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Serious Organised Crime and Police Act 2005

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151Power of constables etc. to require production of registration documents in respect of a vehicleE+W+S+N.I.

This section has no associated Explanatory Notes

After section 28 of the Vehicle Excise and Registration Act 1994 (c. 22) insert—

Power of constables etc. to require production of documentsE+W+S+N.I.
28APower of constables etc. to require production of registration documents

(1)A person using a vehicle in respect of which a registration document has been issued must produce the document for inspection on being so required by—

(a)a constable, or

(b)a person authorised by the Secretary of State for the purposes of this section (an “authorised person”).

(2)An authorised person exercising the power conferred by subsection (1) must, if so requested, produce evidence of his authority to exercise the power.

(3)A person is guilty of an offence if he fails to comply with subsection (1).

(4)Subsection (3) does not apply if any of the following conditions is satisfied.

(5)The first condition is that—

(a)the person produces the registration document, in person, at a police station specified by him at the time of the request, and

(b)he does so within 7 days after the date on which the request was made or as soon as is reasonably practicable.

(6)The second condition is that—

(a)the vehicle is subject to a lease or hire agreement,

(b)the vehicle is not registered in the name of the lessee or hirer under that agreement and is not required to be so registered,

(c)the person produces appropriate evidence of the agreement to the constable or authorised person at the time of the request or he produces such evidence in person, at a police station specified by him at the time of the request—

(i)within 7 days after the date of the request, or

(ii)as soon as is reasonably practicable, and

(d)the person has reasonable grounds for believing, or it is reasonable for him to expect, that the person from whom the vehicle has been leased or hired is able to produce, or require the production of, the registration document.

(7)In subsection (6)(c) “appropriate evidence” means—

(a)a copy of the agreement, or

(b)such other documentary evidence of the agreement as is prescribed in regulations under this section.

(8)The third condition is that any exception prescribed in regulations under this section is met.

(9)Where a requirement is imposed under subsection (1) by an authorised person, a testing station provided under section 52(2) of the Road Traffic Act 1988 may be specified under subsection (5)(a) or (6)(c) instead of a police station.

(10)A person accused of an offence under this section is not entitled to the benefit of an exception conferred by or under this section unless evidence is adduced that is sufficient to raise an issue with respect to that exception, but where evidence is so adduced it is for the prosecution to prove beyond reasonable doubt that the exception does not apply.

(11)A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 2 on the standard scale.

(12)The Secretary of State may make regulations—

(a)prescribing descriptions of evidence for the purposes of subsection (7);

(b)prescribing, varying or revoking exceptions for the purposes of subsection (8).

(13)In this section “registration document” means a registration document issued in accordance with regulations under section 22(1)(e).

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Commencement Information

I1S. 151 in force at 1.7.2005 by S.I. 2005/1521, art. 3(1)(u)

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