Motor Vehicle Insurance Disc Bill

House of Commons

Session 2003 - 04
Internet Publications
Other Bills before Parliament

Motor Vehicle Insurance Disc Bill

Motor Vehicle Insurance Disc Bill

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A

Bill

To

amend Part 6 of the Road Traffic Act 1988 to require users of motor vehicles to

display on the vehicle a disc certifying that a policy of insurance or security in

respect of third party risks is in force; and for connected purposes.

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and

consent of the Lords Spiritual and Temporal, and Commons, in this present

Parliament assembled, and by the authority of the same, as follows:—

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Amendments of the Road Traffic Act 1988

(1)

The Road Traffic Act 1988 (c. 52) is amended as follows.

(2)

After section 144 there is inserted—

“144A

Duty of registered owner to display motor vehicle insurance disc

(1)

The registered owner of a motor vehicle must not use a motor vehicle

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on a road or other public place unless there is displayed on the vehicle

in a manner prescribed by regulations under section 148A(2) a valid

motor vehicle insurance disc of the required kind (“a vehicle disc”).

(2)

The Secretary of State may by regulations exempt from the provisions

of subsection (1) registered owners to whom the offence under section

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143 does not apply in accordance with the provisions of section 144.

(3)

If a person acts in contravention of subsection (1) he is guilty of an

offence.

144B

Power to extend duty to display motor vehicle insurance disc to other

users

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(1)

The Secretary of State may by regulations prescribe circumstances in

which the user of a motor vehicle who is not the registered owner of

that vehicle must not use a motor vehicle on a road or other public place

unless there is displayed on the vehicle in a manner prescribed by

regulations under section 148A(2) a valid motor vehicle insurance disc

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of the required kind (“a portable disc”).

Bill 46 53/3

Motor Vehicle Insurance Disc Bill

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(2)

If a person acts in contravention of regulations made under subsection

(1) he is guilty of an offence.”

(3)

After section 148 there is inserted—

“148A

Form and display of motor vehicle insurance disc

(1)

The Secretary of State may by regulations prescribe the form of a motor

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vehicle insurance disc.

(2)

The Secretary of State may by regulations provide that a motor vehicle

insurance disc shall be displayed on the vehicle in the manner

prescribed by regulations.

148B

Issue and surrender of motor vehicle insurance disc

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(1)

Where—

(a)

an insurer delivers to the person by whom a policy of insurance

is effected a certificate of insurance in accordance with section

147(1), or

(b)

a person giving a security to the person to whom it is given

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delivers a certificate of security in accordance with section

147(2),



he shall also deliver to that person a motor vehicle insurance disc or, as

appropriate, motor vehicle insurance discs, in a manner prescribed by

regulations.

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(2)

Where a disc has been delivered or discs have been delivered under this

section and the policy or security to which it relates or they relate is

cancelled by mutual consent or by virtue of any provision in the policy

or security, the person to whom the disc was delivered or the discs were

delivered must, within seven days from the taking effect of the

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cancellation—

(a)

surrender the disc or discs to the person by whom the policy

was issued or the security was given, or

(b)

if a disc has been lost or destroyed, make a statutory declaration

to that effect.

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(3)

A person who fails to comply with subsection (2) is guilty of an offence.

148C

Register of valid motor vehicle insurance discs

(1)

Where a motor vehicle insurance disc has been delivered by a person in

accordance with the provisions of section 148B, it shall be the duty of

that person to inform the Secretary of State of the delivery in the

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prescribed manner.

(2)

Where a policy or security to which a disc relates or discs relate has

been cancelled, it shall be the duty of the person to whom the duty

under subsection (1) applies to inform the Secretary of State of the

cancellation in the prescribed manner.

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(3)

The Secretary of State may by regulations prescribe information

relating to—

(a)

the person by whom a policy is effected or to whom a security

is given, and

(b)

the vehicle or vehicles to which the policy or security relate,

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Motor Vehicle Insurance Disc Bill

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that shall be provided to him by a person to whom the duty under

subsection (1) applies.

(4)

The Secretary shall maintain a register of information provided in

accordance with subsections (1) to (3).

(5)

The Secretary of State shall provide information from the register

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maintained in accordance with the provisions of subsection (4) to—

(a)

chief officers of police, and

(b)

such other persons as may be prescribed by regulations.”

(4)

In section 160(2) (particular provisions of regulations)—

(a)

in paragraph (c), after the word “certificates”, there is inserted the

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words “motor vehicle insurance discs”, and

(b)

in paragraph (d), after the word “certificates”, there is inserted the

words “motor vehicle insurance discs”.

(5)

In section 161(1) (interpretation of Part 6), after the definition of “policy of

insurance”, there is inserted—

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““registered owner” means the person who has registered the vehicle in

accordance with regulations under section 22 of the Vehicle Excise

and Registration Act 1994 (registration regulations);”.

(6)

In paragraph (a) of section 165(2) (documents required by constable), after the

words “certificate of security”, there is inserted the words “or motor vehicle

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insurance disc”.

(7)

In section 171(1) (duty of owner to give information), after the word “security”,

there is inserted the words “or motor vehicle insurance disc”.

(8)

In section 173(2) (documents to which forgery offence applies), after paragraph

(h), there is inserted—

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“(ha)

any motor vehicle insurance disc under Part 6 of this Act,”.

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Amendments of the Road Traffic Offenders Act 1988

(1)

The Road Traffic Offenders Act 1988 (c. 53) is amended as follows.

(2)

In the Table in Schedule 1, after the entry relating to RTA section 143, there is

inserted—

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(1)

(2)

(3)

Provision creating offence

General nature of offence

Applicable provisions of

this Act

“RTA section 144A

Use of a motor vehicle

Sections 6, 11 and 12(1)

by a registered owner

of this Act.

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without displaying a

valid motor vehicle

insurance disc

Motor Vehicle Insurance Disc Bill

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(1)

(2)

(3)

Provision creating offence

General nature of offence

Applicable provisions of

this Act

RTA section 144B

Use of a motor vehicle

Sections 6, 11 and 12(1)

in prescribed

of this Act.”

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circumstances without

displaying a valid motor

vehicle insurance disc

(3)

In the Table in Part 1 of Schedule 2, at the appropriate place, there is inserted—

(1)

(2)

(3)

(4)

(5)

(6)

(7)

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Provision

General nature of

Mode of

Punishment

Disquali-

Endorsement

Penalty

creating

offence

prosecution

fication

points

offence

“RTA

Use of a motor

Summarily

Level 4 on

Discretionary

Obligatory

3–6

section

vehicle by a

the standard

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144A

registered owner

scale

without

displaying a

valid motor

vehicle insurance

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disc

RTA

Use of a motor

Summarily

Level 4 on

Discretionary

Obligatory

3–6

section

vehcile in

the standard

144B

prescribed

scale

circumstances

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without

displaying a

valid motor

vehicle insurance

disc

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RTA

Failing to

Summarily

Level 3 on

section

surrender motor

the standard

148B

vehicle insurance

scale”

disc on

cancellation or to

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make statutory

declaration of

loss or

destruction

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Money

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There shall be paid out of money provided by Parliament—

(a)

any expenditure incurred by the Secretary of State in connection with this Act,

and

(b)

any increase attributable to this Act in the sums payable under any other

enactment out of money provided by Parliament.

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Short title, commencement and extent

(1)

This Act may be cited as the Motor Vehicle Insurance Disc Act 2004.

(2)

This Act shall come into force in accordance with provision made by the

Secretary of State by order.

(3)

The power conferred by subsection (2) to make an order shall be exercisable by

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statutory instrument.

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(4)

This Act does not extend to Northern Ireland.