PART IITesting, Marking and Approval of Vehicles

Miscellaneous and supplemental

24Falsification of documents

(1)

The following section shall be substituted for section 171 of the 1972 Act (issue of false documents)—

“171Falsification of documents.

(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 170(6) 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 44(10A) or 46(5)(b) of this Act; or

(d)

a notice removing a prohibition under section 57 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.”.

(2)

In section 173(2) of that Act (seizure of documents etc. suspected of being false)—

(a)

for the words from " a certifying officer " to " this Act " there shall be substituted the words " a certifying officer or a public service vehicle examiner appointed under the M1Public Passenger Vehicles Act 1981, an examiner appointed under section 56 of this Act or an authorised inspector under section 8 of the Transport Act 1982 " .; and

(b)

in paragraph (b), after the words " plating certificates " there shall be inserted the words " notices removing prohibitions under section 57 of this Act ".

(3)

In Part I of Schedule 4 to the 1972 Act (prosecution and punishment of offences)—

(a)

in column one of the entry relating to section 171, for " 171 " there shall be substituted " 171(1) "; and

(b)

after that entry there shall be inserted the following entry—

“171(2)

Falsely amending certificate of conformity.

Summarily.

£500.

—

—

Section 180 applies.”.

(4)

The following section shall be inserted after section 66 of the 1981 Act—

“66AIssue of false documents.

(1)

If a person issues—

(a)

a certificate of initial fitness under section 6 of this Act; or

(b)

a notice removing a prohibition under section 9(1) of this Act;

which he knows to be false in a material particular, he shall be liable on summary conviction to a fine not exceeding £500.

(2)

If a constable, a certifying officer, a public service vehicle examiner or an authorised inspector has reasonable cause to believe that a document produced to him or carried on a vehicle by its driver is a document in relation to which an offence has been committed under this section, he may seize the document.

(3)

The power to seize a document under subsection (2) above includes power to detach a document carried on a vehicle from the vehicle.”.