Section 38 Forgery of documents, etc.
England, Wales and Scotland
A person is guilty of an offence if, with intent to deceive, he—
forges, alters or uses a document or other thing to which this section applies;
lends to, or allows to be used by, any other person a document or other thing to which this section applies; or
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.
This section applies to the following documents and other things, namely—
any operator’s licence;
any document, plate, mark or other thing by which, in pursuance of regulations, a vehicle is to be identified as being authorised to be used, or as being used, under an operator’s licence;
any document evidencing the authorisation of any person for the purposes of sections 40 and 41;
any certificate of qualification under section 49; and
any certificate or diploma such as is mentioned in paragraph 13(1) F1or (1A) of Schedule 3.
A person guilty of an offence under subsection (1) is liable—
on summary conviction, to a fine not exceeding the statutory maximum;
on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.
In the application of subsection (1) to England and Wales, “forges” means makes a false document or other thing in order that it may be used as genuine.
Annotations
Textual amendments
- F1
Words in s. 38(2)(e) inserted (4.12.2011) by The Road Transport Operator Regulations 2011 (S.I. 2011/2632), reg. 1(1), Sch. 2 para. 12 (with Sch. 3 Pt. 2)