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VERA 1994 - Use incorrectly registered vehicle
ripzay
post Mon, 23 Nov 2020 - 14:47
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Hi All

Yesterday I was pulled over for illegal window tints - I didn't know, genuine mistake, I'll have to take that on the chin, however..

I was also reported for the offence of 'Use incorrectly registered vehicle - VERA 1994'.

My insurance is correct at my current home address, my licence is correct, at my home address, my bank, my readers digest subscription (joke), all at my home address, every modification to my vehicle is declared to my insurers, including my alloy wheels, window tints, and even the stickers for my business on the side window, I'm pretty by-the-book with this stuff....

however, in a lapse, I must have forgotten to change the address on my V5C - oops.

The address on my V5C is my parents' address still, where I can, and do still receive mail. I've not lived there for 18 months, but I do still have a room there, and a toothbrush there.

I have read through the legislation, but as a non legal savvy person, I cant really decide if they have any specific requirements for the address, only that they use it for notifying about taxation, and speeding tickets etc. where the driver wasn't spoken to at the roadside.

So my question is this... whilst I normally would have changed the address, but must have forgotten, have I actually broken the law with this being a second address that I can be contacted at, rather than the address I'm currently living at.

FWIW, I've updated the address already

Thank in advance

B.

This post has been edited by ripzay: Mon, 23 Nov 2020 - 15:52
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post Mon, 23 Nov 2020 - 14:47
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The Rookie
post Mon, 23 Nov 2020 - 14:51
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The registered keeper address merely has to be one by which you can be contacted, you can, no offence committed IMO.


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ripzay
post Mon, 23 Nov 2020 - 16:01
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QUOTE (The Rookie @ Mon, 23 Nov 2020 - 14:51) *
The registered keeper address merely has to be one by which you can be contacted, you can, no offence committed IMO.


Thanks, do you have anything that I can cite to that affect?

Also - I've not yet actually received anything in the post about these two offences, I only have what was printed on the little slip I was given at the roadside. I assume i'll receive separate correspondence for each offence, and be given an opportunity to contest it at that point?

I've never had this before, so I'm unsure of what I should do, I've tried contacting the police force that issued the offence report, but they were less than helpful

Cheers

B.

This post has been edited by ripzay: Mon, 23 Nov 2020 - 16:03
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Logician
post Mon, 23 Nov 2020 - 17:57
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Just wait and see what arrives.


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cp8759
post Mon, 23 Nov 2020 - 21:45
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QUOTE (ripzay @ Mon, 23 Nov 2020 - 14:47) *
So my question is this... whilst I normally would have changed the address, but must have forgotten, have I actually broken the law with this being a second address that I can be contacted at, rather than the address I'm currently living at.

There is no requirement at all that the address be the address that you live it, the only requirement is that you are able to be contacted. Some police officers don't appreciate this, but that's what the law says.


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Steve_999
post Mon, 23 Nov 2020 - 23:14
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Did they tell you that the offence was down to the address on the V5C, or are you assuming that was the case? I don't believe that the Police usually get involved with such matters - if the address had not been updated it is usually the DVLA who will deal (although, as others have said, it would seem you have not committed an offence regarding the address in any case).

Just concerned that this may be a read herring and there is another issue involved.
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PASTMYBEST
post Mon, 23 Nov 2020 - 23:30
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QUOTE (Steve_999 @ Mon, 23 Nov 2020 - 23:14) *
Did they tell you that the offence was down to the address on the V5C, or are you assuming that was the case? I don't believe that the Police usually get involved with such matters - if the address had not been updated it is usually the DVLA who will deal (although, as others have said, it would seem you have not committed an offence regarding the address in any case).

Just concerned that this may be a read herring and there is another issue involved.

sounds right. reporting tints to your insurance does not make the tints legal for instance


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ripzay
post Tue, 24 Nov 2020 - 12:46
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QUOTE (Steve_999 @ Mon, 23 Nov 2020 - 23:14) *
Did they tell you that the offence was down to the address on the V5C, or are you assuming that was the case? I don't believe that the Police usually get involved with such matters - if the address had not been updated it is usually the DVLA who will deal (although, as others have said, it would seem you have not committed an offence regarding the address in any case).

Just concerned that this may be a read herring and there is another issue involved.



They did, They only mentioned the second offence regarding the improperly registered vehicle after confirming that i did not live at the registered keepers address any longer. I actually questioned it, stating that it was my parents address and they reiterated the point. at no point during the interaction with the officers was insurance mentioned, not even as an administrative thing...

As an aside, I've asked an ex traffic police friend of the family about the offences they've reported me for and regarding the use of a dangerous vehicle for the tints, he believes they have made an error here. as police would indicate that they should have issued an immediate prohibition against a vehicle if it is believed to be dangerous, and not allowed me to drive on, which they did.

Really don't what my best course of action on either of these things is really, I'm not asking to be 'let off', if I have indeed actually done anything wrong, I just want a proportionate punishment.

As a little background.. I've had the car for a number of years, and the tints have been in place through my entire ownership, and i've been pulled over a couple of other times in that period, including being stopped at night simply for being in a nice car away from home late at night..

This post has been edited by ripzay: Tue, 24 Nov 2020 - 12:47
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baroudeur
post Tue, 24 Nov 2020 - 13:12
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QUOTE (ripzay @ Mon, 23 Nov 2020 - 14:47) *
Hi All

Yesterday I was pulled over for illegal window tints - I didn't know, genuine mistake, I'll have to take that on the chin, however..

I was also reported for the offence of 'Use incorrectly registered vehicle - VERA 1994'.

My insurance is correct at my current home address, my licence is correct, at my home address, my bank, my readers digest subscription (joke), all at my home address, every modification to my vehicle is declared to my insurers, including my alloy wheels, window tints, and even the stickers for my business on the side window, I'm pretty by-the-book with this stuff....

however, in a lapse, I must have forgotten to change the address on my V5C - oops.

The address on my V5C is my parents' address still, where I can, and do still receive mail. I've not lived there for 18 months, but I do still have a room there, and a toothbrush there.

I have read through the legislation, but as a non legal savvy person, I cant really decide if they have any specific requirements for the address, only that they use it for notifying about taxation, and speeding tickets etc. where the driver wasn't spoken to at the roadside.

So my question is this... whilst I normally would have changed the address, but must have forgotten, have I actually broken the law with this being a second address that I can be contacted at, rather than the address I'm currently living at.

FWIW, I've updated the address already

Thank in advance

B.


VERA relates to the legality of the registration mark not the address to which the vehicle is registered. Do your plates conform to the requirements as detailed?

VERA 1994

The Secretary of State may by regulations provide that the registration mark for the time being assigned to a vehicle shall be fixed, in the manner prescribed by the regulations, on the vehicle, on any other vehicle drawn by the vehicle or on both.

(4)The Secretary of State may by regulations prescribe—

(a)the size, shape and character of registration marks to be fixed on any vehicle, and

(b)the manner in which registration marks are to be displayed and rendered easily distinguishable (whether by day or by night
).
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666
post Tue, 24 Nov 2020 - 13:20
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QUOTE (baroudeur @ Tue, 24 Nov 2020 - 13:12) *
QUOTE (ripzay @ Mon, 23 Nov 2020 - 14:47) *
Hi All

Yesterday I was pulled over for illegal window tints - I didn't know, genuine mistake, I'll have to take that on the chin, however..

I was also reported for the offence of 'Use incorrectly registered vehicle - VERA 1994'.

My insurance is correct at my current home address, my licence is correct, at my home address, my bank, my readers digest subscription (joke), all at my home address, every modification to my vehicle is declared to my insurers, including my alloy wheels, window tints, and even the stickers for my business on the side window, I'm pretty by-the-book with this stuff....

however, in a lapse, I must have forgotten to change the address on my V5C - oops.

The address on my V5C is my parents' address still, where I can, and do still receive mail. I've not lived there for 18 months, but I do still have a room there, and a toothbrush there.

I have read through the legislation, but as a non legal savvy person, I cant really decide if they have any specific requirements for the address, only that they use it for notifying about taxation, and speeding tickets etc. where the driver wasn't spoken to at the roadside.

So my question is this... whilst I normally would have changed the address, but must have forgotten, have I actually broken the law with this being a second address that I can be contacted at, rather than the address I'm currently living at.

FWIW, I've updated the address already

Thank in advance

B.


VERA relates to the legality of the registration mark not the address to which the vehicle is registered. Do your plates conform to the requirements as detailed?

VERA 1994

The Secretary of State may by regulations provide that the registration mark for the time being assigned to a vehicle shall be fixed, in the manner prescribed by the regulations, on the vehicle, on any other vehicle drawn by the vehicle or on both.

(4)The Secretary of State may by regulations prescribe—

(a)the size, shape and character of registration marks to be fixed on any vehicle, and

(b)the manner in which registration marks are to be displayed and rendered easily distinguishable (whether by day or by night
).


That is not correct VERA (the Vehicle Excise and Registration Act 1994) covers all aspects of registration and licensing, not just number plates.

In particular section 43C, under which the OP has been reported, says:

"A person is guilty of an offence if, on a public road or in a public place, he uses a vehicle to which subsection (2) applies and in respect of which—

(a)the name and address of the keeper are not recorded in the register, or

(b)any of the particulars recorded in the register are incorrect.
"

The argument here is whether the address recorded is valid.
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cp8759
post Tue, 24 Nov 2020 - 14:19
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QUOTE (666 @ Tue, 24 Nov 2020 - 13:20) *

(b)any of the particulars recorded in the register are incorrect.
"

And the burden is on the police to prove that the address on the register is not correct. This strikes me as one of those cases where the CPS might quietly drop the charge once it gets to them.


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