UK Offence Report

Forgery and deception

regulation 10(1) of The Tractor etc (EC Type-Approval) Regulations 2005

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

1 A person who with intent to deceive—

a forges, alters or uses an EC type-approval certificate or

a certificate of conformity, or

b lends an EC type-approval certificate or

a certificate of conformity to another person, or

c allows an EC type-approval certificate or

a certificate of conformity to be used by another person, or

d makes any document which resembles an EC type-approval certificate or

a certificate of conformity, or

e has in his possession any document which resembles an EC type-approval certificate or

a certificate of conformity, shall be guilty of an offence.

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 This is the text as originally made; later amendments are not shown here.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
breaching the provision
Fault element
Requires proof of a state of mind
Burden of proof
No statutory defence — prosecution proves everything

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

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

Classifier’s reasoning: mens rea word in the offence-creating words: with intent to.

What would breach regulation 10(1)?

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. Doing what the provision prohibits, or failing to do what it requires under the Tractor etc (EC Type-Approval) Regulations 2005.

Penalty

Mode of trial
Either way — magistrates’ court or Crown Court
Maximum fine
£5,000
Maximum prison (summary)
Not determined
Maximum prison (on indictment)
2 years

expressed as the statutory maximum (the prescribed sum): the same words mean £5,000 in England and Wales and £10,000 in Scotland.

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
24 February 2005
In force from
1 July 2005
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 implement Directive 2003/37/EC which requires Member States to set up a system for granting EC type approval for agricultural or forestry tractors, their trailers and interchangeable towed machinery together with their systems, components or separate technical units. Decisions about granting EC type approval must be made in accordance with Council Directive 2003/37 (regulation 5) and an applicant shall use a form set out, and include the documents which are stipulated as required, in the Annex to the Directive (regulation 4). The UK type-approval authority, who is the Secretary of State (regulation 2(2)), can refuse to grant EC type approval if it considers there is a risk to road safety, the environment or the health and safety at work of any person (regulation 5(2)). The holder of an EC type approval certificate shall issue a certificate of conformity of production in respect of each individual vehicle subsequently manufactured or assembled (regulation 6). In the case of vehicles which come within categories T1, T2 or T3 (as defined in annex II Chapter A of the Directive ), unless the vehicles comes within specified exemptions (regulation 8), a certificate of conformity of production shall be necessary for a licence to be granted for that vehicle under the Vehicle Excise and Registration Act 1984 (regulation 7). The UK type-approval authority may withdraw type approval if following examination there is found to be failure to conform to the approved type in two instances (regulation 9). Notice of refusal to grant or withdrawal of grant EC type approval shall be provided in writing, and a right to request the Secretary of State to review the refusal or decision to withdraw is provided (regulation 12). Forgery, and deception in respect of obtaining or use of an EC type approval certificate, are criminal offences punishable on summary conviction to a maximum fine of £5000 or indictment to an unlimited fine and/or two years imprisonment (regulation 10) The making of false statements or production of information known to be false are criminal offences punishable on conviction to a maximum fine of £2500 (regulation 11). A full regulatory impact assessment of the effect that this instrument will have on the costs of business and a Transposition Note are available from the Department for Transport, Vehicle Technology and Standards Division, 76 Marsham Street, London SW1P 4DR (telephone 020 7944-2092). Copies of the EC Directives and Command Papers referred to in these Regulations can be obtained from the Stationery Office. Copies of the International Standards Orders referred to in these Regulations can be obtained from British Standards Institution, 389 Chiswick High Road, London W4 4AL.

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”
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