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amend
Part 6 of the Road Traffic Act 1988 to require users of motor
vehicles to |
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display on the vehicle a disc
certifying that a policy of insurance or security in |
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respect of third party risks
is in force; and for connected purposes. |
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Be
it enacted by the Queen’s most Excellent Majesty,
by and with the advice and |
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consent of the Lords Spiritual
and Temporal, and Commons, in this present |
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Parliament assembled, and
by the authority of the same, as follows:— |
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1 |
Amendments
of the Road Traffic Act 1988 |
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(1) |
The Road Traffic Act 1988
(c. 52) is amended as follows. |
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(2) |
After section 144 there is
inserted— |
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“144A |
Duty of registered
owner to display motor vehicle insurance disc |
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(1) |
The registered owner of
a motor vehicle must not use a motor vehicle |
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5 |
on
a road or other public place unless there is displayed on the
vehicle |
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in
a manner prescribed by regulations under section 148A(2) a valid
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motor
vehicle insurance disc of the required kind (“a vehicle
disc”). |
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(2) |
The Secretary of State may
by regulations exempt from the provisions |
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of
subsection (1) registered owners to whom the offence under section
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10 |
143
does not apply in accordance with the provisions of section 144. |
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(3) |
If a person acts in contravention
of subsection (1) he is guilty of an |
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144B |
Power to extend duty
to display motor vehicle insurance disc to other |
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(1) |
The Secretary of State may
by regulations prescribe circumstances in |
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which
the user of a motor vehicle who is not the registered owner of
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that
vehicle must not use a motor vehicle on a road or other public
place |
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unless
there is displayed on the vehicle in a manner prescribed by |
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regulations
under section 148A(2) a valid motor vehicle insurance disc |
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20 |
of
the required kind (“a portable disc”). |
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(2) |
If
a person acts in contravention of regulations made under subsection
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(1)
he is guilty of an offence.” |
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(3) |
After section 148 there is
inserted— |
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“148A |
Form and display
of motor vehicle insurance disc |
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(1) |
The Secretary of State may
by regulations prescribe the form of a motor |
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5 |
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(2) |
The Secretary of State may
by regulations provide that a motor vehicle |
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insurance
disc shall be displayed on the vehicle in the manner |
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prescribed
by regulations. |
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148B |
Issue and surrender of
motor vehicle insurance disc |
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10 |
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(a) |
an
insurer delivers to the person by whom a policy of insurance |
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is
effected a certificate of insurance in accordance with section
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(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 |
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he
shall also deliver to that person a motor vehicle insurance disc
or, as |
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appropriate,
motor vehicle insurance discs, in a manner prescribed by |
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20 |
(2) |
Where a disc has been delivered
or discs have been delivered under this |
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section
and the policy or security to which it relates or they relate
is |
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cancelled
by mutual consent or by virtue of any provision in the policy
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or
security, the person to whom the disc was delivered or the discs
were |
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delivered
must, within seven days from the taking effect of the |
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25 |
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(a) |
surrender
the disc or discs to the person by whom the policy |
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was
issued or the security was given, or |
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(b) |
if
a disc has been lost or destroyed, make a statutory declaration
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30 |
(3) |
A person who fails to comply
with subsection (2) is guilty of an offence. |
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148C |
Register of valid motor
vehicle insurance discs |
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(1) |
Where a motor vehicle insurance
disc has been delivered by a person in |
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accordance
with the provisions of section 148B, it shall be the duty of |
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that
person to inform the Secretary of State of the delivery in the
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35 |
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(2) |
Where a policy or security
to which a disc relates or discs relate has |
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been
cancelled, it shall be the duty of the person to whom the duty
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under
subsection (1) applies to inform the Secretary of State of the
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cancellation
in the prescribed manner. |
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40 |
(3) |
The Secretary of State may
by regulations prescribe information |
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(a) |
the
person by whom a policy is effected or to whom a security |
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(b) |
the
vehicle or vehicles to which the policy or security relate, |
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45 |
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that
shall be provided to him by a person to whom the duty under |
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(4) |
The Secretary shall maintain
a register of information provided in |
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accordance
with subsections (1) to (3). |
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(5) |
The Secretary of State shall
provide information from the register |
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5 |
maintained
in accordance with the provisions of subsection (4) to— |
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(a) |
chief
officers of police, and |
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(b) |
such
other persons as may be prescribed by regulations.” |
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(4) |
In section 160(2) (particular
provisions of regulations)— |
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(a) |
in paragraph (c), after the
word “certificates”, there is inserted the |
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words “motor vehicle
insurance discs”, and |
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(b) |
in paragraph (d), after the
word “certificates”, there is inserted the |
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words “motor vehicle
insurance discs”. |
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(5) |
In section 161(1) (interpretation
of Part 6), after the definition of “policy of |
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insurance”, there is
inserted— |
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““registered
owner” means the person who has registered the vehicle in
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accordance
with regulations under section 22 of the Vehicle Excise |
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and
Registration Act 1994 (registration regulations);”. |
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(6) |
In paragraph (a) of section
165(2) (documents required by constable), after the |
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words “certificate
of security”, there is inserted the words “or motor
vehicle |
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20 |
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(7) |
In section 171(1) (duty
of owner to give information), after the word “security”,
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there is inserted the words
“or motor vehicle insurance disc”. |
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(8) |
In section 173(2) (documents
to which forgery offence applies), after paragraph |
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25 |
“(ha) |
any
motor vehicle insurance disc under Part 6 of this Act,”. |
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2 |
Amendments
of the Road Traffic Offenders Act 1988 |
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(1) |
The Road Traffic Offenders
Act 1988 (c. 53) is
amended as follows. |
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(2) |
In the Table in Schedule
1, after the entry relating to RTA section 143, there is |
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30 |
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Provision creating
offence |
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General nature of
offence |
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35 |
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Provision creating
offence |
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General nature of
offence |
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5 |
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(3) |
In the Table in Part 1 of
Schedule 2, at the appropriate place, there is inserted— |
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40 |
There
shall be paid out of money provided by Parliament— |
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(a) |
any
expenditure incurred by the Secretary of State in connection with
this Act, |
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(b) |
any
increase attributable to this Act in the sums payable under any
other |
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enactment
out of money provided by Parliament. |
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45 |
4 |
Short
title, commencement and extent |
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(1) |
This Act may be cited as
the Motor Vehicle Insurance Disc Act 2004. |
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(2) |
This Act shall come into
force in accordance with provision made by the |
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Secretary of State by order. |
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(3) |
The power conferred by subsection
(2) to make an order shall be exercisable by |
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