UK Offence Report

Non-Community regulated regular and shuttle services by public service vehicles registered in the United…

regulation 5(2)(b) of The Road Transport (International Passenger Services) Regulations 1984

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 who—

a without reasonable excuse contravenes subsection (1) of this section, or

b without reasonable excuse fails to comply with

a requirement of

a certifying officer or public service vehicle examiner, or wilfully obstructs such officer or examiner, in the exercise of his powers under subsection (2) of this section, shall be guilty of an offence and shall be liable on summary conviction to

a fine not exceeding level

3 on the standard scale (within the meaning of section

75 of the Criminal Justice Act 1982,

4 In this section `international passenger transport authorisation' means

a licence, permit, authorisation or other document issued by the Secretary of State in pursuance of an international agreement or arrangement to which the United Kingdom is for the time being

a party. .

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 This is the text as originally made; later amendments are not shown here.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
a person
Conduct
obstructing an official exercising a power
Fault element
Requires proof of a state of mind
Burden of proof
An element of the offence, for the prosecution to prove

The prosecution must prove both that the conduct happened and that it was done with the state of mind the provision names (wilfully).

“Without reasonable excuse” here is an element of the offence rather than a defence, so its absence is for the prosecution to prove (R v Charles [2009] EWCA Crim 1570).

Classifier’s reasoning: mens rea word in the offence-creating words: wilfully; qualified by reasonable excuse (an element; prosecution disproves once raised).

The defence, as drafted

3 A person who— a without reasonable excuse contravenes subsection (1) of this section, or b without reasonable excuse fails to comply with a requirement of a certifying officer or public service vehicle examiner, or wilfully obstructs such officer or examiner, in the exercise of his powers under subse

What would breach regulation 5(2)(b)?

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. Refusing to let an inspector onto premises they are entitled to enter under the Road Transport (International Passenger Services) Regulations 1984.
  2. Sending an official away, or telling staff to say nothing, where the power being exercised does not depend on anyone's consent.
  3. Physically blocking an examination, or removing something an officer has said they intend to inspect.

Penalty

Mode of trial
Summary only — tried in a magistrates’ court
Maximum fine
£400
Standard scale
Level 3
Maximum prison (summary)
Not determined

this is the level 3 value when the instrument came into force (1984-07-01); the standard scale is keyed to the date the offence was committed, and for conduct today the same words mean £1000.

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
25 May 1984
In force from
1 July 1984
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.

These Regulations consolidate, with the Regulations which amended them, the Road Transport (International Passenger Services) Regulations 1980, and make further amendments. The principal effects of the further amendments are— to implement in relation to Great Britain the Agreement on the International Carriage of Passengers by Road by means of Occasional Coach and Bus Services (ASOR), which requires the Member States of the European Economic Community and the other States which are parties to that agreement to facilitate the operation of such services, and Council Regulation (EEC) No. 56/83 of 19th December 1982 concerning the implementation of that Agreement. (Regulations 2(1)(b), (c) and (d), 6, 10, 11, 12, 13, 14, 15, 16, 19, 20 and 22); to provide for the issue of the control document for occasional services, specified in Article 7 of ASOR or in Article 2 of Commission Regulation 1016/68, by the Bus and Coach Council (Regulations 13(2) and 15(1)) and to require applicants for the control document to pay to the Bus and Coach Council a fee of such amount as may, with the approval of the Secretary of State, be required by the Council (Regulation 14(5)); to enable an examiner (as defined in Regulation 2(1)(h)) to require the production, and to inspect and copy, the model document with stiff green covers required to be carried on a vehicle used to provide occasional services and to detain the vehicle for such time as is required for the purposes of inspecting and copying the document (Regulation 16(3)(d)); and to increase from £200 to £400 the maximum penalty on summary conviction of an offence under Regulation 19 and 20 of these Regulations.

Read the full note and every offence in this instrument

Other offences in the same instrument

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”; the provision states liability on summary conviction; the provision states a penalty in older drafting
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