d)(iii) to (vi) are determined as a result of an inspection under regulation 13(1) or (2) to differ from those recorded in the register or provided to the Secretary of State under these Regulations; or

(b) a trailer is not made available for an inspection under regulation 13(2) at the time and place specified under regulation 13(3).

(4) A person who keeps a trailer or the registered keeper may request a further inspection of that trailer if the Secretary of State has taken action in relation to it under paragraph (3) and any such request must be accompanied by payment of £39.00 to the Secretary of State for the further inspection.

(5) The fee payable to the Secretary of State in accordance with paragraph (4) must be repaid in full by the Secretary of State to the person who keeps the trailer or the registered keeper if—

(a) the examiner conducting a further inspection determines that the findings of a previous inspection were in error; and

(b) the Secretary of State is satisfied that the action taken under paragraph (3) would not have been taken but for that error.

Commencement Information

I16 Reg. 14(1)(2)(4)(5) in force at 21.11.2018, see Sch. 1 para. 1(i)

I17 Reg. 14(3) in force at 21.11.2018 for specified purposes, see Sch. 1 para. 1(i)

I18 Reg. 14(3) in force at 11.12.2018 in so far as not already in force, see Sch. 1 para. 2(d)

PART 3 U.K. REGISTRATION MARKS AND PLATES

Assigning of registration marks U.K.

15.—(1) The Secretary of State, upon registering a trailer, must as soon as practicable assign a registration mark of one letter followed by seven numbers to the trailer.

(2) The Secretary of State may—

(a) assign a registration mark to a trailer to which another registration mark has previously been assigned;

(b) withdraw a registration mark for the time being assigned to a trailer; or

(c) re-assign to a trailer a registration mark previously assigned to it but subsequently withdrawn.

Commencement Information

I19 Reg. 15 in force at 21.11.2018, see Sch. 1 para. 1(j)

Display of registration marks U.K.

16.—(1) The registered keeper or the user of a registered trailer must not use it on a road, or cause or permit it to be so used, unless a registration plate(17) (displaying its assigned registration mark) is fixed on the trailer in compliance with this regulation.

(2) A registration plate is fixed on a trailer in compliance with this regulation only if—

(a) the specification of the registration mark displayed upon it is in accordance with paragraph 1 of Schedule 2;

(b) the specification of the registration plate is in accordance with paragraph 2 of Schedule 2; and

(c) the registration plate is fixed to the trailer in accordance with regulation 17.

(3) A person who keeps a trailer or a user of a trailer must not use it on a road, or cause or permit it to be so used, with a plate fixed on the trailer that displays a mark which is—

(a) consistent with the specification of a registration mark in paragraph 1 of Schedule 2; and

(b) not assigned to that trailer by the Secretary of State under regulation 15.

(4) Paragraphs (1) and (2) do not apply in relation to a registered trailer if a person is not recorded in the register as the person who keeps the trailer at the time of an alleged offence under regulation 19(1)(g).

Commencement Information

I20 Reg. 16(1)(2)(4) in force at 28.3.2019, see Sch. 1 para. 3(d)

I21 Reg. 16(3) in force at 11.12.2018, see Sch. 1 para. 2(e)

Fixing of registration plates U.K.

17.—(1) Subject to paragraph (2), the registration plate must be fixed—

(a) on the rear of the trailer;

(b) vertically or, where that is not reasonably practicable, in a position as close to the vertical as is reasonably practicable;

(c) in a position that is as far as reasonably practicable from the position of any plate that is required to be fixed to the trailer by the Road Vehicles (Display of Registration Marks) Regulations 2001(18); and

(d) in such a position that in normal daylight the characters of the registration mark are easily distinguishable from behind the trailer.

(2) If it is not possible to fix a registration plate on the rear of the trailer, a registration plate must be fixed to both sides of the trailer and in such positions that in normal daylight the characters of the registration mark are easily distinguishable from either side of the trailer.

(3) The registration plate must not be fixed to the trailer by means of a screw, bolt or other fixing device of any type or colour placed in any position or in any other manner which—

(a) has the effect of changing the appearance or legibility of any of the characters of the registration mark;

(b) renders the characters of the registration mark less easily distinguishable to the eye; or

(c) prevents or impairs the making of a true photographic image of the plate through any device.

Commencement Information

I22 Reg. 17 in force at 28.3.2019, see Sch. 1 para. 3(e)

Amendments relating to registration plates U.K.

18.  The amendments in Schedule 3 have effect.

Commencement Information

I23 Reg. 18 in force at 21.11.2018, see Sch. 1 para. 1(k)

PART 4 U.K. OFFENCES AND LEGAL PROCEEDINGS

Breaches of specified regulations U.K.

19.—(1) It is an offence for a person to contravene or fail to comply with—

(a) regulation 7(5) (prohibition on using an expired registration document on a journey to or through a Convention territory);

(b) regulation 8(5)(b), 9(6)(b) or 10(1)(b) or a requirement made under regulation 8(1)(c) or 14(3) (duty to destroy or surrender a registration document if required);

(c) regulation 8(2) (duty to notify the Secretary of State of inaccuracies);

(d) regulation 9(1) (duty to notify the Secretary of State in relation to registration documents);

(e) regulation 10(1)(a) (duty to notify the Secretary of State of the disposal of a trailer);

(f) regulation 12(1) (duty to produce a registration document if required);

(g) regulation 16(1) (duty to fix a registration plate on a registered trailer); or

(h) regulation 16(3) (prohibition on displaying an unassigned registration mark on a trailer).

(2) In any proceedings for an offence of contravening or failing to comply with—

(a) regulation 7(5), 16(1) or 16(3), it is a defence for the defendant to prove that they were unaware and could not reasonably have been expected to be aware that the trailer would be so used;

(b) regulation 7(5), it is a defence for the defendant to prove that they held a reasonable belief that the registration document for the trailer was valid at the time of the alleged offence;

(c) regulation 8(5)(b), 9(6)(b) or 10(1)(b) or a requirement made under regulation 8(1)(c) or 14(3), it is a defence for the defendant to prove that the registration document was not in their control at the time when they became aware of the requirement to destroy or surrender it or at any later time;

(d) regulation 8(2), 9(1) or 10(1)(a), it is a defence for the defendant to prove that there was no reasonable opportunity, before the time of the alleged offence, to make the required notification to the Secretary of State;

(e) regulation 8(2), it is a defence for the defendant to prove that there were reasonable grounds for believing, or that it was reasonable to expect, that the particulars recorded in the register or shown on the registration document were accurate;

(f) regulation 12(1) or 16(1), it is a defence for the defendant to prove that there were reasonable grounds for believing, or that it was reasonable to expect, that the trailer was not registered; or

(g) regulation 16(3), it is a defence for the defendant to prove that there were reasonable grounds for believing, or that it was reasonable to expect, that the mark displayed on the fixed plate was assigned to the trailer at the time of the alleged offence.

Commencement Information

I24 Reg. 19(1)(a)(f)(g) (2)(b)(f) in force at 28.3.2019, see Sch. 1 para. 3(f)

I25 Reg. 19(1)(b)-(e)(h) (2)(a)(c)-(e)(g) in force at 11.12.2018, see Sch. 1 para. 2(f)

Incorrectly registered trailers U.K.

20.—(1) It is an offence for a person to keep or use a registered trailer on a road that is incorrectly registered.

(2) In this regulation, a trailer is incorrectly registered if—

(a) the register does not include all of the applicable information relating to the trailer that is specified in regulation 4(2)(d); or

(b) the information relating to the trailer that is included in the register includes any incorrect information.

(3) In any proceedings for this offence, it is a defence for the defendant to prove that there—

(a) was no reasonable opportunity, before the time of the alleged offence, to provide information to the Secretary of State for the purpose of correcting the register; or

(b) were reasonable grounds for believing, or that it was reasonable to expect, that the trailer was—

(i) correctly registered; or

(ii) not registered.

(4) Subject to paragraph (5), this regulation does not apply in relation to a registered trailer if a person is not recorded in the register as the person who keeps the trailer at the time of the alleged offence.

(5) Paragraph (4) does not apply if, at the time of the alleged offence, the trailer is being used on a journey that will involve, or has involved, entering a country outside the United Kingdom that is a contracting party to the Convention.

(6) If paragraph (4) does not apply due to paragraph (5), it is also a defence in proceedings for this offence for the defendant to prove that—

(a) they were unaware and could not reasonably have been expected to be aware that the trailer would be so used; or

(b) they held a reasonable belief that a person was recorded in the register as the person who keeps the trailer at the time of the alleged offence.

Commencement Information

I26 Reg. 20 in force at 28.3.2019, see Sch. 1 para. 3(g)

Obscuring of registration marks U.K.

21.—(1) It is an offence for a person to keep or use a registered trailer on a road if the registration mark is—

(a) in any way obscured; or

(b) caused or allowed to become not easily distinguishable.

(2) In any proceedings for this offence, it is a defence for the defendant to prove that they took all reasonable steps to prevent the mark being obscured or becoming not easily distinguishable.

(3) This regulation does not apply in relation to a registered trailer if a person is not recorded in the register as the person who keeps the trailer at the time of the alleged offence.

Commencement Information

I27 Reg. 21 in force at 28.3.2019, see Sch. 1 para. 3(h)

Obstruction of, or pretending to be, a person entitled to carry out an inspection U.K.

22.  It is an offence for a person to—

(a) wilfully obstruct a person carrying out an inspection of a trailer under regulation 13; or

(b) pretend, with intent to deceive, to be a person entitled to carry out an inspection of a trailer under regulation 13.

Commencement Information

I28 Reg. 22 in force at 11.12.2018, see Sch. 1 para. 2(g)

False or misleading information, documents or declarations U.K.

23.  It is an offence for a person to make a declaration, provide information or produce a document which is knowingly false or, in any material respect, knowingly misleading in relation to any notice, application or provision of information to the Secretary of State in pursuance of these Regulations.

Commencement Information

I29 Reg. 23 in force at 11.12.2018, see Sch. 1 para. 2(h)

Duty to provide information in relation to a suspected person U.K.

24.—(1) If a person is suspected of committing an offence under regulation 5(1), 19(1)(g), 19(1)(h), 20(1) or 21(1), the relevant authority may require a person to—

(a) identify the suspected person; or

(b) provide any information which it is in the person’s power to give that may lead to the identification of the suspected person.

(2) A requirement under paragraph (1) must be made by written notice served by post which specifies the form and manner of the required response.

(3) In this regulation “relevant authority” means—

(a) a chief officer of police or, in Northern Ireland, the Chief Constable of the Police Service of Northern Ireland; or

(b) the Secretary of State.

(4) It is an offence for a person to fail to identify a suspected person or provide information which it is in their power to give that may lead to the identification of a suspected person—

(a) in the form and manner specified by the relevant authority in the written notice; and

(b) within 28 days of service of the written notice.

(5) In any proceedings for an offence under paragraph (4), it is a defence for the defendant to prove that—

(a) they did not know, and could not with reasonable diligence have ascertained, the identity of the suspected person; or

(b) the information was given as soon as reasonably practicable after the end of the period specified in paragraph (4)(b) or that it was not reasonably practicable for it to be given.

Commencement Information

I30 Reg. 24 in force at 28.3.2019, see Sch. 1 para. 3(i)

Penalties U.K.

25.  A person who commits any offence under these Regulations is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Commencement Information

I31 Reg. 25 in force at 11.12.2018, see Sch. 1 para. 2(i)

Admissions U.K.

26.—(1) This regulation applies if it is proved to the satisfaction of a court that—

(a) a notice has been served in accordance with regulation 24(2) on a person in relation to an offence specified in regulation 24(1); and

(b) a statement in writing is produced to the court, purporting to be signed by the accused, containing an admission that the accused was the person who kept the trailer or the user of the trailer at the time of the alleged offence.

(2) Where this regulation applies, the court may accept such a statement as evidence (or, in Scotland, sufficient evidence) that the accused was the person who kept the trailer or the user of the trailer (as appropriate) at the time of the alleged offence.

Commencement Information

I32 Reg. 26 in force at 28.3.2019, see Sch. 1 para. 3(j)

Records U.K.

27.—(1) A record(19) to which this regulation applies is admissible in any proceedings as evidence (or, in Scotland, sufficient evidence) of any fact stated in it to the same extent as oral evidence of that fact is admissible in those proceedings, subject to paragraph (3).

(2) This regulation applies to a record maintained by the Secretary of State in connection with the Secretary of State’s functions under these Regulations.

(3) A record is not admissible in accordance with this regulation unless the Secretary of State has authenticated it by providing a statement with the record that confirms it is or was held by the Secretary of State.

Commencement Information

I33 Reg. 27 in force at 11.12.2018, see Sch. 1 para. 2(j)

Signed by authority of the Secretary of State for Transport

Jesse Norman

Minister of State

Department for Transport