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Vehicle and Driving Licences Act 1969

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This is the original version (as it was originally enacted).

29Defence to charge of using or keeping vehicle where new licence pending

(1)In any proceedings for an offence under section 7 or section 8(3) of the Act of 1962 of using or keeping at any time on a public road a mechanically propelled vehicle for which no licence was then in force or, as the case may be, without a current licence being then fixed to and exhibited on the vehicle, it shall be a defence to prove that—

(a)while an expired licence for the vehicle was in force an application was duly made for a further licence for the vehicle to take effect from or before the expiration of the expired licence and for a period including the time in question; and

(b)the expired licence was at that time fixed to and exhibited on the vehicle in the manner prescribed in pursuance of the said section 8(3); and

(c)the period between the expiration of the expired licence and that time did not exceed fourteen days.

(2)In subsection (1) of this section " licence " means a vehicle licence other than a trade licence, and for the purposes of paragraph (a) of that subsection an application for a further licence is made when the application is received by the Minister.

(3)Accordingly, in subsection (1) of section 21 of the Civic Amenities Act 1967 (which relates to the disposal of abandoned vehicles)—

(a)any reference in paragraphs (a) and (b) to a current licence shall be construed as including a reference to a licence which was current during any part of the period of fourteen days ending with the day preceding that on which the removal of the vehicle in question took place; and

(b)the reference in paragraph (b) to the expiration of a licence shall be construed as a reference to the expiration of the period of fourteen days beginning with the day following that on which the licence expired,

and for the purposes of paragraph (c) of that subsection an expired licence shall be treated as still in force during the period of fourteen days beginning with the day following that on which it expired, and the reference in that paragraph to the expiration of the licence shall be construed accordingly.

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