Supplementary memorandum submitted by
the Department for Transport
Question 114 (Mr Philip Dunne):
Motorcycles with illegal exhausts
We only register vehicles which meet the proper
type approval standards. However, clearly modifications can be
made subsequently. Enforcement action is then at MoT or by the
police, and in the latter case it is clearly helpful to them if
the vehicle in question is registered and taxed and they can trace
a keeper. It is, therefore, important to encourage a high level
of compliance with taxation so that enforcement can be effective.
Placing too many conditions on the taxation process could have
a detrimental effect on overall compliance, rather than improving
it.
With regard to controls on the use of racing
exhausts on motor cycles, alteration of exhaust systems or silencers
so as to increase noise is an offence under the Road Vehicles
(Construction and Use) Regulations 1986. These require motor cycles
to be constructed so that their noise does not exceed a certain
level and alteration of exhausts or silencers so as to increase
noise is an offence. Motorcycle replacement silencers are also
required to be marked to show compliance with European or British
Standard noise limits and silencers intended for off road use
must be marked to indicate this.
During the MoT test, these components are checked
and a motor cycle may fail if it does not have the required exhaust
markings and/or if the noise it makes is unreasonably higher than
a similar motor cycle fitted with a silencer in average condition.
However, a motor cycle or other vehicle owner may evade MoT, and
hence VED, controls by refitting the standard equipment and replacing
it with a noisy one after passing the test. That is why the police
are responsible for enforcement outside the MoT test on public
roads and have powers to take action if they suspect an offence
under the Regulations is being committed. They also have powers
under the Regulations to take action if they suspect that the
noise being caused is avoidable through reasonable driver care.
Spot fines may be issued for penalties under
the Regulations or fines of up to £1,000 may be levied on
summary conviction for more serious or persistent offences (or
if liability is disputed). The police also have powers to address
noise nuisance under the Police Reform Act 2002 and the Crime
and Disorder Act 1998 under which Anti Social Behaviour Orders
can be served on the motorcycle owner, imposing a ban from certain
roads or even confiscation of the motorcycle. So there are tough
penalties available to the police, and the Government would welcome
greater use of these penalties to address this problem. Home Office
colleagues are working with the police to raise awareness of the
powers available and this work has a high priority. In the meantime,
given the scope of powers already available, there is no proposal
to make the offence endorsable.
Question 119 (Mr Philip Dunne): The Post Office
The Post Office Ltd (PO) provides a number of
services for DVLA customers, most significant of which is the
issuing of Vehicle Excise Duty Licences over the counter (as well
as the Drivers Premium Service (document checking service) for
Driving Licence renewals; Returned Cheques and postal transactions).
There are currently 4,750 PO branches which
deal with motor vehicle licence (MVL) transactions, approximately
600 more than in 2004. The 2004 changes introduced primarily rural
offices to the network at no additional cost to the Agency and
increased the percentage of customers with access to a MVL issuing
post office branch within 2 miles of their home from 92% to 95%.
Commercial decisions are made on the number
of branches the PO can offer to provide this service. Adding extra
offices to the network increases the cost of the collection of
vehicle excise duty without raising the total revenue collected.
Consequently, the PO and the Agency seek to strike a balance between
convenience to the motorist and cost.
Talks continue with the Post Office about future
business opportunities, such as the potential for them to provide
image capture facilities for the 10-year renewal of photocard
licences.
Questions 7, 111 and 113
Finally, I should like to take this opportunity
to reiterate that we are exploring the following areas raised
by the Committee:
— enforcement in respect of untaxed
motorbikes (Q.7 and Q113); and
— exploring the scope for improving
our partnership working with the police and others to support/encourage
increased VED enforcement (Q 111).
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