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Transport Act 1985

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This is the original version (as it was originally enacted).

127Offences and legal proceedings

(1)Section 65 of the 1981 Act (forgery and misuse of documents) shall apply to the following documents, namely—

(a)a permit under section 19 or 22 of this Act; and

(b)a London local service licence.

(2)Section 66 of that Act (false statements to obtain licence, etc.) shall apply in relation to a false statement for the purpose of obtaining the grant of any such permit or licence as it applies in relation to a false statement for the purposes there mentioned.

(3)Section 67 of that Act (penalty for breach of regulations under that Act) shall have effect as if Parts I and II of this Act were contained in that Act.

(4)The defence provided by section 68(3) of that Act (that the person charged took all reasonable precautions and exercised all due diligence to avoid the commission of an offence under certain provisions of that Act) shall apply in relation to an offence under any of the following provisions of this Act, that is to say, sections 23(5), 30(2), 35(6) and 38(7).

(5)The provisions of that Act mentioned in subsection (6) below shall apply in relation to an offence, or (as the case may be) in relation to proceedings for an offence, under Part I or II of this Act as they apply in relation to an offence, or in relation to proceedings for an offence, under Part II of that Act.

(6)Those provisions are—

  • section 69 (restriction on institution in England or Wales of proceedings for an offence under Part II);

  • section 70 (duty to give information as to identity of driver in certain cases);

  • section 71 (evidence by certificate in proceedings in England or Wales for an offence under Part II);

  • section 72 (proof in summary proceedings in England or Wales of identity of driver of vehicle); and

  • section 74 (offences under Part II committed by companies).

(7)Section 75 of that Act (destination of fines in respect of certain offences committed in Scotland) shall have effect as if Part I of this Act were contained in provisions of that Act preceding section 75.

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