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PART V E+W+S Miscellaneous and Supplementary

Provisions relating to offences and legal proceedingsE+W+S

65 Forgery and misuse of documents etc. E+W+S

(1)This section applies to the following documents and other things, namely—

(a)a licence under Part II . . . F1 of this Act;

(b)a certificate of initial fitness under section 6 of this Act;

[F2(bb)a notice removing a prohibition under section 9 of this Act;]

(c)a certificate under section 10 of this Act that a vehicle conforms to a type vehicle;

(d)an operator’s disc under section 18 of this Act;

(e)a certificate under section 21 of this Act as to the repute, financial standing or professional competence of any person;

F3(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)A person who, with intent to deceive—

(a)forges or alters, or uses or lends to, or allows to be used by, any other person, a document or other thing to which this section applies, or

(b)makes or has in his possession any document or other thing so closely resembling a document or other thing to which this section applies as to be calculated to deceive,

shall be liable—

(i)on conviction on indictment, to imprisonment for a term not exceeding two years;

(ii)on summary conviction, to a fine not exceeding the statutory maximum.

(3)In the application of this section to England and Wales—

(4)In the application of this section to Scotland—

“statutory maximum” means the prescribed sum within the meaning of section 289B of the M2Criminal Procedure (Scotland) Act 1975 (at the passing of this Act £1,000).

Textual Amendments

Modifications etc. (not altering text)

C2S. 65(1)(a) extended by S.I. 1984/748, reg. 21

Marginal Citations

66 False statements to obtain licence etc. E+W+S

A person who knowingly makes a false statement for the purpose of—

(a)obtaining the grant of a licence under Part II . . . F5 of this Act to himself or any other person, obtaining the variation of any such licence, preventing the grant or variation of any such licence or procuring the imposition of a condition or limitation in relation to any such licence;

(b)obtaining the issue of a certificate of initial fitness under section 6 of this Act;

(c)obtaining the issue of a certificate under section 10 of this Act that a vehicle conforms to a type vehicle;

(d)obtaining the issue of an operator’s disc under section 18 of this Act; or

(e)obtaining the issue of a certificate under section 21 of this Act as to the repute, financial standing or professional competence of any person;

shall be liable on summary conviction to a fine not exceeding [F6level 4 on the standard scale].

Textual Amendments

Modifications etc. (not altering text)

C4S. 66(a) extended by S.I. 1984/748, reg. 21

Prospective

[F766A Issue of false documents.E+W+S

(1)If a person issues

(a)a certificate of initial fitness under section 6 of this Act; [F8or

(b)a notice removing a prohibition under section 9(1) of this Act;]]

which he knows to be false in a material particular, he shall be liable on summary conviction to a fine not exceeding [F9level 4 on the standard scale].

(2)If a constable, [F10an examiner appointed under section 66A of the Road Traffic Act 1988] or an authorised inspector has reasonable cause to believe that a document produced to him or carried on a vehicle by its driver is a document in relation to which an offence has been committed under this section, he may seize the document.

(3)The power to seize a document under subsection (2) above includes power to detach a document carried on a vehicle from the vehicle.

Textual Amendments

F8S. 66A(1)(b) and the word "or" directly preceding it repealed (prosp.) by Road Traffic Act 1991 (c. 40, SIF 107:1), ss. 83, 84, Sch. 8

67 Penalty for breach of regulations. E+W+S

Subject to section 68(1) of this Act, if a person acts in contravention of, or fails to comply with, any regulations made by the Secretary of State under this Act ( . . . F11) and contravention thereof, or failure to comply therewith, is not made an offence under any other provision of this Act, he shall for each offence be liable on summary conviction to a fine not exceeding [F12level 2 on the standard scale].

Textual Amendments

Modifications etc. (not altering text)

68 Defences available to persons charged with certain offences.E+W+S

(1)It shall be a defence for a person charged with an offence under any of the provisions of this Act mentioned in subsection (2) below to prove that there was a reasonable excuse for the act or omission in respect of which he is charged.

(2)The provisions referred to in subsection (1) above are—

(a)sections 19(5), 20(4), 24(2) and (3), 25(3), 26(2), . . . F13, 67 and 70(3); F14. . .

F15(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)It shall be a defence for a person charged with an offence under any of the provisions of this Act mentioned in subsection (4) below to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of any offence under that provision.

(4)The provisions referred to in subsection (3) above are—

(a)sections 6(2), F16. . ., 12(5), 16(7), 18(4), 26(2), [F17and 27(2)]; F18. . .

F19(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F13 “33(7), 40(6)” repealed by Transport Act 1985 (c. 67, SIF 126), s. 139(3), Sch. 8

F16S. 68(4): reference to s. 9(9)(b) repealed (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 83, Sch. 8; S.I. 1992/1286, art. 2, Sch.,Appendix

Modifications etc. (not altering text)

69 Restriction on institution in England and Wales of proceedings under Part II or III. E+W+S

(1)Subject to the provisions of this section proceedings for an offence under Part II . . . F20 of this Act shall not, in England or Wales, be instituted except by or on behalf of the Director of Public Prosecutions or by a person authorised in that behalf by [F21a traffic commissioner], a chief officer of police, or the council of a county or district.

(2)Subsection (1) above shall not apply to proceedings for the breach of regulations having effect by virtue of section 25 or 26 of this Act.

(3)Subsection (1) above shall not prevent the institution by or on behalf of the Secretary of State of proceedings for an offence under section 27 of this Act.

Textual Amendments

Modifications etc. (not altering text)

70 Duty to give information as to identity of driver in certain cases. E+W+S

(1)Where the driver of a vehicle is alleged to be guilty of an offence under Part II . . . F22 of this Act—

(a)the person keeping the vehicle shall give such information as to the identity of the driver as he may be required to give by or on behalf of a chief officer of police, and

(b)any other person shall if required as aforesaid give any information which it is in his power to give and may lead to the identification of the driver.

(2)A person who fails to comply with the requirement of paragraph (a) of subsection (1) above shall, unless he shows to the satisfaction of the court that he did not know and could not with reasonable diligence ascertain who the driver of the vehicle was, be liable on summary conviction to a fine not exceeding [F23level 3 on the standard scale].

(3)Subject to section 68(1) of this Act, a person who fails to comply with the requirement of paragraph (b) of subsection (1) above shall be liable on summary conviction to a fine not exceeding [F23level 3 on the standard scale].

Textual Amendments

Modifications etc. (not altering text)

71 Evidence by certificate. E+W+S

(1)In any proceedings in England or Wales for an offence under Part II . . . F24 of this Act a certificate in the prescribed form, purporting to be signed by a constable and certifying that the person specified in the certificate stated to the constable—

(a)that a particular motor vehicle was being driven or used by, or belonged to, that person on a particular occasion; or

(b)that a particular motor vehicle on a particular occasion was used by or belonged to a firm in which that person also stated that he was at the time of the statement a partner; or

(c)that a particular motor vehicle on a particular occasion was used by or belonged to a company of which that person also stated that he was at the time of the statement a director, officer or employee,

shall be admissible as evidence for the purpose of determining by whom the vehicle was being driven or used or to whom it belonged, as the case may be, on that occasion.

(2)Nothing in subsection (1) above shall be deemed to make a certificate admissible as evidence in proceedings for an offence except in a case where and to the like extent to which oral evidence to the like effect would have been admissible in those proceedings.

(3)Nothing in subsection (1) above shall be deemed to make a certificate admissible as evidence in proceedings for an offence—

(a)unless a copy thereof has, not less than seven days before the hearing or trial, been served in the prescribed manner on the person charged with the offence; or

(b)if that person, not later than three days before the hearing or trial or within such further time as the court may in special circumstances allow, serves a notice in the prescribed form and manner on the prosecutor requiring attendance at the trial of the person who signed the certificate.

(4)In this section “prescribed” means prescribed by rules made by the Secretary of State by statutory instrument.

Textual Amendments

Modifications etc. (not altering text)

72 Proof in summary proceedings of identity of driver of vehicle. E+W+S

Where on a summary trial in England or Wales of an information for an offence under Part II . . . F25 of this Act—

(a)it is proved to the satisfaction of the court, on oath or in a manner prescribed by rules made under section 15 of the Justices of the M3Peace Act 1949, that a requirement under subsection (1) of section 70 of this Act to give information as to the identity of the driver of a particular vehicle on the particular occasion to which the information relates has been served on the accused by post; and

(b)a statement in writing is produced to the court purporting to be signed by the accused that the accused was the driver of that vehicle on that occasion,

the court may accept that statement as evidence that the accused was the driver of that vehicle on that occasion.

Textual Amendments

Modifications etc. (not altering text)

Marginal Citations

73 Time within which summary proceedings for certain offences may be commenced.E+W+S

Summary proceedings for an offence under section 65 or 66 of this Act may be brought within a period of six months from the date on which evidence sufficient in the opinion of the prosecutor to warrant the proceedings came to his knowledge; but no such proceedings shall be brought by virtue of this section more than three years after the commission of the offence.

For the purposes of this section a certificate signed by or on behalf of the prosecutor and stating the date on which such evidence as aforesaid came to his knowledge shall be conclusive evidence of that fact; and a certificate stating that matter and purporting to be so signed shall be deemed to be so signed unless the contrary is proved.

74 Offences by companies. E+W+S

(1)Where an offence under Part II . . . F26 of this Act committed by a company is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the company, or any person who was purporting to act in any such capacity, he, as well as the company, shall be guilty of that offence and be liable to be proceeded against and punished accordingly.

(2)Where the affairs of a company are managed by its members, subsection (1) above shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the company.

Textual Amendments

Modifications etc. (not altering text)

75 Destination of fines. E+W+S

There shall be paid into the Consolidated Fund all fines imposed in respect of offences committed in Scotland under the foregoing provisions of this Act or the regulations thereunder, except offences under section 26(2).

Modifications etc. (not altering text)