Section 22 Failure to fix, and obscuration of, marks and signs.E1

England and Wales

(1)

If any mark to be fixed F1. . . on a vehicle in accordance with section 19 . . . of this Act is not so fixed . . ., the person driving the vehicle, or, where the vehicle is not being driven, the person keeping the vehicle, shall be guilty of an offence:

Provided that it shall be a defence for a person charged under this subsection with failing to fix a mark on a vehicle to prove—

(a)

that he had no reasonable opportunity of registering the vehicle under this Act and that the vehicle was being driven on a public road for the purpose of being so registered; or

(b)

in a case where the charge relates to a vehicle to which F2section 47 of the Road Traffic Act 1988 applies by virtue of subsection (2)(b) thereof (vehicles manufactured before the prescribed period and used before registration), that he had no reasonable opportunity of so registering the vehicle and that the vehicle was being driven on a road for the purposes of or in connection with its examination under F3section 45 of the said Act of 1988 (examination for test certificates) in circumstances in which its use is exempted from the said section 47(1) by regulations under section 47(6) thereof.

(2)

If any mark fixed F4. . . on a vehicle as aforesaid is in any way obscured or rendered or allowed to become not easily distinguishable, the person driving the vehicle, or, where the vehicle is not being driven, the person keeping the vehicle, shall be guilty of an offence:

Provided that it shall be a defence for a person charged with such an offence to prove that he took all steps reasonably practicable to prevent the mark . . . being obscured or rendered not easily distinguishable.

C1(3)

Any person guilty of an offence under this section shall be liable on summary conviction—

(a)

if it is his first conviction of such an offence, to a fine not exceeding £20level three on the standard scale;

(b)

in any other case, to a fine not exceeding £50.

F5(4)

In its application to Northern Ireland, subsection (1) above shall have effect as if for paragraph (b) of the proviso there were substituted the following paragraph—

“(b)
in a case where the charge relates to a vehicle to which Article 34 of the Road Traffic (Northern Ireland) Order 1981 applies by virtue of paragraph (2)(b) thereof, that he had F6no reasonable opportunity of so registering the vehicle and that the vehicle was being driven on a road for the purposes of or in connection with its examination under Article 33 of the said Order of 1981 in circumstances in which its use is exempted from paragraph (1) of the said Article 34 by regulations under paragraph (5) thereof.””

Annotations

Textual amendments

F1: Words in s. 22(1) repealed (3.5.1994) by 1994 c. 9, s. 258, Sch. 26 Pt. I(3)
F2: Words substituted by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), s. 4, Sch. 3 para. 8(3)(a)
F3: Words substituted by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), s. 4, Sch. 3 para. 8(3)(b)
F4: Words in s. 22(2) repealed (3.5.1994) by 1994 c. 9, s. 258, Sch. 26 Pt. I(3)
F5: S. 22(4) added (1.10.1991) by Finance Act 1991 (c. 31, SIF 107:2), s. 10, Sch. 3, Pt. I para. 11; S.I. 1991/2021, art. 2
F6: Words in s. 22(4) (version of para. (b) of proviso to subsection (1)) substituted (3.5.1994) by 1994 c. 9, s. 5, Sch. 2 para. 10

Modifications

C1: Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 35 (in relation to liability on first and subsequent convictions), 38 (increase of fines) and 46 (substitution of references to levels on the standard scale) apply (E.W.) and (N.I.) by virtue of Finance Act 1991 (c. 31, SIF 107:2), s. 10(1) and S.I. 1984/703 (N.I. 3), arts. 5, 6, 9

Extent

E1: This version of this provision extends to England and Wales only; a separate version has been created for Scotland and Northern Ireland only.

Notes on the whole Act

Textual amendments

F1: Act repealed (1.9.1994) by 1994 c. 22, ss. 65, 66(1), Sch. 5 Pt. I (with s. 57(4))