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Fined for not Displaying Tax -_-

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tom275
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Joined: 07 May 2012
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PostPosted: 09:58 - 07 Sep 2012    Post subject: Fined for not Displaying Tax -_- Reply with quote

My tax disc fell off last week, the actual tax disc holder fell apart so that's no lie! The tax needed renewing at the end of the month anyway so I just bought the new tax and was waiting for it in the post.

As luck would have it I bumped into a policeman who waved me in on the roadside because "my exhaust made it sound like I was going to fast" I wasn't, it was the town centre...

Anyway he gave me an on the spot fine for not displaying a valid tax disc. I get home and there's my new tax disc waiting for me on the doorstep :/

The other part of the story though is that the tyre is on the limit, and was booked in the next day to have the tyre replaced and for its MOT. Its only just on the limit though and he had to call another "vehicle specialist" to confirm. He didn't fine me but did give me a prohib on the bike and let me push it to the garage round the corner where it was booked in. Which is kind of fair cop I guess so Il take that on the chin.

I was very polite and must have passed the "attitude test" because he even gave me a ride home!So I thought it would have just been a warning about the tax.

Can I appeal against such nonsense?
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Speed
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PostPosted: 10:02 - 07 Sep 2012    Post subject: Reply with quote

Surely they can check with the DVLA and see that it is taxed and that it clearly came off when riding. Surely there should be some lenience with regards to displaying a tax disc on a bike as its not as secure as the inside of a windscreen of a locked car.
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Aff
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PostPosted: 10:02 - 07 Sep 2012    Post subject: Reply with quote

When did he stop you? You have a 5 day grace period at the end of the month (as long as you have bought the tax disk online before it ran out) where you don't have to display a tax disk.
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map
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PostPosted: 10:10 - 07 Sep 2012    Post subject: Re: Fined for not Displaying Tax -_- Reply with quote

tom275 wrote:
...he had to call another "vehicle specialist" to confirm. He didn't fine me but did give me a prohib on the bike and let me push it to the garage round the corner...

If he had to call someone else then he was not qualified to make that judgement call (not an authorised examiner). As the other qualified person was not present (assuming call means 'phone/radio) they were not present so could not make any judgement.

If this happens again request a deferred test/inspection.

Quote:
Copied from Blackstone's Road Traffic Police manual 2005.

Section 67 of the road traffic act 1988 allows 'authorised examiners' to carry out roadside tests on motor vehicles, in relation to brakes. steering, tyres, lights and noise and fume emission. Authorised examiners include police constables so authorised by their chief officer of police. Other examiners may be appointed (e.g. by the Secretary of State or a police authority) but they must produce their authority to act as such if required to do so (s.67(6)). Obstructing such an examiner is a summary offence under s.67(9)

Section 67(6) allows for drivers to ask for the examination to be deferred (in accordance with the time limits set out at sch. 2 to the 1988 Act.) However s.67 goes on to state:

Where it appears to a Constable that, by reason of an accident having occurred owing to the presence of the vehicle on the road, it is requisite that the test be carried out forthwith, he may require ot to be so carried out, and if he is not to carry it out himself, may require that the vehicle shall not be carried away until the test has been carried out.

Where in the opinion of the constable that the vehicle is apparently so defective that it ought not to be allowed to proceed without a test been carried out, he may require the test to be carried out forthwith.


In laymans terms means:
Quote:
If you are stopped and PC Plod has nothing better to do than start checking your bike or car over, you say "Oi dirty copper, what you doing" and he will reply either, "Checking your car for road worthyness sir" or "Shut your face mate, or I'll make something up and nick ya"

If it's the former, and for whatever reason you have something to hide like 2 bald tyres, you may say " No your not, I would like a deferred test" He would then look at you bemused and say "What?" and you then point out to him your knowledge of the law.

At this point, he will then ask you to arrange a 7 day period within the following 28 days for the test to be carried out within one of those 7 days at a place of your choosing. This will be no doubt just after you have fitted 2 new tyres.


That is a deferred test/inspection.

HTH Thumbs Up
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Last edited by map on 10:11 - 07 Sep 2012; edited 1 time in total
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MarkJ
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PostPosted: 10:10 - 07 Sep 2012    Post subject: Reply with quote

Aff wrote:
You have a 5 day grace period at the end of the month

No you don't:
https://dft.gov.uk/dvla/pressoffice/pressreleases/archive2008/280808_09.aspx?sc_lang=en
Quote:
3. A change in legislation from 1 September 2008 will provide for a five-day period of grace from the requirement to display a tax disc only where that disc is purchased online, by phone or by post. This will apply to the first 5 working days of the month in which the disc commences and will only apply where the vehicle is continuously licensed.
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daemonoid
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PostPosted: 10:34 - 07 Sep 2012    Post subject: Reply with quote

MarkJ wrote:
No you don't


Yes you do...

He didn't say you have the last 5 days of the month, he said you have 5 days at the end of the month. End of the month is the 30/31st, not the 25/26th.

So read it as 5 days grace starting the 30th/31st.

Most importantly, if you're gonna be a pedant do it correctly or someone may out pedant you.
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syl
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PostPosted: 10:49 - 07 Sep 2012    Post subject: Reply with quote

5 Working days at the start of the month. That means you have until today. If you purchased before the 1st of September, you can complain and get your fine refunded. If you didn't purchase until later, your case may not be so strong as although thE tax disc is backdated, you may not have been continuously covered.
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Last edited by syl on 10:51 - 07 Sep 2012; edited 2 times in total
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stinkwheel
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PostPosted: 10:49 - 07 Sep 2012    Post subject: Reply with quote

Did he really?

I was under the impression that the police were no longer enforcing failure to display a tax disc.

Any time I've been stopped without a disc on (I never display a disc), they simply said they were reporting it to the DVLA.

A photo/scan of the paperwork they gave you would be interesting.
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johnsmith222
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PostPosted: 10:57 - 07 Sep 2012    Post subject: Reply with quote

As I said in the other thread about tax. I got done for failure to display last week.

"I am charging you with failure to display. anything you say may be used against...."

That was along with being charged with speeding.

This was in Scotland.

To quote myself in the other thread. "don't give them it on a plate like I did.".

You are relying on a traffic copper not to use his power to give you an FPN or charge you with it. Considering how many traffic cops don't know the meaning of common sense or being reasonable I'd suggest you don't give them the power to do you for that extra thing.

Common sense doesn't come into the law. Especially when it can be used to generate more money.
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chris-red
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PostPosted: 11:05 - 07 Sep 2012    Post subject: Reply with quote

stinkwheel wrote:
Did he really?

I was under the impression that the police were no longer enforcing failure to display a tax disc.

Any time I've been stopped without a disc on (I never display a disc), they simply said they were reporting it to the DVLA.

A photo/scan of the paperwork they gave you would be interesting.


I got done for it not long ago, however I didn't mind as it was instead off 3 points/£60 fine for an illegal turn.
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Snorty
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PostPosted: 11:09 - 07 Sep 2012    Post subject: Reply with quote

Sounds like he was trying to save face after not being able to collar you for speeding.

I got stopped for not displaying tax, and not having tax (wasn't showing up on the ANPR), I was also speeding - "I thought it was 40 on here officer!" - despite doing around 50 and still accelerating when I saw blues and twos.

"All I care about is that you're insured... that's the main thing for me, the tax is the council's problem" (Not displaying, I showed him printoff that I'd applied for one).
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WannaBeDude
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PostPosted: 11:14 - 07 Sep 2012    Post subject: Reply with quote

Where in the opinion of the constable that the vehicle is apparently so defective that it ought not to be allowed to proceed without a test been carried out, he may require the test to be carried out forthwith.

Rolling Eyes Rolling Eyes

their version of so defective will be blah blah blah Rolling Eyes
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Rogerborg
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PostPosted: 11:17 - 07 Sep 2012    Post subject: Re: Fined for not Displaying Tax -_- Reply with quote

tom275 wrote:
Anyway he gave me an on the spot fine

Judge Dredd, was he?

You were issued a Fixed Penalty Notice. It offers you an opportunity to pay a bribe and admit guilt rather than be reported to the CPS for prosecution.

It's entirely up to you whether you pay the bribe, or whether you ignore it and see if the CPS can be bothered prosecuting, and if they manage to do it to a minimal standard of competence.

However, it's a strict liability offence, carries no points, and you're unlikely to get to get off any lighter in court. Unlucky, but spread it out over a lifetime of motoring and it's just noise.

Sure, it was a dick move by an anti-bike copper, but he only stitched you up enough to hit his target and no more.

Interesting that he considered pushing the bike to not be driving it, when we just had a lad get his bike seized for "driving" it with no insurance while pushing. Doh!
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Marmalade
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PostPosted: 11:18 - 07 Sep 2012    Post subject: Reply with quote

snorty wrote:

"I thought it was 40 on here officer!" - despite doing around 50 and still accelerating when I saw blues and twos.


Driving without due care and attention right there
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johnsmith222
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PostPosted: 11:20 - 07 Sep 2012    Post subject: Reply with quote

People need to bear in mind that experiences with police officers that have shown common sense does not have any impact on "failure to display" from being a law and it doesn't remove their power to do you for it.

Again, Why give it to them on a plate?
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tom275
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PostPosted: 11:22 - 07 Sep 2012    Post subject: Reply with quote

I think it was just a case of I'l do you for the no tax but not for the tyre, less paperwork, and actually I come out better off though.

Of course I'd still rather not pay at all so its probably worth going to court. If I lose in court will they charge me more for expenses etc? If they don't then its worth a punt!

The paperwork is like a Council issued parking ticket, the fine is £60. I've read in most places the fine is only £30
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Snorty
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PostPosted: 11:24 - 07 Sep 2012    Post subject: Reply with quote

Marmalade wrote:
snorty wrote:

"I thought it was 40 on here officer!" - despite doing around 50 and still accelerating when I saw blues and twos.


Driving without due care and attention right there


I realise that. I was trying to act shocked due to him saying that most people think it's 40 also. You know, play it up. LOL. ANPR traffic car so he KNOWS what speed I was doing.
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MarkJ
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PostPosted: 11:29 - 07 Sep 2012    Post subject: Reply with quote

OP, what day last week did you get pulled? If it was Monday-Friday it'll still be August, so if your new online purchased tax disc runs from Sept 1st 2012 to Aug 31st 2013 it would have still been 'invalid' if it was displayed as it wasn't in date yet.

Still a load of bollocks getting done for it though.

daemonoid wrote:
He didn't say you have the last 5 days of the month, he said you have 5 days at the end of the month. End of the month is the 30/31st, not the 25/26th.

'5 days at the end of the month' still sounds like it includes August. If he'd just said 5 days from the start of the next month I (and I assume other people) would have understood it to be September.

I wasn't trying to be pedantic, I didn't want the OP to interpret what Aff had said as '25th August onwards you don't need to display a valid disc', as I had - as this information would be wrong. I didn't want the OP to contest the ticket on the "25th-31st Aug is OK to not display" grounds and get shot down. He could have still been done for no valid tax anyway, see above ^

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tom275
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PostPosted: 11:50 - 07 Sep 2012    Post subject: Reply with quote

I was pulled on the 5th of September, the new tax disc was purchased on the 31st August.

So does that mean I was still inside the 5day grace period?
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natefz6
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PostPosted: 12:13 - 07 Sep 2012    Post subject: Reply with quote

If the tax is not on the bike but the bike is taxed could you not just say "It was there officer somebody must have nicked it after I checked it this morning.... I would like to report a crime please"
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MarkJ
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PostPosted: 12:28 - 07 Sep 2012    Post subject: Reply with quote

tom275 wrote:
I was pulled on the 5th of September, the new tax disc was purchased on the 31st August.

So does that mean I was still inside the 5day grace period?

Huzzah, yes it certainly seems that way. See that dft link/quote I posted earlier.

The line:
Quote:
a five-day period of grace from the requirement to display a tax disc

Also sounds like they can't even do you for not displaying your old one - you can have no disc on display at all Thumbs Up

Where you contest this though, I have no idea.
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Rogerborg
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PostPosted: 12:52 - 07 Sep 2012    Post subject: Reply with quote

tom275 wrote:
Of course I'd still rather not pay at all so its probably worth going to court. If I lose in court will they charge me more for expenses etc?

Up to £200 and doubtless a "victim surcharge" of £15.

Please don't call it a "fine", that clouds your thinking. At the moment, it's just an opportunity to pay. If you want to 'contest' it, then just don't pay it and see if the CPS (or actually, it might be the DVLA) bother to prosecute it.

If they do, it does look like you're (sorry...) "fine" because :

Finance Act 2008 Section 147 wrote:


So if it was taxed up until the end of August, and you were stopped in September, up to and including today, then you're peachy. Thumbs Up
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tom275
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PostPosted: 14:07 - 07 Sep 2012    Post subject: Reply with quote

Well, just been on the phone to the "Central Ticketing Office" and it looks like I can get the fixed penalty cancelled because of the 5 day grace Very Happy

Thanks for advice, I will update in due course
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Alpha-9
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PostPosted: 14:46 - 07 Sep 2012    Post subject: Re: Fined for not Displaying Tax -_- Reply with quote

Rogerborg wrote:
tom275 wrote:
Anyway he gave me an on the spot fine

Judge Dredd, was he?

You were issued a Fixed Penalty Notice. It offers you an opportunity to pay a bribe and admit guilt rather than be reported to the CPS for prosecution.

It's entirely up to you whether you pay the bribe, or whether you ignore it and see if the CPS can be bothered prosecuting, and if they manage to do it to a minimal standard of competence.

However, it's a strict liability offence, carries no points, and you're unlikely to get to get off any lighter in court. Unlucky, but spread it out over a lifetime of motoring and it's just noise.

Sure, it was a dick move by an anti-bike copper, but he only stitched you up enough to hit his target and no more.

Interesting that he considered pushing the bike to not be driving it, when we just had a lad get his bike seized for "driving" it with no insurance while pushing. Doh!


How about you write up a "What to say if you've been stopped by the police" guide (and not like those freeman bullshit things where you just get arrested while talking shit)
It could include
- Not displaying tax discs despite being taxed
- Riding in bus lanes
- Filtering/overtakes
- Parking on pavements
- Speeding
- ??

Just a sort of, general guide what to say, what the actual law is and a citation of it, and repercussions/fines/points if you don't/do

Seriously, would be good Thumbs Up
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Rogerborg
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PostPosted: 15:28 - 07 Sep 2012    Post subject: Re: Fined for not Displaying Tax -_- Reply with quote

Alpha-9 wrote:
How about you write up a "What to say if you've been stopped by the police" guide

What, and put it in the stickies with all the other stuff that doesn't get read? Razz

Nah, I'm still on a voyage of discovery here. My day job is related to police procedure, but nobody has definitive answers to this because so much of it is open to interpretation. And that goes for those doing the interpreting as well: they disagree with each other and get overruled, so it's a moving target.
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