PART VMiscellaneous and Supplementary
Provisions relating to offences and legal proceedings
65Forgery and misuse of documents etc.
1
This section applies to the following documents and other things, namely—
a
a licence under Part II or III of this Act;
b
a certificate of initial fitness under section 6 of this Act;
c
a certificate under section 10 of this Act that a vehicle conforms to a type vehicle;
d
an operator's disc under section 18 of this Act;
e
a certificate under section 21 of this Act as to the repute, financial standing or professional competence of any person;
f
a document evidencing the appointment of a person as a certifying officer or public service vehicle examiner.
2
A person who, with intent to deceive—
a
forges or alters, or uses or lends to, or allows to be used by, any other person, a document or other thing to which this section applies, or
b
makes or has in his possession any document or other thing so closely resembling a document or other thing to which this section applies as to be calculated to deceive,
shall be liable—
i
on conviction on indictment, to imprisonment for a term not exceeding two years;
ii
on summary conviction, to a fine not exceeding the statutory maximum.
3
In the application of this section to England and Wales—
" forges " means forges within the meaning of the [1913 c. 27.] Forgery Act 1913 ;
"statutory maximum" means the prescribed sum within the meaning of section 28 of the [1977 c. 45.] Criminal Law Act 1977 (at the passing of this Act £1,000).
4
In the application of this section to Scotland—
"statutory maximum" means the prescribed sum within the meaning of section 289B of the [1975 c. 21.] Criminal Procedure (Scotland) Act 1975 (at the passing of this Act £1,000).
66False statements to obtain licence etc.
A person who knowingly makes a false statement for the purpose of—
a
obtaining the grant of a licence under Part II or III of this Act to himself or any other person, obtaining the variation of any such licence, preventing the grant or variation of any such licence or procuring the imposition of a condition or limitation in relation to any such licence;
b
obtaining the issue of a certificate of initial fitness under section 6 of this Act;
c
obtaining the issue of a certificate under section 10 of this Act that a vehicle conforms to a type vehicle;
d
obtaining the issue of an operator's disc under section 18 of this Act; or
e
obtaining the issue of a certificate under section 21 of this Act as to the repute, financial standing or professional competence of any person ;
shall be liable on summary conviction to a fine not exceeding £500.
67Penalty for breach of regulations
Subject to section 68(1) of this Act, if a person acts in contravention of, or fails to comply with, any regulations made by the Secretary of State under this Act (other than regulations made under section 44 thereof) and contravention thereof, or failure to comply therewith, is not made an offence under any other provision of this Act, he shall for each offence be liable on summary conviction to a fine not exceeding £50.
68Defences available to persons charged with certain offences
1
It shall be a defence for a person charged with an offence under any of the provisions of this Act mentioned in subsection (2) below to prove that there was a reasonable excuse for the act or omission in respect of which he is charged.
2
The provisions referred to in subsection (1) above are—
a
sections 19(5), 20(4), 24(2) and (3), 25(3), 26(2), 33(7), 40(6), 67 and 70(3); and
b
so much of section 22(9) as relates to contravention of section 22(1)(a).
3
It shall be a defence for a person charged with an offence under any of the provisions of this Act mentioned in subsection (4) below to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of any offence under that provision.
4
The provisions referred to in subsection (3) above are—
a
sections 6(2), 9(9)(b), 12(5), 16(7), 18(4), 26(2), 27(2), and 30(6) and (7); and
b
so much of section 22(9) as relates to contravention of section 22(1)(b).
69Restriction on institution in England and Wales of proceedings under Part II or III
1
Subject to the provisions of this section proceedings for an offence under Part II or III of this Act shall not, in England or Wales, be instituted except by or on behalf of the Director of Public Prosecutions or by a person authorised in that behalf by the traffic commissioners, a chief officer of police, or the council of a county or district.
2
Subsection (1) above shall not apply to proceedings for the breach of regulations having effect by virtue of section 25 or 26 of this Act.
3
Subsection (1) above shall not prevent the institution by or on behalf of the Secretary of State of proceedings for an offence under section 27 of this Act.
70Duty to give information as to identity of driver in certain cases
1
Where the driver of a vehicle is alleged to be guilty of an offence under Part II or III of this Act—
a
the person keeping the vehicle shall give such information as to the identity of the driver as he may be required to give by or on behalf of a chief officer of police, and
b
any other person shall if required as aforesaid give any information which it is in his power to give and may lead to the identification of the driver.
2
A person who fails to comply with the requirement of paragraph (a) of subsection (1) above shall, unless he shows to the satisfaction of the court that he did not know and could not with reasonable diligence ascertain who the driver of the vehicle was, be liable on summary conviction to a fine not exceeding £50.
3
Subject to section 68(1) of this Act, a person who fails to comply with the requirement of paragraph (b) of subsection (1) above shall be liable on summary conviction to a fine not exceeding £50.
71Evidence by certificate
1
In any proceedings in England or Wales for an offence under Part II or III of this Act a certificate in the prescribed form, purporting to be signed by a constable and certifying that the person specified in the certificate stated to the constable—
a
that a particular motor vehicle was being driven or used by, or belonged to, that person on a particular occasion ; or
b
that a particular motor vehicle on a particular occasion was used by or belonged to a firm in which that person also stated that he was at the time of the statement a partner; or
c
that a particular motor vehicle on a particular occasion was used by or belonged to a company of which that person also stated that he was at the time of the statement a director, officer or employee,
shall be admissible as evidence for the purpose of determining by whom the vehicle was being driven or used or to whom it belonged, as the case may be, on that occasion.
2
Nothing in subsection (1) above shall be deemed to make a certificate admissible as evidence in proceedings for an offence except in a case where and to the like extent to which oral evidence to the like effect would have been admissible in those proceedings.
3
Nothing in subsection (1) above shall be deemed to make a certificate admissible as evidence in proceedings for an offence—
a
unless a copy thereof has, not less than seven days before the hearing or trial, been served in the prescribed manner on the person charged with the offence; or
b
if that person, not later than three days before the hearing or trial or within such further time as the court may in special circumstances allow, serves a notice in the prescribed form and manner on the prosecutor requiring attendance at the trial of the person who signed the certificate.
4
In this section "prescribed" means prescribed by rules made by the Secretary of State by statutory instrument.
72Proof in summary proceedings of identity of driver of vehicle
Where on a summary trial in England or Wales of an information for an offence under Part II or III of this Act—
a
it is proved to the satisfaction of the court, on oath or in a manner prescribed by rules made under section 15 of the [1949 c. 101.] Justices of the Peace Act 1949, that a requirement under subsection (1) of section 70 of this Act to give information as to the identity of the driver of a particular vehicle on the particular occasion to which the information relates has been served on the accused by post; and
b
a statement in writing is produced to the court purporting to be signed by the accused that the accused was the driver of that vehicle on that occasion,
the court may accept that statement as evidence that the accused was the driver of that vehicle on that occasion.
73Time within which summary proceedings for certain offences must be commenced
Summary proceedings for an offence under section 65 or 66 of this Act may be brought within a period of six months from the date on which evidence sufficient in the opinion of the prosecutor to warrant the proceedings came to his knowledge; but no such proceedings shall be brought by virtue of this section more than three years after the commission of the offence.
For the purposes of this section a certificate signed by or on behalf of the prosecutor and stating the date on which such evidence as aforesaid came to his knowledge shall be conclusive evidence of that fact; and a certificate stating that matter and purporting to be so signed shall be deemed to be so signed unless the contrary is proved.
74Offences by companies
1
Where an offence under Part II or Part III of this Act committed by a company is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the company, or any person who was purporting to act in any such capacity, he, as well as the company, shall be guilty of that offence and be liable to be proceeded against and punished accordingly.
2
Where the affairs of a company are managed by its members, subsection (1) above shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the company.
75Destination of fines
There shall be paid into the Consolidated Fund all fines imposed in respect of offences committed in Scotland under the foregoing provisions of this Act or the regulations thereunder, except offences under section 26(2).