Goods Vehicles (Licensing of Operators) Act 1995 (c. 23)

Forgery, false statements, etc. E+W+S

38 Forgery of documents, etc. E+W+S

(1) A person is guilty of an offence if, with intent to deceive, he—

(a) forges, alters or uses a document or other thing to which this section applies;

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

(c) 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.

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

(a) any operator’s licence;

(b) any document, plate, mark or other thing by which, in pursuance of regulations, a vehicle is to be identified as being authorised to be used, or as being used, under an operator’s licence;

(c) any document evidencing the authorisation of any person for the purposes of sections 40 and 41;

(d) any certificate of qualification under section 49; and

(e) any certificate or diploma such as is mentioned in paragraph 13(1) [F1 or (1A)] of Schedule 3.

(3) A person guilty of an offence under subsection (1) is liable—

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

(b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.

(4) In the application of subsection (1) to England and Wales, “forges” means makes a false document or other thing in order that it may be used as genuine.

Textual Amendments

F1 Words in s. 38(2)(e) inserted (4.12.2011) by The Road Transport Operator Regulations 2011 (S.I. 2011/2632), reg. 1(1), Sch. 2 para. 12 (with Sch. 3 Pt. 2)

39 False statements. E+W+S

(1) A person is guilty of an offence if he knowingly makes a false statement for the purpose of—

(a) obtaining the issue to himself or any other person of an operator’s licence;

(b) obtaining the variation of any such licence;

(c) preventing the issue or variation of any such licence;

(d) procuring the imposition of a condition or limitation in relation to any such licence; or

(e) obtaining the issue to himself or any other person of a certificate of qualification under section 49 or a certificate or diploma such as is mentioned in paragraph 13(1) [F2 or (1A)] of Schedule 3.

(2) A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

Textual Amendments

F2 Words in s. 39(1)(e) inserted (4.12.2011) by The Road Transport Operator Regulations 2011 (S.I. 2011/2632), reg. 1(1), Sch. 2 para. 13 (with Sch. 3 Pt. 2)