HC Deb 03 May 1978 vol 949 cc208-10
1. Mr. Hardy

asked the Secretary of State for Transport if he will reconsider the position of individuals who are prosecuted for failure to display vehicle excise licences even though they may have properly applied for such licences.

6. Mr. Rifkind

asked the Secretary or State for Transport what representations he has received concerning existing legislation that enables a motorist to be prosecuted for inadvertently failing to display a road fund tax disc on the windscreen of his vehicle; and what replies he has given.

The Under-Secretary of State for Transport (Mr. John Horam)

Prosecution for non-display of a current vehicle excise licence is a matter for the discretion of chief constables. Where a licence has expired in the last 14 days, or prior application for a new licence has been made, account is normally taken of this. However, I can tell my hon. Friend that we intend to seek a legislation opportunity to provide for a statutory defence in these circumstances.

As for the accidental non-display of a licence, this has been the subject of very few complaints and we do not think that a change in the law is warranted.

Mr. Hardy

Does my hon. Friend accept that many of us will be delighted by his answer, which demonstrates his acceptance that while these prosecutions may be lawful they are not regarded as just? As bureaucracy tends to be imperfect and motor cars essential, one hopes that he will be able to take swift action.

Mr. Horam

I note what my hon. Friend says. I know that he has had difficulty in one or two cases in his constituency.

Mr. Rifkind

May I remind the Minister of one of my constituents who successfully and properly purchased a current licence and displayed it on her windscreen, after which, inadvertently, the disc fell to the floor of her car and she found herself having no defence against the prosecution that was successfully brought against her? Will the hon. Gentleman reconsider his refusal to extend this welcome change of the law to enable a person to have a proper defence when he can prove that at the time of the alleged offence he had a valid tax disc?

Mr. Horam

It is difficult to draw a distinction in law between an accidental matter of the sort to which the hon. Gentleman referred and a deliberate infringement. We must have regard to the common sense and discretion of chief constables. It may be that the lady should have a licence holder with slightly stronger adhesive power.

Mr. Edwin Wainwright

Will my hon. Friend take into account the fact that one of my constituents—I think that he knows about the case—went into his garage to get a new licence holder and came out to find a lady warden making a report that the tax disc was not visible? My constituent was taken to court and fined. He appealed against that decision, but it was upheld. Does my hon. Friend agree that it is ridiculous that such an incident took place? Is he able to do something to make the change retrospective?

Mr. Horam

I do not think that I could make it retrospective to meet my hon. Friend's constituency problem. However, we are moving in the general direction that I have indicated. Before very much longer we shall have the opportunity to give legislative back-up to what is now a long-standing administrative tradition.

Mr. Wiggin

Will the hon. Gentleman include in the proposed legislation a provision that where the Vehicle Licensing Centre at Swansea can clearly be shown to be at fault in not having sent a reminder, the motorist be not fined? Will he ensure that where traffic wardens and others put a notice on a car to the effect that the vehicle has been sighted without a disc, that notice is in fact attached to the vehicle, as that is not the case in the Metropolitan Police area?

Mr. Horam

I am interested in what the hon. Gentleman says, especially on the second point, and I shall bear that in mind.

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