Serious Organised Crime and Police Bill

House of Commons

Session 2004 - 05
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Other Bills before Parliament

Serious Organised Crime and Police Bill

Serious Organised Crime and Police Bill
Part 5 — Miscellaneous
94

Part 5
Miscellaneous
Vehicle registration and road traffic offences
129
Offence in respect of incorrectly registered vehicles
(1)
After section 43B of the Vehicle Excise and Registration Act 1994 (c. 22) insert—
5
“Offence in respect of incorrectly registered vehicles
43C
Offence of using an incorrectly registered vehicle
(1)
A person is guilty of an offence if, on a public road or in a public place,
he uses a vehicle which is required to be registered and in respect of
which—
10
(a)
the name and address of the keeper are not recorded in the
register, or
(b)
any of the particulars recorded in the register are incorrect.
(2)
It is a defence for a person charged with an offence under subsection (1)
to show (as the case may be)—
15
(a)
that there was no reasonable opportunity, before the material
time, to furnish the name and address of the keeper of the
vehicle, or
(b)
that there was no reasonable opportunity, before the material
time, to furnish particulars correcting the incorrect particulars.
20
(3)
It is also a defence for a person charged with an offence under
subsection (1) to show—
(a)
that he had reasonable grounds for believing, or that it was
reasonable for him to expect, that the name and address of the
keeper or the other particulars of registration (as the case may
25
be) were correctly recorded in the register, or
(b)
that any exception prescribed in regulations under this section
is met.
(4)
A person guilty of an offence under this section is liable on summary
conviction to a fine not exceeding level 3 on the standard scale.
30
(5)
The Secretary of State may make regulations prescribing, varying or
revoking exceptions for the purposes of subsection (3)(b).
(6)
In this section—
“keeper”, in relation to a vehicle, means the person by whom it is
kept at the material time;
35
“the register” means the register kept by the Secretary of State
under Part 2.”
(2)
In Schedule 3 to the Road Traffic Offenders Act 1988 (c. 53) (fixed penalty
offences) after the entry relating to section 43 of the Vehicle Excise and

Serious Organised Crime and Police Bill
Part 5 — Miscellaneous
95

Registration Act 1994 insert—

“Section 43C of that Act
Using an incorrectly registered

vehicle.”

130
Power of constables to require production of registration documents in
respect of a vehicle
5
After section 28 of the Vehicle Excise and Registration Act 1994 (c. 22) insert—
“Power of constables to require production of documents
28A
Power of constables to require production of registration documents
(1)
A person using a vehicle in respect of which a registration document
has been issued must produce the document for inspection on being so
10
required by a constable.
(2)
A person is guilty of an offence if he fails to comply with subsection (1).
(3)
Subsection (2) does not apply if any of the following conditions is
satisfied.
(4)
The first condition is that—
15
(a)
the person produces the registration document, in person, at a
police station specified by him at the time of the request, and
(b)
he does so within 7 days after the date on which the request was
made or as soon as is reasonably practicable.
(5)
The second condition is that—
20
(a)
the vehicle is subject to a lease or hire agreement,
(b)
the vehicle is not registered in the name of the lessee or hirer
under that agreement and is not required to be so registered,
and
(c)
the person produces a copy of the agreement—
25
(i)
to the constable at the time of the request, or
(ii)
within 7 days after the date of the request, in person at a
police station specified by him at the time of the request.
(6)
The third condition is that any exception prescribed in regulations
under this section is met.
30
(7)
A person guilty of an offence under this section is liable on summary
conviction to a fine not exceeding level 2 on the standard scale.
(8)
The Secretary of State may make regulations prescribing, varying or
revoking exceptions for the purposes of subsection (6).
(9)
In this section “registration document” mean a registration document
35
issued in accordance with regulations under section 22(1)(e).”

Serious Organised Crime and Police Bill
Part 5 — Miscellaneous
96

131
Power to seize etc. vehicles driven without insurance
After section 165 of the Road Traffic Act 1988 (c. 52) insert—
“165A
Power of constables to seize vehicles driven without insurance
(1)
Subsection (3) applies where—
(a)
a constable in uniform requires, under section 165, a person to
5
produce evidence that a motor vehicle is insured,
(b)
the person fails to produce such evidence, and
(c)
the constable has reasonable grounds for believing that the
vehicle is being, or has been, driven in contravention of section
143.
10
(2)
Subsection (3) also applies where—
(a)
a constable in uniform requires, under section 163, a person
driving a motor vehicle to stop the vehicle,
(b)
the person fails to stop the vehicle, or to stop the vehicle long
enough for the constable to make such lawful enquiries as he
15
considers appropriate, and
(c)
the constable has reasonable grounds for believing that the
vehicle is being, or has been, driven in contravention of section
143.
(3)
Where this subsection applies, the constable may—
20
(a)
seize the vehicle in accordance with subsections (4) and (5) and
remove it;
(b)
enter, for the purpose of exercising a power falling within
paragraph (a), any premises (other than a private dwelling
house) on which he has reasonable grounds for believing the
25
vehicle to be;
(c)
use reasonable force, if necessary, in the exercise of any power
conferred by paragraph (a) or (b).
(4)
Before seizing the motor vehicle, the constable must warn the person
appearing to drive, or to have driven, the vehicle in contravention of
30
section 143 that he will seize it if the person does not provide him
immediately with evidence that the vehicle is insured.

But the constable is not required to give such a warning if the
circumstances make it impracticable for him to do so.
(5)
If the constable is unable to seize the vehicle immediately because the
35
person driving the vehicle has failed to stop as requested or has driven
off, he may seize it at any time within the period of 24 hours beginning
with the time at which the conditions in subsection (1) or (2) are first
met.
(6)
The powers conferred on a constable by this section are exercisable only
40
at a time when regulations under section 165B are in force.
(7)
In this section—
(a)
a reference to a motor vehicle does not include an invalid
carriage;
(b)
a reference to evidence that a motor vehicle is insured is a
45
reference to a document or other evidence within section
165(2)(a);

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(c)
“private dwelling house” does not include any garage or other
structure occupied with the dwelling house, or any land
appurtenant to the dwelling house.
165B
Retention etc. of vehicles seized under section 165A
(1)
The Secretary of State may by regulations make provision as to—
5
(a)
the removal and retention of motor vehicles seized under
section 165A; and
(b)
the release or disposal of such motor vehicles.
(2)
Regulations under subsection (1) may, in particular, make provision—
(a)
for the giving of notice of the seizure of a motor vehicle under
10
section 165A to a person who is the registered keeper, the owner
or the driver of that vehicle;
(b)
for the procedure by which a person who claims to be the
registered keeper or the owner of a motor vehicle seized under
section 165A may seek to have it released;
15
(c)
for requiring the payment, by the registered keeper, owner or
driver of the vehicle, of fees, charges or costs in relation to the
removal and retention of such a motor vehicle and to any
application for its release;
(d)
as to the circumstances in which a motor vehicle seized under
20
section 165A may be disposed of;
(e)
as to the destination—
(i)
of any fees or charges payable in accordance with the
regulations;
(ii)
of the proceeds (if any) arising from the disposal of a
25
motor vehicle seized under section 165A;
(f)
for the delivery to a local authority, in circumstances prescribed
by or determined in accordance with the regulations, of any
motor vehicle seized under section 165A.
(3)
Regulations under subsection (1) must provide that a person who
30
would otherwise be liable to pay any fee or charge under the
regulations is not liable to pay it if—
(a)
he was not driving the motor vehicle at the time in question, and
(b)
he did not know that the vehicle was being driven at that time,
had not consented to its being driven and could not, by the
35
taking of reasonable steps, have prevented it from being driven.
(4)
In this section—
“local authority”—
(a)
in relation to England, means—
(i)
a county council,
40
(ii)
the council of a district comprised in an area for
which there is no county council,
(iii)
a London borough council,
(iv)
the Common Council of the City of London, or
(v)
Transport for London;
45
(b)
in relation to Wales, means the council of a county or
county borough; and

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(c)
in relation to Scotland, means a council constituted
under section 2 of the Local Government etc. (Scotland)
Act 1994;
“registered keeper”, in relation to a motor vehicle, means the
person in whose name the vehicle is registered under the
5
Vehicle Excise and Registration Act 1994.”
132
Payments by Secretary of State to police authorities in relation to the
prevention, detection and enforcement of certain traffic offences
(1)
The Secretary of State may make payments in respect of the whole or any part
of the expenditure of a police authority in relation to—
10
(a)
the prevention and detection of offences to which subsection (3)
applies, or
(b)
any enforcement action or proceedings in respect of such offences or
any alleged such offences.
(2)
Payments under this section shall be made at such times, in such manner and
15
subject to such conditions as the Secretary of State may determine.
(3)
This subsection applies to offences committed in England and Wales under the
following provisions—
Road Traffic Act 1988 (c. 52)
section 14 (requirements regarding seat belts: adults);
20
section 15(2) and (4) (restriction on carrying children not wearing seat
belts in motor vehicles);
section 42 (motor vehicles and trailers: other construction and use
requirements) in relation to the construction and use requirements
imposed by the following regulations—
25
(a)
regulations 54, 57 and 104 of the Road Vehicles (Construction
and Use) Regulations 1986 (S.I. 1986/1078);
(b)
regulations 11(1) and 25 of the Road Vehicles Lighting
Regulations 1989 (S.I. 1989/1796);
section 47 (obligatory test certificates for motor vehicles);
30
section 87(1) (drivers of motor vehicles to have driving licences);
section 143 (users of motor vehicles to be insured or secured against third-
party risks);
section 163 (power of police to stop vehicles);
section 172 (duty to give information as to the identity of driver etc. in
35
certain circumstances);
Vehicle Excise and Registration Act 1994 (c. 22)
section 33 (not exhibiting vehicle licence);
section 42 (not fixing registration mark);
section 43 (obscured registration mark);
40
section 43C (using an incorrectly registered vehicle);
section 59 (regulations: offences) in relation to the requirements imposed
by regulation 11 of the Road Vehicles (Display of Registration Marks)
Regulations 2001 (S.I. 2001/561).
(4)
The Secretary of State may by order amend the list of offences in subsection (3)
45
so as to add, modify or omit any entry.

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(5)
In subsection (3) “construction and use requirements” has the meaning given
by section 41(7) of the Road Traffic Act 1988 (c. 52).
133
Payments by Scottish Ministers to police authorities etc. in relation to the
prevention, detection and enforcement of certain traffic offences
(1)
The Scottish Ministers may make payments in respect of the whole or any part
5
of the expenditure of a police authority or joint police board (within the
meaning of the Police (Scotland) Act 1967 (c. 77)) in relation to—
(a)
the prevention and detection of offences to which subsection (3)
applies, or
(b)
any enforcement action or proceedings in respect of such offences or
10
any alleged such offences.
(2)
Payments under this section shall be made at such times, in such manner and
subject to such conditions as the Scottish Ministers may determine.
(3)
This subsection applies to offences committed in Scotland under the following
provisions—
15
Road Traffic Act 1988 (c. 52)
section 14 (requirements regarding seat belts: adults);
section 15(2) and (4) (restriction on carrying children not wearing seat
belts in motor vehicles);
section 42 (motor vehicles and trailers: other construction and use
20
requirements) in relation to the construction and use requirements
imposed by the following regulations—
(a)
regulations 54, 57 and 104 of the Road Vehicles (Construction
and Use) Regulations 1986 (S.I. 1986/1078);
(b)
regulations 11(1) and 25 of the Road Vehicles Lighting
25
Regulations 1989 (S.I. 1989/1796);
section 47 (obligatory test certificates for motor vehicles);
section 87(1) (drivers of motor vehicles to have driving licences);
section 143 (users of motor vehicles to be insured or secured against third-
party risks);
30
section 163 (power of police to stop vehicles);
section 172 (duty to give information as to the identity of driver etc. in
certain circumstances);
Vehicle Excise and Registration Act 1994 (c. 22)
section 33 (not exhibiting vehicle licence);
35
section 42 (not fixing registration mark);
section 43 (obscured registration mark);
section 43C (using an incorrectly registered vehicle);
section 59 (regulations: offences) in relation to the requirements imposed
by regulation 11 of the Road Vehicles (Display of Registration Marks)
40
Regulations 2001 (S.I. 2001/561).
(4)
The Scottish Ministers may by order amend the list of offences in subsection (3)
so as to add, modify or omit any entry.
(5)
In subsection (3) “construction and use requirements” has the meaning given
by section 41(7) of the Road Traffic Act 1988.
45

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(6)
In section 95 of the Road Traffic Offenders Act 1988 (c. 53) (destination of fines
imposed in respect of road traffic offences etc.) insert—
“(3)
There shall be paid into the Scottish Consolidated Fund all fixed
penalties imposed in respect of offences, committed in Scotland, to
which section 133(3) of the Serious Organised Crime and Police Act
5
2005 applies.”
Local policing information
134
Publication of local policing information
After section 8 of the Police Act 1996 (c. 16) insert—
“8A
Local policing summaries
10
(1)
As soon as possible after the end of each financial year, every police
authority established under section 3 shall issue a report for members
of the public in the authority’s area on matters relating to the policing
of that area for the year.
(2)
Such a report is referred to in this section as a “local policing summary”.
15
(3)
The Secretary of State may by order specify matters which are to be
included in a local policing summary.
(4)
A police authority shall arrange—
(a)
for every local policing summary issued by it under this section
to be published in such manner as appears to it to be
20
appropriate, and
(b)
for a copy of every such summary to be sent, by whatever
means appear to the authority to be appropriate, to each person
liable to pay any tax, precept or levy to or in respect of the
authority.
25
(5)
It shall be the duty of a police authority, in preparing and publishing a
local policing summary, to have regard to any guidance given by the
Secretary of State about the form and content of local policing
summaries and the manner of their publication.
(6)
Before making an order under subsection (3), and before giving any
30
such guidance as is referred to in subsection (5), the Secretary of State
must consult—
(a)
persons whom he considers to represent the interests of police
authorities,
(b)
persons whom he considers to represent the interests of chief
35
officers of police, and
(c)
such other persons as he thinks fit.
(7)
This section shall apply in relation to the Metropolitan Police Authority
as it applies to a police authority established under section 3.
(8)
A statutory instrument containing an order under subsection (3) shall
40
be subject to annulment in pursuance of a resolution of either House of
Parliament.”