Has the offence now ceased to exist? The latest radio advert for the DVLA on line service has words to the effect of " if you apply on line you can continue to drive with no risk pending arrival of disc".
Has this legitimised the old practice "Tax in the post" assuming that have actually applied!
p
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HJ -I understand that, but Failure to Display used to be the catch-all. But could it still be used if you fail the attitude test?
p
Edited by pmh2 on 31/01/2009 at 13:40
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I didn't read it properly as I had already bought the tax disc at the local post office, but I got a remider on the 29th that I think said you were okay to not display for the first 5 days of the month if you bought online.
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Got one in front of me.
If you apply on-line or over the home in the last few days of this month you will not be committing an offence if you do not display a tax disc for the first 5 working days of the next month. This is a new law, which gives time for the new tax disc to arrive in the post. This new law only applies if you made your application for a new tax disc before the current one or SORN ran out.
Goes on to say you have 14 days to tax or SORN vehicle in the next month providing the vehicle is kept off road.
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This is a new law which gives time for the new tax disc to arrive in the post. This new law only applies if you made your application for a new tax disc before the current one or SORN ran out.
Interesting since I dont think the radio advert makes any reference to the fact that the application must be made before the end of the month!
p
Edited by pmh2 on 31/01/2009 at 16:00
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martint123 yep that sounds like what I got in the post on thursday.
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They don't have small print on the radio ! - it was always a defence to show that you'd applied for it.
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They don't have small print on the radio ! - it was always a defence to show that you'd applied for it.
But not a cast-iron one! Back in 1978 I bought a new Honda 125 twin; dealer had registered it but when I went to collect it the disc had not arrived. He put a signed note in the disc holder stating this, I went to Nottingham the next day on the bike and came back to find a ticket on it; despite my protests it cost me £10 I think :-<
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Interestingly from Hansard.
Vehicle Excise Duty
Mr. Webb: To ask the Secretary of State for Transport what changes have been made to the enforcement of penalties for failure to display an up-to-date vehicle excise duty disc; and if he will make a statement. [146761]
Mr. Jamieson [holding answer 12 January 2004]; There are no changes to the penalties for the offence of failure to display a valid vehicle licence. Failure to display is normally enforced by fixed penalty.
A number of changes are being introduced to strengthen the enforcement of the requirement to license a vehicle (or to make a Statutory Off Road Notification (SORN) if a vehicle is being kept off the road). The registered keeper of a vehicle for which a licence or SORN has not been renewed one month after expiry is
14 Jan 2004 : Column 746W
now liable for a penalty of £80 (reduced to £40 if paid within 28 days of receiving the penalty notice). To ensure that vehicle keepers have sufficient notice to check that their vehicles are properly licensed, extensive publicity is being given to the changes including information leaflets to all registered keepers during the final month of licence validity. The first penalty notices are likely to be issued in March, in respect of vehicles for which licences have not been renewed from 1 January 2004.
In the most serious cases, vehicle keepers can also be prosecuted for the new offence of being the keeper of an unlicensed vehicle.
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now that all and sundry are seemingly empowered to issue Fixed Penalty Notices, i'm sure the goal posts have moved
but...
it always used to be the case that 'failing to display' was not bothered with or discontinued if it later transpired the vehicle was in fact taxed...because it was accepted that the offence was minor... and there for a bigger picture i.e. ensuring vehicles were taxed.
Now that everything can be applied for and checked on line you'd think the 'failure to display' offence would be less relevant... but that will presumably depend on the petty mindedness of minor officialdom.
I haven't displayed a tax disc on my m/c for over 8 years. The disc resides in my leather's pocket available for showing on demand... and the reason is to prevent theft and/or ruination in inclement weather.
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When Fixed Penalty tickets' range got extended back in the mid-eighties, I happened on, what would now by termed, a "pirate" edition of the Police guidance on their issue. Failure to display had a "VW" next to it (Verbal Warning) the first extended fixed penalty was actually issued for that very offence (nice bit of trivia!)
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Thats what I have on my list of FPN Pug......Verbal Warning.
Sect 147 Finanace Act 2008
A person is not guilty of an offence by using or keeping a vehicle on a public road during any of the 5 working days following the time when
a licence or nil licence for the vehicle, or
a relevant declaration applying to the vehicle, ceases to be in force,
if an application for a licence or nil licence for or in respect of the vehicle to run from that time has been received before that time.
?working day? means any day other than?
(a)a Saturday or Sunday, or
(b)a day which is Christmas Eve, Christmas Day, Good Friday or a bank holiday under the Banking and Financial Dealings Act 1971 in any part of the United Kingdom.
(1D)For the purposes of subsection (1B- opening para)?
(a)there is a relevant declaration applying to a vehicle if the particulars and declaration required to be furnished and made by regulations under section 22(1D - SORN) have been furnished and made in relation to the vehicle in accordance with the regulations, and
(b)the relevant declaration ceases to be in force if, after the particulars and declaration have been furnished and made?
(i)the vehicle is used or kept on a public road (otherwise than under a trade licence), or
(ii)the period of 12 months beginning with the day on which the particulars and declaration were furnished and made expires."
I like the way our legislators sneak these matters in other than under an Road Traffic SI that would immediately stand out. The Finance Act has 166 Sections and FORTY SIX Schedules.......phew
dvd
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I haven't displayed a tax disc on my m/c for over 8 years. The disc resides in my leather's pocket available for showing on demand... and the reason is to prevent theft and/or ruination in inclement weather.
I've also always used a photocopy on the bikes (and latterly the soft top car) with the original under the seat if needed (not in the last 12 years).
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