Roads Act 1920
Penalties.
13.—(1) If any person uses any vehicle for which a licence under the Finance Act, 1920, as amended by this Act, is not in force, or being the holder of a general licence or general licences issued under this Act uses at any one time a greater number of vehicles than he is authorised to use by virtue of that licence or those licences, he shall be liable to F18[an excise penalty not exceeding £1,000], or an excise penalty equal to three times the amount of the duty payable in respect of the vehicle or vehicles, whichever is the greater.
Proceedings for a penalty under this subsection may be brought at any time within a period of twelve months from the date on which the offence was committed.
(2) If any person in connection with an application for a licence for a vehicle or a carriage makes a declaration which to his knowledge is false or in any material respect misleading, or if any person being required by virtue of this Act to furnish particulars in connection with a change of the registration of any vehicle furnishes any particulars which to his knowledge are false or in any material respect misleading, he shall be liable on summary conviction to F18[a fine not exceeding £1,000 or imprisonment for a term not exceeding 6 months].
(3) If in any proceedings under this section any question arises as to the number of vehicles used or as to the character, weight or horse-power of any vehicle or as to the number of persons seated by a vehicle, or as to the purpose for which any vehicle has been used, the burden of proof in respect of the matter in question shall lie on the defendant.
(4) If any person forges or fraudulently alters or uses or fraudulently lends or allows to be used by any other person any mark for identifying a vehicle or any licence or registration book under this Act, he shall be liable on summary conviction to F18[a fine not exceeding £1,000 or imprisonment for a term not exceeding 6 months].
(5) All penalties and forfeitures recovered under or in pursuance of this Act, whether by a county council or by any other person, shall be paid into the Exchequer in such manner and in accordance with such directions as may be contained in any Order in Council made under this Act.
Annotations:
Amendments:
F18
Substituted (17.06.1993) by Finance Act 1993 (13/1993), s. 63 and table ref nos. 2-4, commenced on enactment. A fine of £1,000 converted (1.01.1999) to €1,269.74. This translates into a class C fine, not greater than €2,500, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 6(3) and table ref. no. 2, S.I. No. 662 of 2010.
Modifications (not altering text):
C16
Prospective affecting provision: additional penalty for offence under subs. (1) provided by Finance Act 1976 (16/1976), s. 72, not commenced as per s. 64(3) as of date of revision.
Additional liability for using vehicle on which vehicle excise duty is unpaid.
72.—Where a person convicted of an offence under section 71 of this Act or section 13 (1) of the Act of 1920 is, at the time of the offence, as regards the vehicle in respect of which the offence was committed, the relevant person, the court shall, in addition to any penalty which it may impose in respect of the offence, order him to pay the relevant licensing authority a sum equal to the amount or, as may be appropriate, the aggregate of the amounts, of vehicle excise duty which, on the date of the conviction, is, by virtue of section 68 of this Act, recoverable from him by the relevant licensing authority.
C17
Application of subs. (1) restricted (18.12.1992) by Finance (No. 2) Act 1992 (28/1992), s. 21(5), commenced on enactment.
Trade licences.
21.— ...
(5) Sections 5 (5) and 13 (1) of the Act of 1920, section 1 (1) of the Act of 1952 and sections 71 and 73 of the Finance Act, 1976, shall not apply to a vehicle at any time during which a trade licence is exhibited on the vehicle in accordance with this section.
...
C18
Application of subs. (1) restricted (18.08.1976) by Finance Act 1976) (16/1976), s. 71(3), S.I. No. 185 of 1976.
Using and keeping vehicles on which chargeable vehicle excise duty is unpaid.
71.—(1) Where vehicle excise duty is chargeable on a vehicle (whether by virtue of this Act or the Act of 1952) and is unpaid, then any person who, at any time while the duty remains unpaid, uses, parks or otherwise keeps the vehicle in a public place or causes another person to so use the vehicle or who authorises such use of the vehicle by another person shall be guilty of an offence.
(2) Where a defendant charged with an offence under this section was the servant of the person by whom the vehicle was kept, it shall be a good defence to the charge for the defendant to show that he was using the vehicle in obedience to the express orders of that person.
(3) (a) Where a person is convicted of an offence under this section he shall not be liable to have imposed on him in respect of the same act a penalty under section 13 (1) of the Act of 1920.
(b) Where a penalty referred to in paragraph (a) of this subsection is imposed on a person, he shall not be convicted of an offence under this section in relation to the same act.
Editorial Notes:
E159
Offence under section designated a fixed-charge offence by Local Authorities (Traffic Wardens) Act 1975 (14/1975), s. 3(1)(a), (b)(iv), (v), as substituted (3.04.2006) by Road Traffic Act 2002 (12/2002), s. 12, S.I. No. 134 of 2006.
E160
Provision for recovery of penalities under Act made (26.03.1925) by Local Government Act 1925 (5/1925), s. 39, commenced on enactment.
E161
Previous affecting provision: subss. (1), (2), (4) amended (17.07.1982) by Finance Act 1982 (14/1982), s. 72(1), commenced on enactment; amendment substituted (17.06.1993) as per F-note above.