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Vehicles (Excise) Act 1971

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This is the original version (as it was originally enacted).

22Failure to fix, and obscuration of, marks and signs

(1)If any mark to be fixed or sign to be exhibited on a vehicle in accordance with section 19 or 21 of this Act is not so fixed or exhibited, 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 section 4(1) of the [1967 c. 70.] Road Traffic (Amendment) Act 1967 applies (vehicles manufactured before beginning of prescribed period to which section 4(1) extends the provisions of section 66 of the [1960 c. 16.] Road Traffic Act 1960 prohibiting the use on roads of certain vehicles without a test certificate), 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 section 65 of the said Act of 1960 (examination for test certificates) in circumstances in which its use is exempted from the said section 66(1) by regulations under section 66(4) thereof.

(2)If any mark fixed or sign exhibited 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 or sign 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;

(b)in any other case, to a fine not exceeding £50.

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