Is there any justificatio for "Failure To Display"
Discussion
In these days of SORN and ANPR where cars have to be taxed all the time and must be back-taxed to the previous tax expiry etc. is there any justification for there being an offence of "Failure to Display" a tax disk.
The people who don't want to pay tax will have untraceable cars and so if caught would face fines larger than FTD plus the back-tax. So the ones who are caught with only FTD must be overwhelmingly victims of circumstance (Tax disc nicked, changing reg. no, unable to get insurance for a couple of days).
Or am I missing something?
Russ
Yes - I am missing the "n" in justification!
>> Edited by TVR 3X on Tuesday 2nd August 12:20
The people who don't want to pay tax will have untraceable cars and so if caught would face fines larger than FTD plus the back-tax. So the ones who are caught with only FTD must be overwhelmingly victims of circumstance (Tax disc nicked, changing reg. no, unable to get insurance for a couple of days).
Or am I missing something?
Russ
Yes - I am missing the "n" in justification!
>> Edited by TVR 3X on Tuesday 2nd August 12:20
Use to ask, never told why, when I sheeted someone for No Excise Licence, Offence report always had to have a fail to display along side it. (Invariably NFA on this).
How can you display something you do not have?. Always thought it was two bites of the cherry.
If one in force and not displayed fair enough.
Has there ever been anybody taken to Court for the offence of fail to display?. (Understand some have had FPN.)
DVD
How can you display something you do not have?. Always thought it was two bites of the cherry.
If one in force and not displayed fair enough.
Has there ever been anybody taken to Court for the offence of fail to display?. (Understand some have had FPN.)
DVD
gone said:
My tax disc holder fell off on one journey recently because of the hot weather. Would I have been done for failure to display?
I doubt it!
Unless of course you failed the attitude test
Oh, so you do have some leaway whether to report or not ?
I thought "The law is the law" and must be obeyed.
Are you going soft ?
A friend of mine was given three points for failure to display. He had a 92-reg Volvo 440, total skip, and a cold snap caused teh tax disc to fall off, coming to rest on the dash. It was still visible from the outside as it was 2 inches from the windscreen.
PC Nob walks past (who had a disagreement with my friend the week previous) and sees this. He goes home to get his digital camera, comes back, takes some pictures. Three points in the post. The local mag refused to budge on the issue, even though the tax disc was valid and the cold weather caused it to fall off (frost on windscreen) and was 2 inches from the windscreen, and clearly visible. If it's not in contact with the windscreen prepare to bend over, even if it was when you left the car.
PC Nob walks past (who had a disagreement with my friend the week previous) and sees this. He goes home to get his digital camera, comes back, takes some pictures. Three points in the post. The local mag refused to budge on the issue, even though the tax disc was valid and the cold weather caused it to fall off (frost on windscreen) and was 2 inches from the windscreen, and clearly visible. If it's not in contact with the windscreen prepare to bend over, even if it was when you left the car.
>>>>>>>A friend of mine was given three points for failure to display<<<<<<<
Be wary of your "friend" Dan for he speaketh with forked tongue.
Section 33(1) Vehicle Excise and Registration Act 1994
outlined the offence of failing to display.
Section 33(2) outlines the penalty which is a max fine of 200 notes NO POINTS.
DVD
This may well be true DVD, but I can assure you that this is what happened, I've seen all of the necessary paperwork. He has three points on his licence for the offence of failing to display, it annoyed him rather a lot when it came to getting a quote for a new car - he couldn't afford the insurance because of the three points.
DVD is right. The 1994 act has no provision for points. Furthermore the way the licence is top be displayed is as per SI 2002 No. 2742 ROAD TRAFFIC
The Road Vehicles (Registration and Licensing) Regulations 2002
....... the manner in which any vehicle licence or nil licence in force for a vehicle is to be fixed to and exhibited on the vehicle in accordance with the provisions of section 33(1) or (1A) of the 1994 Act, when it is used or kept on a public road, is that specified in the following provisions of this regulation.
(3) Each such licence shall be fixed to the vehicle in a holder sufficient to protect the licence from the weather to which it would otherwise be exposed.
(4) The licence shall be exhibited on the vehicle -
(c) in the case of any vehicle fitted with a glass windscreen in front of the driver extending across the vehicle to its near side, on or adjacent to the near side of the windscreen;
So if its sitting on the dash and visible then is adjacent to. Fixed is a bit more debateable - but if faced with a case contrived to catch one out - i would show that I'd fixed it by gluing it to the dash top.
I checked this out as I have a competition car where the disk is fixed to the roll cage adjacent to the near side of the windscreen;
The Road Vehicles (Registration and Licensing) Regulations 2002
....... the manner in which any vehicle licence or nil licence in force for a vehicle is to be fixed to and exhibited on the vehicle in accordance with the provisions of section 33(1) or (1A) of the 1994 Act, when it is used or kept on a public road, is that specified in the following provisions of this regulation.
(3) Each such licence shall be fixed to the vehicle in a holder sufficient to protect the licence from the weather to which it would otherwise be exposed.
(4) The licence shall be exhibited on the vehicle -
(c) in the case of any vehicle fitted with a glass windscreen in front of the driver extending across the vehicle to its near side, on or adjacent to the near side of the windscreen;
So if its sitting on the dash and visible then is adjacent to. Fixed is a bit more debateable - but if faced with a case contrived to catch one out - i would show that I'd fixed it by gluing it to the dash top.
I checked this out as I have a competition car where the disk is fixed to the roll cage adjacent to the near side of the windscreen;
NEVER NEVER NEVER! the cold weather caused it to fall off (frost on windscreen) and was 2 inches from the windscreen, and clearly visible. If it's not in contact with the windscreen prepare to bend over, even if it was when you left the car.[/quote]
how does this work with a Kitcar then as my tax is fixed to the roll bar?
how does this work with a Kitcar then as my tax is fixed to the roll bar?
By the sounds of it there's grounds for appeal. He was told by the police that having it on the dash isn't good enough. Maybe behind the windscreen is not seen as the same as adjacent to. I'll see if I can investigate further, but I'm away for a couple of weeks so may take a while....
Dwight VanDriver said:
Has there ever been anybody taken to Court for the offence of fail to display?. (Understand some have had FPN.)
DVD
You know that! Woe Woe and thrice Woe. My one slip! £12 Matlock mags.
Tax disc sitting on sideboard, not much use there, says he.
Yes it was a case of attitude test determining the result, PC99's attitude.
Ossifer had a thing against rally cars, took him best part of half an hour to figure out this was THE only thing he could find. My attitude was ultra polite and after parrying a few deliberate attempts to get me to give some verbals became even more quietly determined to be purrrr-fect as Wildcat says.
Dwight VanDriver said:
Use to ask, never told why, when I sheeted someone for No Excise Licence, Offence report always had to have a fail to display along side it. (Invariably NFA on this).
How can you display something you do not have?. Always thought it was two bites of the cherry.
DVD
Surely this is an alternative charge. If you sheet (your words) somebody for not having an Excise Licence and they plead not guilty and six months later in court produce an Excise Licence for the relevant period, you have lost your opportunity of charging him with the actual offence ie FTD.
The same goes for failing to produce Driving Licence and/or MOT certificate.
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