31G.—(1) Subject to paragraphs (3) to (6), any person who supplies a light passenger vehicle[F3 or a vehicle to which the motorcycle type approval Directive applies]
(a)which has not been registered—
(i)under section 19 of the Vehicles (Excise) Act 1971, or
(ii)under the law of a member State other than the United Kingdom, and
(b)in respect of which no EC certificate of conformity has effect,
shall be guilty of an offence under this Order.
(2) In this Article references to supply include—
(a)sell,
(b)offer to sell or supply, and
(c)expose for sale.
(3) A person shall not be convicted of an offence under paragraph (1) in respect of[F3 the supply of a light passenger vehicle] if he proves—
(a)that the vehicle was one in respect of which the grant of a licence under the Vehicles (Excise) Act 1971 was not prohibited by regulation 10 of the Motor Vehicles (EC Type Approval) Regulations 1992, or
(b)in the case of a vehicle in respect of which duty is not chargeable under that Act, that the vehicle was one whose registration under section 19 of that Act was not prohibited by that regulation.
[F3(3A) A person shall not be convicted of an offence under this Article in respect of the use of a vehicle to which the motorcycle type approval Directive applies if he proves that the vehicle was one in respect of which the grant of a licence or nil licence under the Vehicle Excise and Registration Act 1994 was not prohibited by regulation 16 of the Motor Cycles Etc. (EC Type Approval) Regulations 1999.]
(4) A person shall not be convicted of an offence under paragraph (1) in respect of the supply of a vehicle if he proves—
(a)that it was suupplied for export from the United Kingdom to a country which is not a member State, or
(b)that he had reasonable cause to believe—
(i)that it would not be used on a road in the United Kingdom or any other member State, or
(ii)that it would not be so used until an EC certificate of conformity had been issued in respect of it.
(5) This Article does not apply in relation to the supply of a vehicle—
(a)to the Crown for naval, military or air force purposes,
(b)for the purposes of the military forces if any country outside the United Kingdom,
Sub-para. (c) rep. by 2004 c. 36
(d)to the Police Authority for Northern Ireland for police purposes, or
(e)to any public authority in a member State outside the United Kingdom which has responsibilities for maintaining public order.
(6) This Article does not apply in relation to a vehicle in respect of which a Department's approval certificate issued under Article 31A(4) of this Order or a Minister's approval certificate issued under section 58(1) of the Road Traffic Act 1988 has effect.
(7) Nothing in paragraph (1) shall affect the validity of a contract of any rights arising under or in relation to a contract.
[F3(8) In the application of this Article to a vehicle to which the motorcycle type approval Directive applies, any reference to a member State includes a reference to an EEA State.]]]