Road Traffic Act 1988

Forgery, false statements, etc. E+W+S

173 Forgery of documents, etc. E+W+S

(1) A person who, with intent to deceive—

(a) forges, alters or uses a document or other thing to which this section applies, or

(b) lends to, or allows to be used by, any other person a document or other thing to which this section applies, or

(c) 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,

is guilty of an offence.

(2) This section applies to the following documents and other things—

(a) any licence under any Part of this Act [F1 or in the case of a licence to drive any counterpart of such licence,]

(aa) any counterpart of a [F2 Northern Ireland licence or] Community licence,

(b) any test certificate, goods vehicle test certificate, plating certificate, certificate of conformity or Minister’s approval certificate (within the meaning of Part II of this Act),

(c) any certificate required as a condition of any exception prescribed under section 14 of this Act,

[F3 (cc) any seal required by regulations made under section 41 of this Act with respect to speed limiters,]

(d) [F4 any plate containing particulars required to be marked on a vehicle by regulations under section 41 of this Act] or containing other particulars required to be marked on a goods vehicle by sections 54 to 58 of this Act or regulations under those sections,

[F5 (dd) any document evidencing the appointment of an examiner under section 66A of this Act,]

(e) any records required to be kept by virtue of section 74 of this Act,

(f) any document which, in pursuance of section 89(3) F6 . . .of this Act, is issued as evidence of the result of a test of competence to drive,

[F7 (ff) any document evidencing the successful completion of a driver training course provided in accordance with regulations under section 99ZA of this Act,]

(g) any [F8 certificate under section 133A or any] badge or certificate prescribed by regulations made by virtue of section 135 of this Act,

(h) any certificate of insurance or certificate of security under Part VI of this Act,

(j) any document produced as evidence of insurance in pursuance of Regulation 6 of the M1 Motor Vehicles (Compulsory Insurance) (No. 2) Regulations 1973,

(k) any document issued under regulations made by the Secretary of State in pursuance of his power under section 165(2)(a) of this Act to prescribe evidence which may be produced in lieu of a certificate of insurance or a certificate of security, F9 . . .

(l) any international road haulage permit. [F10 and

(m) a certificate of the kind referred to in section 34B(1) of the Road Traffic Offenders Act 1988.]

(3) In the application of this section to England and Wales “forges” means makes a false document or other thing in order that it may be used as genuine.

[F11 (4) In this section “counterpart”, [F12 “Community licence” and “Northern Ireland licence”] have the same meanings as in Part III of this Act]

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F1 Words inserted by S.I. 1990/144, regs. 2(1), 3, Sch. 1 para. 11(a)

F2 Words in s. 173(2)(aa) inserted (11.10.2004) by Crime (International Co-operation) Act 2003 (c. 32), ss. 91(1), 94, Sch. 5 para. 29(a); S.I. 2004/2624, art. 2(2)(b)

F3 S. 173(2)(cc) inserted (1.4.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 48, Sch. 4 para. 73(2); S.I. 1992/421, art. 2, Sch.

F4 Words in s. 173(2)(d) substituted (1.4.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 48, 84, Sch. 4 para. 73(3); S.I. 1992/421, art. 2, Sch.

F5 S. 173(2)(dd) inserted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 48, Sch. 4 para. 73(4); S.I. 1992/1286, art. 2, Sch.

F6 Words in s. 173(2)(f) repealed (1.4.1991) by Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22, SIF 107:1), ss. 7, 16, Sch. 3 para. 22, Sch. 6

F7 S. 173(2)(ff) substituted (24.9.2007) by Road Safety Act 2006 (c. 49), ss. 41(4), 61; S.I. 2007/2472, art. 2(l)

F8 Words in s. 173(2)(g) inserted (9.9.1996) by 1993 c. 31, s. 6, Sch. para. 9; S.I. 1996/1980, art. 2

F9 Word in s. 173(2)(k) repealed (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 83, Sch 8; S.I. 1992/1286, art. 2, Sch.

F10 S. 173(2)(m) and preceding word added (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 48, Sch. 4 para. 73(6); S.I. 1992/1286, art. 2, Sch.

F11 S. 173(4) substituted (23.7.1996 for specified purposes and otherwise 1.1.1996) by S.I. 1996/1974, reg. 2, Sch. 1 para. 32(3)

F12 Words in s. 173(4) substituted (11.10.2004) by Crime (International Co-operation) Act 2003 (c. 32), ss. 91(1), 94, Sch. 5 para. 29(b); S.I. 2004/2624, art. 2(2)(b)

Modifications etc. (not altering text)

C1 S. 173 applied with modifications by S.I. 1987/1378, reg. 25(3) (as amended by S.I. 1990/842, reg. 9)

C2 S. 173 applied (with modifications) (12.11.1999) by S.I. 1999/2864, reg. 80(5)(f)

Marginal Citations

M1 S.I. 1973/2143.

174 False statements and withholding material information. E+W+S

(1) A person who knowingly makes a false statement for the purpose—

(a) of obtaining the grant of a licence under any Part of this Act to himself or any other person, or

(b) of preventing the grant of any such licence, or

(c) of procuring the imposition of a condition or limitation in relation to any such licence, or

[F13 (ca) of obtaining a document evidencing the successful completion of a driver training course provided in accordance with regulations under section 99ZA of this Act, or]

(d) of securing the entry or retention of the name of any person in the register of approved instructors maintained under Part V of this Act, or

[F14 (dd) of obtaining the grant to any person of a certificate under section 133A of this Act, or]

(e) of obtaining the grant of an international road haulage permit to himself or any other person,

is guilty of an offence.

(2) A person who, in supplying information or producing documents for the purposes either of sections 53 to 60 and 63 of this Act or of regulations made under sections 49 to 51, 61, 62 and 66(3) of this Act—

(a) makes a statement which he knows to be false in a material particular or recklessly makes a statement which is false in a material particular, or

(b) produces, provides, sends or otherwise makes use of a document which he knows to be false in a material particular or recklessly produces, provides, sends or otherwise makes use of a document which is false in a material particular,

is guilty of an offence.

(3) A person who—

(a) knowingly produces false evidence for the purposes of regulations under section 66(1) of this Act, or

(b) knowingly makes a false statement in a declaration required to be made by the regulations,

is guilty of an offence.

(4) A person who—

(a) wilfully makes a false entry in any record required to be made or kept by regulations under section 74 of this Act, or

(b) with intent to deceive, makes use of any such entry which he knows to be false,

is guilty of an offence.

(5) A person who makes a false statement or withholds any material information for the purpose of obtaining the issue—

(a) of a certificate of insurance or certificate of security under Part VI of this Act, or

(b) of any document issued under regulations made by the Secretary of State in pursuance of his power under section 165(2)(a) of this Act to prescribe evidence which may be produced in lieu of a certificate of insurance or a certificate of security,

is guilty of an offence.

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F13 S. 174(1)(ca) inserted (24.9.2007) by Road Safety Act 2006 (c. 49), ss. 41(5), 61; S.I. 2007/2472, art. 2(l)

F14 S. 174(1)(dd) inserted (9.9.1996) by 1993 c. 31, s. 6, Sch. para. 10; S.I. 1996/1980, art. 2

X1 175 Issue of false documents. E+W+S

If a person issues—

(a) any such document as is referred to in section 174(5)(a) or (b) of this Act, or

(b) a test certificate or certificate of conformity (within the meaning of Part II of this Act),

and the document or certificate so issued is to his knowledge false in a material particular, he is guilty of an offence.

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Editorial Information

X1 S. 175 with subsections (1)–(3) substituted (prosp.) for s. 175 without subsections by Transport Act 1982 (c. 49, SIF 107:1), s. 24(1) (as amended (15.5.1989) by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), s. 4, Sch. 2 Pt. I para. 13(a))

[F15 175 Falsification of documents. E+W+S

(1) A person shall be guilty of an offence who issues—

(a) any such document as is referred to in paragraph (a) or (b) of section 174(5) of this Act;

(b) a test certificate, plating certificate, goods vehicle test certificate or certificate of conformity;

(c) a certificate of temporary exemption under regulations made under section 48(4) or 53(5)(b) of this Act; or

(d) a notice removing a prohibition under section 69 or 70 of this Act;

if the document or certificate so issued is to his knowledge false in a material particular.

(2) A person who amends a certificate of conformity shall be guilty of an offence if the certificate as amended is to his knowledge false in a material particular.

(3) Expressions used in subsections (1)(b) and (2) above have the same meanings as they respectively have for the purposes of Part II of this Act.]

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F15 S. 175 with subsections (1)–(3) substituted (prosp.) for s. 175 without subsections by Transport Act 1982 (c. 49, SIF 107:1), s. 24(1) (as amended (15.5.1989) by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), s. 4, Sch. 2 Pt. I para. 13(a))

176 Power to seize articles in respect of which offences under sections 173 to 175 may have been committed. E+W+S

(1) If a constable has reasonable cause to believe that a document produced to him—

(a) in pursuance of section 137 of this Act, or

(b) in pursuance of any of the preceding provisions of this Part of this Act,

is a document in relation to which an offence has been committed under section 173, 174 or 175 of this Act or under section 115 of the M2 Road Traffic Regulation Act 1984, he may seize the document.

[F16 (1A) Where a licence to drive or a counterpart of any such licence or of any [F17 Northern Ireland licence or] Community licence may be seized by a constable under subsection (1) above, he may also seize the counterpart, the licnce to drive or the [F17 Northern Ireland licence or]Community licence (as the case may be) produced with it.]

(2) When a document is seized under subsection (1) above, the person from whom it was taken shall, unless—

(a) the document has been previously returned to him, or

(b) he has been previously charged with an offence under any of those sections,

be summoned before a magistrates’ court or, in Scotland, the sheriff to account for his possession of the document.

(3) The court or sheriff must make such order respecting the disposal of the document and award such costs as the justice of the case may require.

[F18 (3A) An order under subsection (3) above respecting the disposal of a licence to drive or a counterpart of [F19 any such licence or [F20 of a Northern Ireland licence or] community licence] may include an order respecting the disposal of any document seized under subsection (1A) above.]

(4) If a constable, [F21 an examiner appointed under section 66A] of this Act has reasonable cause to believe that a document or plate carried on a motor vehicle or by the driver of the vehicle is a document or plate to which this subsection applies, he may seize it.

For the purposes of this subsection the power to seize includes power to detach from a vehicle.

(5) Subsection (4) above applies to a document or plate in relation to which an offence has been committed under sections 173, 174 or 175 of this Act in so far as they apply—

(a) to documents evidencing the appointment of examiners [F22 under s. 66A] of this Act, or

(b) to goods vehicle test certificates, plating certificates, certificates of conformity or Minister’s approval certificates (within the meaning of Part II of this Act), or

(c) to plates containing plated particulars (within the meaning of that Part) or containing other particulars required to be marked on goods vehicles by sections 54 to 58 of this Act or regulations made under them, or

(d) to records required to be kept by virtue of section 74 of this Act, or

(e) to international road haulage permits.

(6) When a document or plate is seized under subsection (4) above, either the driver or owner of the vehicle shall, if the document or plate is still detained and neither of them has previously been charged with an offence in relation to the document or plate under section 173, 174 or 175 of this Act, be summoned before a magistrates’ court or, in Scotland, the sheriff to account for his possession of, or the presence on the vehicle of, the document or plate.

(7) The court or sheriff must make such order respecting the disposal of the document or plate and award such costs as the justice of the case may require.

[F23 (8) In this section “counterpart”[F24 , “Community licence” and “Northern Ireland licence”] have the same meanings as in Part III of this Act.]

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F16 S. 176(1A) substituted (23.7.1996 for specified purposes and otherwise 1.1.1997) by s.I. 1996/1974, reg. 2, Sch. 1 para. 33(3)

F17 Words in s. 176(1A) inserted (11.10.2004) by Crime (International Co-operation) Act 2003 (c. 32), ss. 91(1), 94, Sch. 5 para. 30(a); S.I. 2004/2624, art. 2(2)(b)

F18 S. 176(3A) inserted by S.I. 1990/144, regs. 2(1), 3, Sch. 1 para. 12(b)

F19 Words in s. 176(3A) substituted (23.7.1996 for specified purposes and otherwise 1.1.1997) by S.I. 1996/1974, reg. 2, Sch. 1 para. 33(3)

F20 Words in s. 176(3A) inserted (11.10.2004) by Crime (International Co-operation) Act 2003 (c. 32), ss. 91(1), 94, Sch. 5 para. 30(b); S.I. 2004/2624, art. 2(2)(b)

F21 Words in s. 176(4) substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 48, Sch. 4 para. 74(2); S.I. 1992/1286, art. 2, Sch.

F22 Words in s. 176(5)(a) substituted (1.7.1992) by Road Traffic act 1991 (c. 40, SIF 107:1), s. 48, Sch. 4 para. 74(3); S.I. 1992/1286, art. 2, Sch.

F23 S. 176(8) substituted (23.7.1996 for specified purposes and otherwise 1.1.1997) by The Driving Licences (Community Driving Licence) Regulations 1996 (S.I. 1996/1974, reg. 2, Sch. 1 para. 33(4)

F24 Words in s. 176(8) inserted (11.10.2004) by Crime (International Co-operation) Act 2003 (c. 32), ss. 91(1), 94, Sch. 5 para. 30(c); S.I. 2004/2624, art. 2(2)(b)

Marginal Citations

M2 1984 c. 27.

[F25 177 Impersonation of authorised examiner, etc. E+W+S

A person is guilty of an offence if, with intent to deceive, he falsely represents himself—

(a) to be, or to be employed by, a person authorised in accordance with regulations made under section 41 of this Act with respect to the checking and sealing of speed limiters, or

(b) to be a person entitled under section 45 of this Act to carry out examinations of vehicles under that section.]

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F25 S. 177 substituted (11.4.2003) by 1999 c. 12, ss. 7(1), 9(2), Sch. para. 3; S.I. 2003/1095, art. 2