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Vehicle Excise and Registration Act 1994

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33 Not exhibiting licence.E+W+S+N.I.

(1)A person is guilty of an offence if—

(a)he uses, or keeps, on a public road a vehicle in respect of which vehicle excise duty is chargeable, and

(b)there is not fixed to and exhibited on the vehicle in the manner prescribed by regulations made by the Secretary of State a licence for, or in respect of, the vehicle which is for the time being in force.

[F1(1A)A person is guilty of an offence if—

(a)he uses, or keeps, on a public road an exempt vehicle,

(b)that vehicle is one in respect of which regulations under this Act require a nil licence to be in force, and

(c)there is not fixed to and exhibited on the vehicle in the manner prescribed by regulations made by the Secretary of State a nil licence for that vehicle which is for the time being in force.]

[F2(1B)A person is not guilty of an offence under subsection (1) or (1A) by using or keeping a vehicle on a public road during any of the 5 working days following the time when a licence or nil licence for the vehicle, or a relevant declaration applying to the vehicle, ceases to be in force, if an application for a licence or nil licence for or in respect of the vehicle to run from that time has been received before that time.

(1C)In subsection (1B) “working day” means any day other than—

(a)a Saturday or Sunday, or

(b)a day which is Christmas Eve, Christmas Day, Good Friday or a bank holiday under the Banking and Financial Dealings Act 1971 in any part of the United Kingdom.

(1D)For the purposes of subsection (1B)—

(a)there is a relevant declaration applying to a vehicle if the particulars and declaration required to be furnished and made by regulations under section 22(1D) have been furnished and made in relation to the vehicle in accordance with the regulations, and

(b)the relevant declaration ceases to be in force if, after the particulars and declaration have been furnished and made—

(i)the vehicle is used or kept on a public road (otherwise than under a trade licence), or

(ii)the period of 12 months beginning with the day on which the particulars and declaration were furnished and made expires.]

(2)A person guilty of an offence under subsection (1) [F3or (1A)] is liable on summary conviction to a fine not exceeding level 1 on the standard scale.

[F4(3)Subsections (1) and (1A)—

(a)have effect subject to the provisions of regulations made by the Secretary of State, and

(b)are without prejudice to sections 29 [F5, 31A] and 43A.]

[F6(4)The Secretary of State may make regulations prohibiting a person from exhibiting on a vehicle [F7which is kept or used on a public road] anything—

(a)which is intended to be, or

(b)which could reasonably be,

mistaken for a licence which is for, or in respect of, the vehicle and which is for the time being in force.]

[F8(5)The reference to a licence in subsection (4) includes a reference to a nil licence.]

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Amendments (Textual)

F1S. 33(1A) inserted (1.4.1998) by 1997 c. 16, s. 18, Sch. 3 para. 4(1); S.I. 1998/560, art. 2

F3Words in s. 33(2) inserted (1.4.1998) by 1997 c. 16, s. 18, Sch. 3 para. 4(2); S.I. 1998/560, art. 2

F4S. 33(3) substituted (1.4.1998) by 1997 c. 16, s. 18, Sch. 3 para. 4(3); S.I. 1998/560, art. 2

F5Words in s. 33(3)(b) inserted (19.12.2003) by Finance Act 2002 (c. 23), s. 19, Sch. 5 para. 10; S.I. 2003/3086, art. 2(a)

F6S. 33(4) inserted (29.4.1996) by 1996 c. 8, s. 23, Sch. 2 para. 10

F7Words in s. 33(4) substituted (1.4.1998) by 1997 c. 16, s. 18, Sch. 3 para. 4(4); S.I. 1998/560, art. 2

F8S. 33(5) inserted (1.4.1998) by 1997 c. 16, s. 18, Sch. 3 para. 4(5); S.I. 1998/560, art. 2

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