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September 2006 Chapter Updates

Chapter 9 - Traffic: General Provisions

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Police Law - Ninth Edition

Chapter 9 - Traffic: General Provisions

Offences in respect of incorrectly registered vehicles p 301

This is a new heading to follow 'Notification of other changes'

SOCPA 2005, s 150 introduced a new s 43C into VERA 1994 which creates the offence of using a vehicle on a public road or in a public place in respect of which excise duty is chargeable, or it is an exempt vehicle which requires a 'Nil' licence, where the name and address of the keeper are not recorded in the register, or where any particulars recorded in the register are incorrect. Defences apply where there has been no reasonable opportunity to register and where the person had reasonable grounds for believing or expecting that such particulars were recorded.

A new s 28A, inserted into VERA 1994 by s 151 of SOCPA 2005 provides a power to demand production of a registration document subject to the same conditions which apply to driving licences etc.

Registration plates p 306

Regulation of suppliers of registration plates

The Vehicles Crime (Registration of Registration Plate Suppliers) (England and Wales) (Amendment) Regulations 2005, SI 2005/2981 make a number of changes to the information provided under this heading. Because of the scattered nature of the amendments, the changes will be best understood if alternative text is provided in respect of information beginning with the reference to the 2002 Regulations at the fourth para on p 306, to the para commencing V(C)A 2001, s 26 which appears on p 308.

Part 2 of the Vehicles (Crime) Act 2001 is concerned with the regulation of suppliers of registration plates. By V(C)A 2001, s 17 a person commits an offence if he carries on business as a registration plate supplier without being registered with the Secretary of State. A person carries on a business as a registration plate supplier if his business consists wholly or partly in selling registration plates and he is not exempt (as provided by regulations) from the provisions of the Act.

Under V(C)A 2001, s 18, on payment of any prescribed fee, the Secretary of State must supply information from the register of registration plate suppliers on request by any person (subject to exceptions provided by regulations). Where a request is so made, and subject to any prescribed exception and fee, the Secretary of State must supply the information in the form of a certified copy of the register or of an extract from it. Any such certified copy is evidence of the matters mentioned in it. The Secretary of State may make all the information contained in the register, or prescribed parts of it, available to the Police Information Technology Organisation for use by constables in the investigation of offences against Part 2. Regulations limit the further disclosure by constables of information to which they have been given access. The term 'constable' includes persons employed by a police authority under the Police Act 1996, s 15(1).

V(C)A 2001, s 19(3) provides that a person who, in making an application for registration, makes a statement which he knows to be false in a material particular, or recklessly makes a statement which is false in a material particular, commits an offence. On conviction for such an offence, a court may make an order under s 20 providing for the removal of the entry relating to him in the register, and/or prohibiting him from making an application for registration within a period not exceeding five years specified by the court.

Under V(C)A 2001, s 21, the Secretary of State may cancel a person's registration if he is satisfied that a person is not carrying on the business of a registration plate dealer and has not, while registered, been doing so for the past twenty-eight days, but may not do so without serving notice under s 22 and allowing time for representations. An appeal lies to a magistrates' court within twenty-one days.

The Vehicles Crime (Registration of Registration Plate Suppliers) (England and Wales) Regulations 2002, as amended by SI 2005/2981, require registered persons who are in the course of selling registration plates, to obtain prescribed information from the prospective purchasers before the completion of the sale. They also require registered persons to keep records of prescribed matters.

The information to be obtained by a registered supplier from a prospective purchaser is prescribed by reg 6. He is required to obtain:

his name and usual address (or business address in the case of a firm);
the name and address of any agent involved with the sale;
the registration mark to be shown;
where the request is from a vehicle body repairer on behalf of an insurance company, the name of that company and the number of the insurance policy (in such a case, if the record includes all of this information, no additional verification is needed);
the connection of the purchaser with the registration mark or the vehicle on which it is to be affixed. (This does not apply where the registration plate is fixed to the vehicle to which there has been assigned the registration mark displayed and the registration plate and that vehicle is sold or transferred with the registration plate fixed to it [SI 2005/2981]).

Identity must be verified by the registered person by production of a driving licence which contains a photograph (whether or not issued in the United Kingdom). Alternatives are permitted but in each case there must be two documents:

a valid national identity document issued by the government of a state or territory other than the United Kingdom;
a valid debit card or credit card issued by a bank or building society;
a valid police warrant card;
a valid armed forces identity card;
a dated bill or statement of account issued in respect of the supply of gas, electricity, water or telecommunications services to premises at a specified address;
a dated council tax bill or statement of account; and
a dated statement relating to an account held at a bank or building society.

The documents specified at (f) to (h)must be dated, or relate to a period ending, no later than six months before the time at which the plate is requested.

A photocard driving licence amounts to an official document which proves both name and address. Other documents may only provide proof of a name and in such cases a further document will be required to establish an address.

In addition, the purchaser must establish his connection with the registration mark or the vehicle by a registration document or registration certificate or that part of such document or certificate relevant to the transfer of the vehicle, certificate of entitlement to a registration mark, retention document relating to the right of retention of a registration mark,, vehicle licensing reminder to registered keeper, temporary registration certificate, an authorisation issued by the Secretary of State for the purchase of a number plate, or an authorisation for the purchase of the number plate issued by a company owning more than one vehicle stating that it holds the registration document or the registration certificate and giving the reference number of that document or certificate.

None of these requirements apply to a motor trader who is arranging a first registration on behalf of a purchaser, or if the registration plate was not fixed to the vehicle by him or on his behalf. [SI 2005/2981].

By V(C)A 2001, s 25(3), a person who contravenes any provision in reg 6 commits an offence, unless he shows that he took all reasonable steps and exercised all due diligence to avoid committing the offence.

Regulation 7 requires a registered person to keep records at his principal place of business or at any other premises at which he carries on the business of a registration plate supplier. Records must be retained for a period of three years from the date of registration. Such records shall contain:

the information required by reg 6; (Paragraphs (b) to (d) in the text are deleted);
a statement of the document used to verify name and address and, if a driving licence, the number;
a statement of such particulars or numbers (if any) appearing on the document referred to in sub paragraph (e) as purport to make the document or those particulars or numbers (or both) unique to the purchaser and which in the case of a driving licence shall be the driver number
the document used to verify connection with a registration mark or the vehicle; and
where the document is a registration document, registration certificate or authorisation for purchase issued by a company, the reference number of that document or certificate or the number referred to in that authorisation, as the case may be.

Supervision p 329

The Motor Vehicles (Driving Licences) (Amendment) (No 2) Regulations, SI 2005/2717 amend reg 17 to broaden the categories of vehicle in which a disabled driver may supervise a provisional licence holder to include not only cars, but also coaches, buses and lorries.

They further extend reg 17 in relation to the requirement to hold a full licence for the class of vehicle for a minimum period of three years so as to permit the holding of one of the forms of category C licence for part of that time, coupled with the holding of one of the forms of a category D licence for the remainder of that time and vice versa, in accordance with requirements set out in a new table within reg 17. Where the vehicle being driven is in one of the 'C' categories, the minimum period for which the supervisor must have held such a licence for that category of vehicle is one year provided that he has held a full licence for the parallel grade of passenger-carrying vehicle for a period of two years, This works in reverse where the vehicle being driven is in one of the 'D' categories. A further amendment regulation will follow as the manner in which this change was effected omitted requirements in the case of the supervision of a driver of a category B licence.

Disqualification until passing of driving test p 345

A person charged with driving while disqualified who relies on RTOA 1988 s 37(3) (driving under a provisional licence) has the burden of proving that he satisfies the terms of s 37(3): DPP v Barker (2004) 168 JP 617.

Obtaining licence, or driving, whilst disqualified p 346

In line 1 under this heading delete 'arrestable'.

The latest decision of a divisional court relating to the question of identity of the person before the court is that where there is a coincidence of name, date of birth and address, it is open to justices to draw the inference that the defendant is the same person as he who is referred to in the certificate where there is no evidence offered in rebuttal, and no evidence from the defendant suggesting that he is not that person. [West Yorkshire Probation Board v Boulter (2005) Times, 11 October.

Police powers of seizure of vehicles being driven without a driving licence or insurance; retention and disposal of vehicles seized under powers provided by the RTA 1988, s 165A p 353

This is a new heading to follow 'Other requirements in respect of motor vehicle insurance'.

RTA 1988, s 165A, a new section inserted by SOCPA 2005, s 152 provides a power of seizure in respect of vehicles being used by persons who are unlicensed or uninsured. Persons must be warned of intended seizure. Similar powers are provided where a person has failed to stop his vehicle for sufficient time for such enquiries to be made and there are reasonable grounds for believing that such a contravention has occurred. A power of entry is given, using force if necessary, into premises other than a dwelling where such a vehicle is believed to be. After a failure to stop, the power of seizure is valid for 24 hours.

A seizure notice must be given unless the circumstances make it impracticable. The vehicles are to be retained by authorised persons who must issue a further seizure notice specifying what will occur if the instructions contained in the notice are not complied with, including requirements to produce the relevant documents. Seized vehicles may not be disposed of within a period of 14 days or a date specified in the notice. Where a vehicle is sold the proceeds may be paid to a person establishing ownership within a period of one year.

The Road Traffic Act 1988 (Retention and Disposal of Seized Motor Vehicles) Regulations 2005, make provision for the retention, safe keeping and disposal by the police or a person authorised by them, of vehicles seized under s 165A of the RTA 1988.

Details of existing insurance policies and securities to be made available to the Police Information Technology Organisation p 353

Additional information concerning information to be provided to PITO -

SOCPA 2005, s 153 empowers the Secretary of State by regulations to make provision for requiring the Motor Insurers' Information Centre to make available 'relevant motor vehicle insurance information' to the PITO for it to process with a view to making the processed information available for use by police officers. 'Relevant information' refers to information relating to vehicles which were, but are no longer, insured. The Disclosure of Vehicle Insurance Information Regulations 2005 authorise the provision of such information at intervals specified by PITO. That organisation may process the information in a form which will be of assistance to a constable in establishing whether or not an offence of uninsured use of a vehicle has been committed and chief officers of police may further process that information to assist a constable in deciding whether or not to demand production of evidence of insurance. All such information must not be disclosed other than for the purposes of proceedings.

Police powers of seizure of vehicles being driven without a driving licence or insurance; retention and disposal of vehicles seized under powers provided by the RTA 1988, s 165A p 353

This is a new heading to follow 'Other requirements in respect of motor vehicle insurance'.

RTA 1988, s 165A, a new section inserted by SOCPA 2005, s 152 provides a power of seizure in respect of vehicles reasonably suspected of being, or having been, driven by persons who are unlicensed or uninsured. Unless impracticable, persons must be warned of intended seizure If a licence (or counterpart) or insurance documentation is not immediately produced Similar powers are provided where a person has failed to stop his vehicle for sufficient time for such enquiries to be made and there are reasonable grounds for believing that such a contravention has occurred. A power of entry is given, using force if necessary, into premises other than a private dwelling house where such a vehicle is believed to be. After a failure to stop, the power of seizure is valid for 24 hours.

Fraud, forgery etc p 354

Delete 'An offence against s 174 is an arrestable offence.'

[New January 2007] Procedure in respect of the notice p 356

In a case in which the keeper of the vehicle responded by claiming that his motorcycle was also used by a friend and neither he nor his friend could recall driving at the time, date and place alleged, he was convicted of an offence of failure to disclose the identity of the driver as he had failed to disclose the identity of the friend within the time limits imposed. A divisional court supported the conviction holding that he had had relevant information in his possession and he had been required to give any information in his power which would lead to the identification of the driver. and he had failed to provide the identity of his friend. [R (On the application of Flegg) v Southampton and New Forest Justices [2006] EWHC 396 (Admin)]

Causing danger to road users p 359

Delete last line under this heading which refers to arrestable offences.

[New January 2007]
Two youths, during the hours of darkness, placed a yellow metal toad sign on the southbound carriageway of a single carriageway road. A car containing a lady driver and her lady passenger collided with a tree, Both were killed. Three motorists gave evidence that they were able to see the sign from a considerable distance and were able to avoid it without difficulty. The road was subject to a 50 mph speed limit. A district judge found no case to answer to a charge of intentionally and without lawful authority or reasonable cause, causing something to be on a road in such circumstances that it would be obvious to a reasonable person that to do so would be dangerous. The district judge considered that taking into account the width of the road, the sight lines and the speed limit he was not satisfied that it would be obvious to a reasonable person that causing the sign to be in the road would be dangerous. A divisional court held that he had been wrong to do so. Notwithstanding the facts which the district judge had found it did not follow that the act was not dangerous. A reasonable person does not expect that all motorists will drive carefully; he is aware that many do not. Such a person would be aware that this act might cause an accident. [DPP v D [2006] EWHC 314 (Admin)]

Nuisances related to noise p 363

CNAEA 2005, s 84 and Sch 1 prospectively amend the provisions of the Noise Act 1996 to embrace any premises in respect of which a premises licence or a temporary event notice has effect. [Not yet in force]

Depositing litter p 364

The Clean Neighbouhoods and Environment Act 2005, amend the provisions of the Environmental Protection Act 1990 in relation to the offence of depositing litter and the measures for enforcement.

EPA 1990, s 87(1) to (4) are substituted. Section 87 provide that a person commits an offence if he throws down, drops or otherwise deposits, any litter in any place in the area of a principal litter authority which is open to the air, and leaves it. However, the section does not apply to a place which although covered, is 'open to the air' on at least one side (as referred to in s 86(13)) if the public does not have access to it, with or without payment. The offence of depositing litter is committed whether the litter is deposited on land or on water.

No offence is committed where the depositing of litter is authorized by law or is done with the consent of the owner or occupier or other person having control of the place where it is deposited. Consent may only be given to the depositing of litter in a lake, pond or watercourse by the owner, occupier or other person having control of all of the land adjoining that lake pond or watercourse and all of the land into which water from those places directly or indirectly discharges, otherwise than by means of a public sewer.

The term 'litter' includes the discarded ends of cigarettes, cigars and like products and discarded chewing gum and the discarded remains of other products designed for chewing.

The major change brought about by the CNAE Act 2005 is that the revised EPA 1990, s 87 covers the dropping of litter on private land. Thus, offences are committed under the Act by persons who drop litter on any private land. Where an authorised officer proposes to give a person a notice, he may require the person to give his name and address. Failure, or the giving of a false address, is an offence.

The amount of the fixed penalty is that specified by a principal litter authority in relation to its area or, where no amount is so specified, £75.

Existing references related to the limitation of the offence created by s 87 to the depositing of litter to a 'public open place' are no longer relevant.

Refuse Disposal (Amenity) Act 1978, p 365

The Clean Neighbouhoods and Environment Act 2005 adds a s 2A to the RD(A)A 1978 which makes provision for the offence to be dealt with as a fixed penalty offence by an authorised officer of the local authority. The fixed penalty is currently £200.

Abandoned motor vehicles p 365

Where a local authority labelled and removed vehicles belonging to a man who conducted a car repair business but, having no suitable premises, left the vehicles which he was repairing in the street, the Court of Appeal supported a judge's finding that the council had acted unlawfully. It held that the authority could not have realistically believed the cars to have been abandoned in the circumstances, as it had made no move to establish whether or not they were abandoned. It had to be so satisfied before it was empowered to act. [Cumberbatch v Lambeth London Borough Council [2006] RTR 21]

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