Vehicle Excise and Registration Act 1994

a period of a fixed number of months (not exceeding fifteen) running from the beginning of the month in which the licence first has effect,

in the case of a licence taken out on the first registration under this Act of a vehicle of such description as may be specified in the order, a period exceeding by such number of days (not exceeding thirty) as may be determined by or under the order the period for which the licence would otherwise have effect by virtue of subsection (1) or (2) or of an order under paragraph (a), or

in the case of a vehicle of such description (or of such description and used in such circumstances) as may be specified in the order, a period of less than one month.

may be made so as to apply only to vehicles of specified descriptions, and

may make different provision for vehicles of different descriptions or for different circumstances.

if it exceeds two and a half pence, shall be treated as five pence, and

otherwise, shall be disregarded.

a fixed number of months other than twelve, or

less than one month,

duties of excise (other than duties on imported goods),

the issue and cancellation of licences on which duties of excise are imposed, and

other matters (not being matters relating only to duties on imported goods),

make such a declaration, and

furnish such particulars,

the construction of the vehicle,

the vehicle’s plated gross weight or plated train weight (or, in Northern Ireland, relevant maximum weight or relevant maximum train weight) or, if the vehicle has no such weight, the vehicle’s weight when laden with the maximum load which it is constructed or adapted to carry, and

the use to which the vehicle has been or is likely to be put.

is issued for the vehicle specified in the application for the licence, and

does not entitle the person to whom it is issued to use or keep any other vehicle.

that the licence applied for is the appropriate licence for the vehicle specified in the application, and

in the case of an application for a licence for a vehicle purporting to be the first application for a licence for the vehicle, that a licence has not previously been issued for the vehicle.

the issue of a new vehicle licence in the place of a licence which is or may be lost, stolen, destroyed or damaged, and

the fee to be paid on the issue of a new licence.

appears to the Secretary of State to have been removed into the United Kingdom from a place outside the United Kingdom, and

is not already registered under this Act,

that any value added tax charged on the acquisition of the vehicle from another member State, or on any supply involving its removal into the United Kingdom, has been or will be paid or remitted,

that any value added tax or customs duty charged on the importation of the vehicle from a place outside the member States has been or will be paid or remitted, or

that no such tax or duty has been charged on the acquisition or importation of the vehicle or on any supply involving its removal into the United Kingdom.

issue a vehicle licence (a “temporary licence”) for fourteen days, or such other period as may be prescribed by regulations made by the Secretary of State, having effect from such day as may be so prescribed, and

from time to time issue a further temporary licence for the vehicle.

a person surrenders under subsection (2) a temporary licence issued pursuant to an application for a vehicle licence, and

a further vehicle licence issued pursuant to the application is either held by him at the time of the surrender of the temporary licence or received by him after that time,

a motor trader or vehicle tester, or

a person who satisfies the Secretary of State that he intends to commence business as a motor trader or vehicle tester,

all vehicles which are from time to time temporarily in his possession in the course of his business as a motor trader,

all vehicles kept and used by him solely for purposes of conducting research and development in the course of his business as such a manufacturer, and

all vehicles which are from time to time submitted to him by other manufacturers for testing on roads in the course of that business.

to use more than one vehicle at any one time,

to use a vehicle for any purpose other than a purpose prescribed by regulations made by the Secretary of State, or

except in such circumstances as may be so prescribed, to keep any vehicle on a road if it is not being used on the road.

the conditions subject to which trade licences are to be issued, and

the purposes for which the holder of a trade licence may use a vehicle by virtue of the licence.

a load which is carried solely for the purpose of testing or demonstrating the vehicle or any of its accessories or equipment and which is returned to the place of loading without having been removed from the vehicle except for that purpose or in the case of accident,

in the case of a vehicle which is being delivered or collected, a load consisting of another vehicle used or to be used for travel from or to the place of delivery or collection,

a load built in as part of the vehicle or permanently attached to it,

a load consisting of parts, accessories or equipment designed to be fitted to the vehicle and of tools for fitting them to the vehicle, or

a load consisting of a trailer other than a trailer which is for the time being a disabled vehicle.

for one calendar year,

for a period of six months beginning with the first day of January or of July, or

where subsection (2) applies, for a period of seven, eight, nine, ten or eleven months beginning with the first day of any month other than January or July.

is not a motor trader or vehicle tester (having satisfied the Secretary of State as mentioned in section 11(1)(b)), or

does not hold any existing trade licence.

the annual rate currently applicable to a vehicle under sub-paragraph (1)(c) of paragraph 2 of Schedule 1 if the licence is to be used only for vehicles to which that paragraph applies, and

otherwise, the annual rate currently applicable to a vehicle under paragraph 1(b) of Schedule 1.

fifty-five per cent. of the rate applicable to the corresponding trade licence taken out for a calendar year, and

one-sixth of the amount arrived at under paragraph (a) in respect of each month in the period in excess of six.

if it exceeds two and a half pence, shall be treated as five pence, and

otherwise, shall be disregarded.

the Secretary of State refuses an application for a trade licence by a person entitled to make such an application, and

the applicant, within the period prescribed by regulations made by the Secretary of State, requests him to review his decision,

the issue of a new trade licence in the place of a licence which is or may be lost, stolen, destroyed or damaged, and

the fee to be paid on the issue of a new licence.

a vehicle licence has been taken out for a vehicle at any rate of vehicle excise duty, and

at any time while the licence is in force the vehicle is used so as to subject it to a higher rate,

brings it within, or

if it was used solely in that condition, in that manner or for that purpose, would bring it within,

beginning with the date on which the higher rate of duty becomes chargeable, and

ending with the period for which the original licence was issued.

the amount of duty payable on the original licence, and

the amount of duty payable on a vehicle licence taken out for the period for which the original licence was issued but at the higher rate of duty.

beginning with the date on which the higher rate of duty becomes chargeable, and

ending with the period for which the original licence was issued,

where subsection (2) applies in relation to a tractive unit, by reason of the tractive unit being used in accordance with subsection (3),

where subsection (4) applies in relation to a tractive unit, by reason of the tractive unit being used in accordance with subsection (5), or

where subsection (6) applies in relation to a tractive unit, by reason of the tractive unit being used in accordance with subsection (7).

it is used with a semi-trailer with a single axle, and

when so used, the laden weight of the tractive unit and semi-trailer taken together does not exceed the maximum laden weight mentioned in subsection (2)(b)(i).

a vehicle licence for a tractive unit having two axles which is to be used only with semi-trailers with not fewer than three axles has been taken out for the tractive unit, and

it is used with a semi-trailer with two axles, and

when so used, the laden weight of the tractive unit and semi-trailer taken together does not exceed 33,000 kilograms.

a vehicle licence for a tractive unit having three or more axles which is to be used only with semi-trailers with not fewer than two axles has been taken out for the tractive unit, and

it is used with a semi-trailer with a single axle, and

when so used, the laden weight of the tractive unit and semi-trailer taken together does not exceed the maximum laden weight mentioned in subsection (6)(b)(i).

duty has been paid in respect of a vehicle at a rate applicable under Part VIII of Schedule 1, and

the vehicle is to a substantial extent being used for the conveyance of goods or burden belonging to a particular person (whether the person keeping the vehicle or not),

produce of agricultural land occupied by the other person, or

articles required for the purposes of such land.

that the use is only occasional,

that the goods conveyed for the other person represent only a small proportion of the total amount of goods which the vehicle is conveying on the occasion, and

that no payment or reward of any kind is, or is agreed to be, made or given for the conveyance of the goods of the other person.

as an agricultural tractor under Part IV of Schedule 1, or

as a farmer’s goods vehicle under Part VIII of that Schedule,

applies only in Northern Ireland, and

does not have effect in relation to a vehicle used for conveying any livestock which for the time being is part of the stock in trade of a dealer in cattle and is conveyed in the course of his business as such a dealer.

by the person by whom the vehicle was acquired from its manufacturer, in relation to the whole period since the registration of the vehicle, or

by any other person who is for the time being the keeper of the vehicle, in relation to the period since the vehicle was first kept by him,

goods are loaded on a relevant goods vehicle for transport between member States,

the vehicle is transported by rail between the nearest suitable rail loading station to the point of loading and the nearest suitable rail unloading station to the point of unloading, and

part of the rail transport of the vehicle takes place in the United Kingdom at a time when a vehicle licence for it is in force.

has a plated gross weight or plated train weight (or, in Northern Ireland, a relevant maximum weight or relevant maximum train weight) which exceeds 3,500 kilograms, or

does not have a plated gross weight or plated train weight (or relevant maximum weight or relevant maximum train weight) but has a design weight which exceeds 3,500 kilograms.

when and how a claim for a rebate under this section is to be made, and

the evidence to be provided in support of such a claim.

make provision with respect to the registration of vehicles (including, in particular, the form of and the particulars to be included in the register of trade licences),

require the Secretary of State to make with respect to registered vehicles the returns prescribed by the regulations,

provide for making any particulars contained in the register available for use by the persons prescribed by the regulations on payment, in cases so prescribed, of a fee of such amount as appears to the Secretary of State reasonable in the circumstances of the case,

require a person by or to whom any vehicle is sold or disposed of to furnish the particulars prescribed by the regulations in the manner so prescribed,

provide for the issue of registration documents in respect of the registration of a vehicle,

provide for the transfer, surrender and production of registration documents,

provide for the inspection of registration documents by the persons prescribed by the regulations, and

provide for the issue of new registration documents in place of registration documents which are or may be lost, stolen, destroyed or damaged.

extend any of the provisions as to registration (and provisions incidental to any of those provisions) to, and

provide for the identification of,

assign a registration mark to a vehicle to which another registration mark has previously been assigned,

assign to a vehicle (whether on its first registration or later) a registration mark previously assigned to another vehicle,

(whether or not in connection with an assignment within paragraph (a) or (b)) withdraw any registration mark for the time being assigned to a vehicle, and

re-assign to a vehicle a registration mark previously assigned to it but subsequently withdrawn.

the size, shape and character of registration marks to be fixed on any vehicle, and

the manner in which registration marks are to be displayed and rendered easily distinguishable (whether by day or by night).

make provision for assigning general registration marks to persons holding trade licences and (in particular) prescribe the registration marks to be carried by vehicles the use of which is authorised by a trade licence, and

make provision for the issue of trade plates to holders of trade licences and for the charging of a fee for the replacement of trade plates which are or may be lost, stolen, destroyed or damaged.

apply for such allocations, and

appear to the Secretary of State suitable to receive them,

as to the mode of application for the allocation of registration marks,

as to the transfer of registration marks allocated to a motor dealer in cases where the motor dealer dies or becomes incapacitated or bankrupt and in such other cases as may be prescribed by the regulations, and

as to the cancellation of allocations of registration marks.

restricting the circumstances in which a motor dealer may assign a registration mark to a vehicle,

securing that registration marks allocated to a motor dealer are assigned by him in such sequence as the Secretary of State considers appropriate and that no registration mark is assigned to a vehicle to which a registration mark has already been assigned, and

requiring a motor dealer to furnish to the Secretary of State within the period prescribed by the regulations such particulars in respect of each vehicle to which the motor dealer assigns a registration mark as are so prescribed.

the motor dealer, within the period prescribed by regulations made by the Secretary of State, requests him to review his decision,

the cancellation does not take effect before the end of the period prescribed by regulations made by the Secretary of State, and

where during that period the motor dealer requests the Secretary of State to review his decision, the cancellation does not take effect before the Secretary of State gives notice in writing of the result of the review to the motor dealer.

delivering it to him,

leaving it at his proper address, or

sending it to him by post;

provide for a charge prescribed by the regulations to be made for the inspection and for the whole or part of the charge to be retained whether or not the mark is assigned as requested.

making an assignment, or

arranging for a vehicle to be inspected.

in that person’s name, or

in the name of some other person nominated by him in accordance with the regulations.

for the manner in which an application for the grant of such a right (a“right of retention”) is to be made to the Secretary of State,

for the payment of a fee prescribed by the regulations on the making of such an application and for the whole or part of the fee to be retained whether or not the application is granted,

for requiring the vehicle to which the registration mark is for the time being assigned to be made available for inspection at a place designated by or under the regulations,

for authorising the Secretary of State to refuse such an application on such grounds as he thinks fit,

with respect to the manner in which rights of retention are to be exercisable,

for rights of retention to be non-transferable (but without prejudice to the vesting of any such right in a person by operation of law),

with respect to the conditions which must be satisfied before a registration mark may be assigned to a vehicle pursuant to a right of retention,

for allowing a person to be nominated when an application for the grant of a right of retention is made or to be nominated at a later time,

for allowing a different person to be nominated in place of a person already nominated,

for the manner in which a nomination is to be made and for the payment of a fee prescribed by the regulations where a nomination is made in circumstances so prescribed, and

for the payment, in connection with the assignment of a registration mark pursuant to a right of retention, of such charge as is for the time being prescribed by virtue of section 25(1).

the fee prescribed by virtue of paragraph (b) of subsection (2) in relation to an application for that right may include an amount representing the charge for which provision could have been made by virtue of paragraph (m) of that subsection, and

the regulations may provide for the part of any such fee which represents a charge for which provision could have been so made to be retained, except where conditions prescribed by the regulations are fulfilled, whether or not there is an assignment.

have never been assigned to a vehicle, or

have been assigned to a vehicle but (as a result of having been subsequently withdrawn) are not for the time being so assigned,

with respect to the manner in which relevant rights are to be exercisable,

for relevant rights to be exercisable only on a single occasion falling within a period prescribed by the regulations (subject to any provision made by virtue of paragraph (f)),

for relevant rights to be non-transferable (but without prejudice to the vesting of any such right in a person by operation of law),

with respect to the conditions which must be satisfied before a registration mark may be assigned to a vehicle pursuant to a relevant right,

for allowing a person to be nominated when a relevant right is acquired or to be nominated at a later time,

for allowing a different person to be nominated in place of a person already nominated,

for the manner in which a nomination is to be made and for the payment of a fee prescribed by the regulations where a nomination is made in circumstances so prescribed,

for the payment, in connection with the assignment of a registration mark pursuant to a relevant right, of such charge as is for the time being prescribed by virtue of section 25(1), and

for so much of any sum paid by virtue of paragraph (a) in respect of the assignment of a registration mark to be retained, except where conditions prescribed by the regulations are fulfilled, whether or not there is such an assignment.

are given authority (whether irrevocable or otherwise) to act on his behalf in offering for sale, and entering into agreements for the sale of, relevant rights in the case of such registration marks, and during such periods, as he may determine,

are required to account to him for sums due to him under such agreements (whether they have received any amounts due from the purchasers under the agreements or not), and

may become entitled or subject to such rights or liabilities of the Secretary of State in connection with such agreements as may be prescribed by the regulations.

as to the persons by whom and the times at which engines and bodies of vehicles are to be marked,

as to the form of any mark and the manner and position in which it is to be made, and

for requiring particulars of marks made under the regulations to be furnished to the Secretary of State.

level 3 on the standard scale, or

five times the amount of the vehicle excise duty chargeable in respect of the vehicle,

an application is made for a vehicle licence for any period, and

a temporary licence is issued pursuant to the application,

the date on which the offence was committed, or

if the prosecution so elect, the date when a vehicle licence for it was last issued,

ending with the date on which the offence was committed, and

beginning as provided by subsections (2) to (4).

the date on which the notification was received by the Secretary of State, or

the expiry of the vehicle licence last in force for the vehicle,

the expiry of the vehicle licence last in force for the vehicle before the date on which the offence was committed, or

if there has not at any time before that date been a vehicle licence in force for the vehicle, the date on which the vehicle was first kept by the person convicted.

the person convicted has been ordered to pay an amount under section 30 on the occasion of a previous conviction for an offence in respect of the same vehicle, and

that offence was committed after the date specified in subsection (2) or (3) as the date with which the relevant period begins,

that throughout any month or part of a month in the relevant period the vehicle was not kept by him, or

that he has paid the duty due (or an amount equal to the duty due) in respect of the vehicle for any such month or part of a month,

its surrender, and

its being treated as no longer in force for the purposes of subsection (2) of section 29 by subsection (4) of that section.

an order under section 1A of the M2Powers of Criminal Courts Act 1973 discharging him absolutely or conditionally,

an order under section 383 of the M3Criminal Procedure (Scotland) Act 1975 discharging him absolutely or under section 384 of that Act placing him on probation, or

an order under the M4Probation Act (Northern Ireland) 1950 discharging him absolutely or conditionally or placing him on probation,

in England and Wales, the sum is to be treated as a fine, and the order as a conviction, for the purposes of Part III of the M5Magistrates’ Courts Act 1980 (including any enactment having effect as if contained in that Part) and of any other enactment relating to the recovery or application of sums ordered to be paid by magistrates’ courts,

in Scotland, the sum is to be treated as a fine, and the order as a conviction, for the purposes of any enactment relating to the recovery or application of sums ordered to be paid by courts of summary jurisdiction, and

in Northern Ireland, the sum is recoverable as a sum adjudged to be paid by a conviction and is to be treated for all purposes as a fine within the meaning of section 20 of the M6Administration of Justice Act (Northern Ireland) 1954.

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

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.

has effect subject to the provisions of regulations made by the Secretary of State, and

is without prejudice to section 29.

uses at any one time on a public road a greater number of vehicles (not being vehicles for which vehicle licences are for the time being in force) than he is authorised to use by virtue of the trade licence or licences,

uses a vehicle (not being a vehicle for which a vehicle licence is for the time being in force) on a public road for any purpose other than a purpose which has been prescribed under section 12(2)(b), or

uses the trade licence, or any of the trade licences, for the purposes of keeping on a public road in any circumstances other than circumstances which have been prescribed under section 12(1)(c) a vehicle which is not being used on that road.

level 3 on the standard scale, or

five times the amount of the vehicle excise duty chargeable in respect of (in the case of an offence under subsection (1)(a)) the vehicles which he is not authorised to use or (in the case of an offence under subsection (1)(b) or (c)) the vehicle concerned,

in the case of a vehicle licence, was applicable to a vehicle of the description specified in the application, or

in the case of a trade licence, was applicable to a vehicle falling within paragraph 1(b) of Schedule 1 (or to a vehicle falling within sub-paragraph (1)(c) of paragraph 2 of that Schedule if the licence was to be used only for vehicles to which that paragraph applies).

beginning with the first day of the period for which the licence was applied for or, if later, the day on which the licence first was to have effect, and

a vehicle licence has been taken out for a vehicle at any rate of vehicle excise duty,

at any time while the licence is in force the vehicle is so used that duty at a higher rate becomes chargeable in respect of the licence for the vehicle under section 15, and

duty at that higher rate was not paid before the vehicle was so used,

level 3 on the standard scale (or, in Scotland, the statutory maximum), or

five times the difference between the duty actually paid on the licence and the amount of the duty at the higher rate,

the rate of duty at which the licence in relation to which the offence was committed was taken out, and

the relevant higher rate of duty (within the meaning of section 39) in relation to the vehicle,

at the time of the offence the vehicle had a plated gross weight or plated train weight (or, in Northern Ireland, a relevant maximum weight or relevant maximum train weight) which exceeded that which it had when the licence in relation to which the offence was committed was taken out, and

the licence was taken out at the rate applicable to the previous weight,

the vehicle is a tractive unit,

the offence consisted in using the vehicle with a semi-trailer with a smaller number of axles,

the licence in relation to which the offence was committed was taken out at a rate applicable, by virtue of paragraph 13 of Schedule 1, to a weight lower than the plated gross weight or plated train weight (or, in Northern Ireland, relevant maximum weight or relevant maximum train weight) of the vehicle, and

the offence consisted in using the vehicle in contravention of a condition imposed under or by virtue of sub-paragraph (2) of that paragraph,

the licence in relation to which the offence was committed was taken out at a rate lower than that applicable to it by reference to its plated gross weight or plated train weight (or, in Northern Ireland, relevant maximum weight or relevant maximum train weight), and

none of subsections (2) to (4) apply,

the licence in relation to which the offence was committed was taken out at a rate lower than that at which duty was chargeable in respect of the condition, manner or purpose of use of the vehicle which constituted the offence, and

none of subsections (2) to (5) apply,

ending with the date on which the offence was committed, and

beginning as provided by subsection (2) or (3).

that throughout any month or part of a month in the relevant period the vehicle was not kept by him, or

that he has paid the duty due (or an amount equal to the duty due) at the relevant higher rate in respect of the vehicle for any such month or part of a month,

an order under section 1A of the M8Powers of Criminal Courts Act 1973 discharging him absolutely or conditionally,

an order under section 182 or 383 of the M9Criminal Procedure (Scotland) Act 1975 discharging him absolutely or under section 183 or 384 of that Act placing him on probation, or

an order under the M10Probation Act (Northern Ireland) 1950 discharging him absolutely or conditionally or placing him on probation,

in England and Wales, the sum is to be treated as a fine, and the order as a conviction, for the purposes of Part III of the M11Magistrates’ Courts Act 1980 (including any enactment having effect as if contained in that Part) and of any other enactment relating to the recovery or application of sums ordered to be paid by magistrates’ courts,

in Scotland, the sum is to be treated as a fine, and the order as a conviction, for the purposes of any enactment relating to the recovery or application of sums ordered to be paid by courts of summary jurisdiction, and

in Northern Ireland, the sum is recoverable as a sum adjudged to be paid by a conviction and is to be treated for all purposes as a fine within the meaning of section 20 of the M12Administration of Justice Act (Northern Ireland) 1954.

he had no reasonable opportunity to register the vehicle under this Act, and

the vehicle was being driven for the purpose of being so registered.

to which section 47 of the M13Road Traffic Act 1988 applies by virtue of subsection (2)(b) of that section, or

to which Article 34 of the M14Road Traffic (Northern Ireland) Order 1981 applies by virtue of paragraph (2)(b) of that Article,

it is being driven for the purposes of, or in connection with, its examination under section 45 of the M15Road Traffic Act 1988 in circumstances in which its use is exempted from subsection (1) of section 47 of that Act by regulations under subsection (6) of that section, or

it is being driven for the purposes of, or in connection with, its examination under Article 33 of the Road Traffic (Northern Ireland) Order 1981 in circumstances in which its use is exempted from paragraph (1) of Article 34 of that Order by regulations under paragraph (5) of that Article.

obscured, or

rendered, or allowed to become, not easily distinguishable,

a vehicle licence,

a trade licence,

a document in the form of a licence which is issued in pursuance of regulations under this Act in respect of a vehicle which is an exempt vehicle under paragraph 19 of Schedule 2,

a registration mark,

a registration document, and

a trade plate (including a replacement trade plate).

on summary conviction, to a fine not exceeding the statutory maximum, and

on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or (except in Scotland) to both.

an application for a vehicle licence or a trade licence,

a claim for a rebate under section 20, or

an application for an allocation of registration marks,

is required by regulations under this Act to be made in respect of a vehicle which is an exempt vehicle under paragraph 19 of Schedule 2, and

to his knowledge is either false or in any material respect misleading,

is required by this Act to furnish particulars relating to, or to the keeper of, a vehicle, and

furnishes particulars which to his knowledge are either false or in any material respect misleading,

on summary conviction, to a fine not exceeding the statutory maximum, and

on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or (except in Scotland) to both.

the person keeping the vehicle shall give such information as he may be required to give in accordance with subsection (7) as to the identity of the driver of the vehicle or any person who used the vehicle, and

any other person shall give such information as it is in his power to give and which may lead to the identification of the driver of the vehicle or any person who used the vehicle if he is required to do so in accordance with subsection (7).

the person keeping the vehicle shall give such information as he may be required to give in accordance with subsection (7) as to the identity of the person who kept the vehicle on the road, and

any other person shall give such information as it is in his power to give and which may lead to the identification of the person who kept the vehicle on the road if he is required to do so in accordance with subsection (7).

a chief officer of police or, in Northern Ireland, the Chief Constable of the Royal Ulster Constabulary, or

the Secretary of State.

section 29, 34 or 37, or

regulations under this Act,

stating that the Secretary of State’s approval is given for the institution by a constable of any proceedings specified in the certificate, and

signed by or on behalf of the Secretary of State,

stating the date on which evidence such as is mentioned in subsection (2) came to the knowledge of the Secretary of State or a constable, and

signed by or on behalf of the Secretary of State or constable,

including a statement such as is mentioned in paragraph (a) of subsection (4) or (5), and

purporting to be signed as mentioned in paragraph (b) of the subsection concerned,

section 145 (which would require such proceedings to be instituted by order of the Secretary of State and certain such proceedings to be commenced in the name of an officer of his), and

section 146A (which would impose time-limits for bringing such proceedings).

section 29, 34, 37, 44 or 45, or

regulations under this Act,

in the case of proceedings instituted by the procurator fiscal as a result of information supplied to him by the Secretary of State, at any time within six months from the date on which the information came to the knowledge of the Secretary of State, and

in any other case, at any time within six months from the date on which evidence sufficient in the opinion of the person instituting the proceedings to justify the proceedings came to his knowledge;

stating the date on which information such as is mentioned in subsection (4)(a) came to the knowledge of the Secretary of State, and

signed by or on behalf of the Secretary of State,

stating the date on which evidence such as is mentioned in subsection (4)(b) came to the knowledge of the person instituting the proceedings, and

signed by or on behalf of that person,

including a statement such as is mentioned in paragraph (a) of subsection (5) or (6), and

purporting to be signed as mentioned in paragraph (b) of the subsection concerned,

the driver of, or a person who used, that vehicle, or

the person who kept that vehicle on a road,

on oath, or

a part of the records maintained by the Secretary of State in connection with any functions exercisable by him under or by virtue of this Act,

a copy of a document forming part of those records, or

a note of any information contained in those records,

in England and Wales, have the same meanings as in section 10(1) of the M20Civil Evidence Act 1968,

in Scotland, have the same meanings as in section 17(3) of the M21Law Reform (Miscellaneous Provisions) (Scotland) Act 1968, and

in Northern Ireland, have the same meanings as in section 6(1) of the M22Civil Evidence Act (Northern Ireland) 1971.

in England and Wales, in accordance with section 10(2) of the M23Civil Evidence Act 1968,

in Scotland, in accordance with section 17(4) of the M24Law Reform (Miscellaneous Provisions) (Scotland) Act 1968, and

in Northern Ireland, in accordance with section 6(2) of the M25Civil Evidence Act (Northern Ireland) 1971.

an offence under section 29, or

an offence under section 102 of the M28Customs and Excise Management Act 1979 in relation to a vehicle licence or a trade licence,

in a case within subsection (1)(a), under section 30, or

in a case within subsection (1)(b), under section 36.

section 12(2) of the M29Magistrates’ Courts Act 1980, or

Article 24(2) of the M30Magistrates’ Courts (Northern Ireland) Order 1981,

may make different provision for different cases or circumstances, and

may contain such incidental, consequential and supplemental provisions as the Secretary of State considers expedient for the purposes of the regulations.

may make different provision for different parts of the United Kingdom, and

may provide for exemptions from any provision of the regulations.

is to be in such form, and

is to contain such particulars,

in the case of regulations prescribed by regulations made by the Secretary of State as regulations to which this paragraph applies, level 3 on the standard scale, and

in any other case, level 2 on the standard scale.

in the case of regulations under section 24, level 1 on the standard scale, and

in the case of regulations under section 28, level 3 on the standard scale.

in the case of a trailer which may lawfully be used in Great Britain without a Ministry plate (within the meaning of regulations under section 41 or 49 of the M33Road Traffic Act 1988), to the maximum laden weight at which the trailer may lawfully be used in Great Britain, and

otherwise, to the weight which is the maximum gross weight which may not be exceeded in Great Britain for the vehicle or trailer as indicated on the appropriate plate.

where a Ministry plate (within the meaning of regulations under section 41 or 49 of the Road Traffic Act 1988) has been issued, or has effect as if issued, for the vehicle or trailer following the issue or amendment of a plating certificate (within the meaning of Part II of that Act), that plate,

where paragraph (a) does not apply but such a certificate is in force for the vehicle or trailer, that certificate, and

where neither paragraph (a) nor paragraph (b) applies but the vehicle or trailer has been equipped with a plate in accordance with regulations under section 41 of the Road Traffic Act 1988, that plate.

where it is required by regulations under Article 28 of the M34Road Traffic (Northern Ireland) Order 1981 to have the maximum gross weight in Great Britain for it marked on a plate attached to it, to the maximum gross weight in Great Britain marked on the plate,

where regulations under that Article do not apply to it but the maximum gross weight in Great Britain is marked by the same means as would be required by those regulations if they did apply to it, to the maximum gross weight in Great Britain so marked, and

otherwise, to its notional maximum gross weight ascertained in accordance with the M35Goods Vehicles (Ascertainment of Maximum Gross Weights) Regulations (Northern Ireland) 1976 (or any regulations replacing those Regulations, whether with or without amendments).

in England and Wales and Scotland, has the same meaning as it has for the purposes of the M36Road Traffic Act 1988 by virtue of section 190 of that Act, and

in Northern Ireland, has the same meaning as it has for the purposes of the M37Road Traffic (Northern Ireland) Order 1981 by virtue of Article 2(3) of that Order.