UK Offence Report

SCHEDULE 3

SCHEDULE 3 of The Motor Vehicles (International Circulation) Order 1975

This offence was read from the text as made, and no revised version was available, so a later revocation could not be ruled out. Check the current text at legislation.gov.uk.

What the provision says

3 A person failing to produce

a driving permit in compliance with this paragraph shall be guilty of an offence which shall be treated for the purposes of section 177 of the Road Traffic Act 1972 and of Part I of Schedule

4 thereto as an offence against the provision specified in column

1 of that Part as section 101(4) and he shall be liable to be prosecuted and punished accordingly. 4

1 A court, on ordering the removal under section 95(1) of the said Act of

a disqualification for holding or obtaining

a driving licence, shall, if it appears that particulars of the disqualification have been forwarded to the Secretary of State under paragraph

2 of this Schedule, cause particulars of the order also to be forwarded to him, and the Secretary of State shall transmit the particulars to the authority who issued the driving permit which the person whose disqualification is removed is shown as holding in the Secretary of State's records.

Text as made, from legislation.gov.uk. © Crown copyright, reused under the Open Government Licence v3.0. This is the text as originally made; later amendments are not shown here.

Who it binds, and what has to be proved

Binds
an authority
Conduct
failing to do something the instrument requires
Fault element
Strict liability
Burden of proof
No statutory defence — prosecution proves everything

The prosecution must prove that the conduct happened. This is a strict liability offence as drafted: the provision uses no word of intention, knowledge, recklessness or negligence, so there is no need to show that an authority meant to do it, knew about it, or was careless.

Intention, knowledge and carelessness are irrelevant to guilt. They may still matter a great deal to sentence.

The provision states no defence, so the prosecution bears the burden on every element of the offence.

Classifier’s reasoning: no word of intention, knowledge, recklessness or negligence in the offence or its provision.

What would breach SCHEDULE 3?

These are illustrations, not law. They are generated from the provision’s own words to show the shape of the offence. Whether any particular conduct is caught depends on the full text, on any amendment since, and on the facts.

  1. Not doing what the provision requires under the Motor Vehicles (International Circulation) Order 1975, by the time it requires it to be done.
  2. Doing it, but not in the manner or to the standard the instrument specifies.

Penalty

Mode of trial
Not determined
Maximum fine
Not determined
Maximum prison (summary)
Not determined

no penalty is stated in this instrument; it may be in the enabling Act, or in a general penalties provision this pass did not connect to the offence.

No penalty was determined from this instrument. It may be in the enabling Act, or in a general penalties provision this pass did not connect to the offence. Absence of a figure here is not evidence that the offence carries no penalty.

Sentencing

Offences of this kind are usually sentenced under the guidelines below. This is a mapping by subject, not a finding about this provision, and the links go to a search of the Sentencing Council’s own site.

Prosecution figures

No published per-offence figure was found for this provision, and it could not be matched to a Ministry of Justice offence code. Offences created by statutory instrument very largely do not have one. Absence of a figure is not evidence that the offence is unused.

Status and lifecycle

Current status
Status not determined
Made
23 July 1975
In force from
2 August 1975
Extent
Not stated

How this was established: read from the text as made; no revised version available, so later revocation could not be ruled out.

What the instrument is for

(This note is not part of the Regulations) — the explanatory note published with the instrument, © Crown copyright.

1. The Order gives effect to certain provisions of the following international agreements, namely:— the Convention on Road Traffic of 1949 (Cmd 7997); the Convention on the Taxation of Road Vehicles for Private Use in International Traffic of 1956 (Cmnd 220); the Convention on the Taxation of Road Vehicles engaged in International Passenger Traffic of 1956 (Cmnd 320); the Convention on the Taxation of Road Vehicles engaged in International Goods Transport of 1956 (Cmnd 4206); the Convention on Motor Traffic of 1926 (Cmd 3510); Article IV of the Agreement regarding the Status of Forces of Parties to the North Atlantic Treaty (Cmd 8279); a Decision of the Council of the Organisation for European Economic Co-operation adopted on 28 June 1957, relating to identification marks for hired chauffeur-driven vehicles going abroad from the United Kingdom. 2. The Order re-enacts with amendment and consolidates the Motor Vehicles (International Circulation) Order 1957 (S.I. 1957/1074) and the subsequent Orders amending it; and following the transfer to the Secretary of State of functions exercisable in Northern Ireland with respect to vehicle excise duty and the registration of vehicles by the Northern Ireland (Modification of Enactments—No. 1) Order 1973 (S.I. 1973/2163), it revokes and re-enacts with amendment corresponding provisions to those having effect in Great Britain with respect to those matters in Northern Ireland in place of the Northern Ireland Orders revoked thereby. 3. The Order relates to:— the issue of international driving permits to persons going abroad and documents for use outside the United Kingdom with vehicles; driver licensing, vehicle operators' licences and vehicle lighting requirements in relation to vehicles brought temporarily into Great Britain; and registration and exemption from vehicle excise duty of vehicles brought temporarily into the United Kingdom. 4. The principal changes introduced by the Order are that— the fees for international driving permits and certificates for motor vehicles are increased from £1.00 to £1.50 (Schedule 2); vehicles temporarily imported into Northern Ireland by members of visiting forces or the civilian components of such forces are brought within the scope of exemption from vehicle excise duty (Article 5A(2)); vehicles registered in the Isle of Man and temporarily imported into Northern Ireland are exempted from vehicle excise duty (Article 5A(3)) in the manner similarly prescribed for such vehicles temporarily imported into Great Britain (Article 5(3)).

Read the full note and every offence in this instrument

What Parliament said

Mentions of this instrument in Hansard. Parliamentary material is reused under the Open Parliament Licence v3.0.

How this was identified as an offence

Everything above rests on the judgement that this provision creates a criminal offence, rather than mentioning one. That judgement is made by rule, from the words of the provision, and this is the rule that made it — with a confidence of 0.92.

Basis
the provision says a person is “guilty of an offence”
Confidence
0.92 of 1.00

A provision that states a penalty for an offence created elsewhere can read very like one that creates an offence, and the rules can mistake the one for the other. If the text quoted above sets a penalty for something made an offence by another provision, treat the classification on this page with that in mind, and read the instrument.

Check the source