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Road Traffic Act 1988

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This is the original version (as it was originally enacted).

Forgery, false statements, etc.

173Forgery of documents, etc

(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,

(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,

(d)any plate containing plated particulars (within the meaning of Part II 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,

(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) or 117(2) of this Act, is issued as evidence of the result of a test of competence to drive,

(g)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 [S.I. 1973 / 2143.] 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, and

(l)any international road haulage permit.

(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.

174False statements and withholding material information

(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

(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

(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.

175Issue of false documents

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.

176Power to seize articles in respect of which offences under sections 173 to 175 may have been committed

(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 [1984 c. 27.] Road Traffic Regulation Act 1984, he may seize the document.

(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.

(4)If a constable, a certifying officer appointed under the [1981 c. 14.] Public Passenger Vehicles Act 1981 or an examiner appointed under section 68(1) 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 for the purposes of sections 68 to 72 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.

177Impersonation of, or of person employed by, authorised examiner

If a person, with intent to deceive, falsely represents himself to be, or to be employed by, a person authorised by the Secretary of State for the purposes of section 45 of this Act, he is guilty of an offence.

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