HC Deb 26 July 1974 vol 877 cc2087-9

'(1) After section 60 of the 1972 Act there shall be inserted the following section— Fitting and sale of defective or unsuitable vehicle parts. 60A.—(1) If any person—

  1. (a) fits a vehicle part to a vehicle, or
  2. (b) causes or permits a vehicle part to be fitted to a vehicle, in such circumstances that, by reason of that part being fitted to the vehicle, the use of the vehicle on a road would constitute a contravention of or failure to comply with any of the construction and use requirements, he shall be guilty of an offence.
(2) A person shall not be convicted of an offence under subsection (1) above if he proves—
  1. (a) that the vehicle to which the part was to be exported from Great Britain; or
  2. (b) that he had reasonable cause to believe that that vehicle would not be used on a road in Great Britain or would not be so used until it had been put into a condition in which its use would not constitute a contravention of or failure to comply with any of the construction and use requirements.
 (3) If any person who—
  1. (a) sells or supplies or offers to sell or supply a vehicle part, or
  2. (b) causes or permits a vehicle part to be sold, supplied, or offered for sale or supply, has reasonable cause to believe that the part is to be fitted to a motor vehicle, or to a vehicle of a particular class, or to a particular vehicle, he shall be guilty of an offence if that part could not be fitted to a motor vehicle or, as the case may require, to a vehicle of that class or of a class to which the particular vehicle belongs except in such circumstances as are mentioned in subsection (1) above.
 (4) A person shall not be convicted of an offence under subsection (3) above in respect of the sale, supply or offer of a vehicle part if he proves—
  1. (a) that the part was sold, supplied or offered, as the case may be, for export from Great Britain or
  2. (b) that he had reasonable cause to believe that it would not be fitted to a vehicle used on a road in Great Britain or would 2088 not be so fitted until it had beer put into such a condition that it could be fitted otherwise than in such circumstances as are mentioned in subsection (1) above.
 (5) An authorised examiner may at any reasonable hour enter premises where, in the course of a business, vehicle parts are fitted to vehicles or are sold, supplied or offered for sale and test and inspect any vehicle or vehicle part found on those premises for the purpose of ascertaining whether—
  1. (a) a vehicle part has been to the vehicle in such circumstances as are mentioned in subsection (1) above, or
  2. (b) the vehicle part could not be sold or supplied for fitting to a vehicle used on roads in Great Britain without the commission of an offence under subsection (3) above, and for the purpose of testing a motor vehicle and any trailer drawn by it the authorised examiner may drive it and for the purpose of testing a trailer may draw it with a motor vehicle.
 (6) Any person whole obstructs an authorised examiner acting under subsection (5) above shall be guilty of an offence. (7) In subsections (5) and (6) above authorised examiner' means a person who may act as an authorised examiner for the purposes of section 53 of this Act; and any such person, other than a constable in uniform, shall produce his authority to act for the purpose of subsection (5) above if required to do so. (8) Nothing in this section shall affect the validity of a contract or of any rights arising under a contract (2) In Part 1 of Schedule 4 to the 1972 Act (prosecution and punishment of offences) after the entry relating to section 60(3) there shall be inserted the following entries:

"60A(1) Fitting of defective or unsuitable vehicle parts Summarily £200
60A(3) Selling defective or unsuitable vehicle parts Summarily £200
60A(6) Obstructing examiner testing vehicles to ascertain whether defective or unsuitable part has been fitted, etc—[Mr. Carmichael.] Summarily £ 100"'

Brought up, and read the First time.

Mr. Carmichael

I beg to move, That the clause be read a Second time.

It is, at present, an offence to sell or supply—or to offer for sale or supply—a vehicle in a condition, or to alter a vehicle, so that its use on the road would be illegal. This leaves a loophole in the law in that it is not an offence to fit, or to sell or supply, or offer for sale or supply, vehicle parts the presence of which would make the use of the vehicle illegal.

This loophole came to light when it was found that "killer" tyres designed for use on slow-moving agricultural vehicles were being imported into this country and sold for fitting to motor cars.

It being Four o'clock, The CHAIRMAN left the Chair to report Progress and ask leave to sit again.

Committee report Progress.

    c2089
  1. BUSINESS OF THE HOUSE 41 words