[TABLE="width: 100%"] [TR] [/TR] [TR] [TD] 165.—(1) Any of the following persons— (a) a person driving a motor vehicle (other than an invalid carriage) on a road, or (b) a person whom a constable has reasonable cause to believe to have been the driver of a motor vehicle (other than an invalid carriage) at a time when an accident occurred owing to its presence on a road, or (c) a person whom a constable has reasonable cause to believe to have committed an offence in relation to the use on a road of a motor vehicle (other than an invalid carriage), must, on being so required by a constable, give his name and address and the name and address of the owner of the vehicle and produce the following documents for examination. (2) Those documents are— (a) the relevant certificate of insurance or certificate of security (within the meaning of Part VI of this Act), or such other evidence that the vehicle is not or was not being driven in contravention of section 143 of this Act as may be prescribed by regulations made by the Secretary of State, (b) in relation to a vehicle to which section 47 of this Act applies, a test certificate issued in respect of the vehicle as mentioned in subsection (1) of that section, and (c) in relation to a goods vehicle the use of which on a road without a plating certificate or goods vehicle test certificate is an offence under section 53(1) or (2) of this Act, any such certificate issued in respect of that vehicle or any trailer drawn by it. (3) Subject to subsection (4) below, a person who fails to comply with a requirement under subsection (1) above is guilty of an offence. (4) A person shall not be convicted of an offence under subsection (1) above by reason only of failure to produce any certificate or other evidence to a constable if in proceedings against him for the offence he shows that— (a) within seven days after the date on which the production of the certificate or other evidence was required it was produced at a police station that was specified by him at the time when its production was required, or (b) it was produced there as soon as was reasonably practicable, or (c) it was not reasonably practicable for it to be produced there before the day on which the proceedings were commenced, and for the purposes of this subsection the laying of the information or, in Scotland, the service of the complaint on the accused shall be treated as the commencement of the proceedings. (5) A person— (a) who supervises the holder of a provisional licence granted under Part III of this Act while the holder is driving on a road a motor vehicle (other than an invalid carriage), or (b) whom a constable has reasonable cause to believe was supervising the holder of such a licence while driving, at a time when an accident occurred owing to the presence of the vehicle on a road or at a time when an offence is suspected of having been committed by the holder of the provisional licence in relation to the use of the vehicle on a road, must, on being so required by a constable, give his name and address and the name and address of the owner of the vehicle. (6) A person who fails to comply with a requirement under subsection (5) above is guilty of an offence. (7) In this section "owner" , in relation to a vehicle which is the subject of a hiring agreement, includes each party to the agreement.[/TD] [/TR] [TR] [TD="width: 20%"] Powers of certifying officers and examiners as respects goods vehicles. [/TD] [/TR] [/TABLE] Sub section 4 is the clue you commit the offence but its not pursued if within the 7 days you produce.....
never once had a problem with being stopd for spot check, sniff my breath,look at my eyeballs get all dangerous drivers off the road. you wind down window and say hello mate, response is usually "am no yer mate ok!". i can appreciate they deal with crime all day.but i am not a criminal until proven guilty of something. (guess whos been stopped several times recently). coming from the horses mouth ie the retired police mate of mine 25 years in force knows exactly ware the general attitude towards the police stems from. there own shortcomings.
I recently changed my bike and when it was delivered I asked where the tax was ( Thinking that the dealer had either forgot the tax disc or forgot to tax it ! ) Delivery guy said that the bike was registered, that it was taxed and it was fully legal to ride the bike WITHOUT the tax disk until it arrived, which in my case took around a week. He then when going through the documents gave me a registration letter which all new vehicles appear to have these days and it did have reference to the tax disc being sent out by dvlc and that it was ok to use the vehicle. How can you ride around in this case legally without showing a disc yet you cannot if you do have your vehicle taxed but haven't fitted the disc yet.
As usual, another piece of p*ss poorly drafted UK legislation.......... ......nowhere does it state that licence and documents have to be carried, but they have to be produced (within seven days) if an officer requests production....... Effectively the legislation presumes guilt if they can't be produced even though it is not law to have them on your person. With regard to the tax disc......From: https://www.gov.uk/tax-disc 'You have 14 days before you need to display the new disc if you applied before your old disc expired.' So depending on when the OP applied for his tax disc, IE, last day of August; he hasn't committed an offence for non-display.....Yet. AL
again with the advent of computer systems they recently changed the rules specifically for this...........
A few months back i was pulled over in one of these road side checks the police do. The asked for my licence check reg, tax, insurance etc and was all good, had a little chat and joke, then they were more interested in the lovely lady they had pull over also, so i asked them if i could go as I was on the way to work, and he didn't like that, but nothing happen but he took his time in giving my licence back and before letting me leave.
Some people seem to be missing the point here... Yes I am I guess guilty like many more to not be displaying my road tax ( I once had one stolen off an earlier bike and had so many problems with it it was untrue) My Argument is, I actually, physically had a valid tax disc at home, which I was fully prepared to produce, .. So it appeared from there on he was being very unreasonable especially when he even refused me getting all the paperwork and taking them in.. He finally hit me with the " but I wouldn't personally take all that paperwork around myself" I think it was a squad car that initially flagged me and they then sent a patrol car to pull me over.. and no I was not speeding etc.. Really all I ask is that the same law should apply to all, regardless of if you happen to be wearing a certain badge or not..
well it does in sub section 1, "must produce" etc but i havn't got it on me...... well then, sub section 4 applies...........
My last run in with the Law was stopped for speeding down a country land but I was only doing 45 and it was a 60 limit. Turns out it was a temp 30 but as there was no pavement the sign was in the bushes. It was night time and there was no one on the road anyway Twat still gave me 3 points etc, he did not have vascar evidence but did me over a quarter mile using his speedo. I later questioned how accurate the speedo was as they are suppose to calibrate over a know measured mile. Turns out this speedo had not ben calibrated for 3 years. But for me to contest it meant a trip to the Isle or Wight including obvious ferry crossing and a night in a hotel or B&B so £60 was cheapest option Now I just don't stop for the fuckers!
You would have hoped that the fact the OP did have a tax disc and the bike was fully covered should have been enough. Seeing as how the BBC were reporting yesterday that Yorkshire police were admitting that they now only investigate the top 40% of crimes, then i find it hard to understand why this wasn't just a friendly warning and producer. Easy money i guess.
'Must produce' does not mean 'Carry the documents with you'; hence the seven day 'Producer'. Therefore the fact that you can't produce them there and then doesn't mean you have committed an offence, but the legislation and Plod presumes you have. Just using a bit of advocacy.
had to chuckle the other day... was in petrol station and nice officer came over to admire the bike..we got chatting, turned out he was human, even though he admitted to owning a gixxer....his mate was squatting down by the rear left peg admiring the shock etc, not clocking the tax disc a few mill from his nose.....dated 2010. I didnt have the heart to tell him.
I think there's confusion as to the offence in question. It's an offence to not have your vehicle taxed It's a separate offence to not display a tax disc. As to the rest of your documents, unless the law has changed, you don't need to show them 'on the spot' but you have to present them at a nominated police station if you're issued with a HORT1 I would imagine all these bits of paper will become obsolete in the future as everything's on computer now and with ANPR, the police know instantly if you have the necessary documents. Personally, I think it's a poor show from the police to fine you even though you have paid the tax. They knew you had paid so to fine you for not displaying shows what kind of person they are. Petty, cruel and rather unfriendly, another great advert for the boys in blue.
To be honest, we lost all the "proper" bobbies after the early/mid nineties. After that era, the emphasis was more about having a degree in zoology rather than actually having any social skills and common sense. Please note, only argue and become aggressive towards a Police Officer if he has a documentary film crew beside him or you happen to be any other race other than white British. Outside of these parameters, you will lose.
