Driving licence query

Rover_Driver

Trebor16 wrote: »

You only commit the offence if you subsequently don't produce the licence in the alloted time.

The offence is committed if you fail to produce the licence at the time you are required to.

There is a statutory defence in that you will not be prosecuted for failing to produce the licence at that time if you produce it within 7 days at a Police Station.

The_Turner

Rover_Driver wrote: »

The offence is committed if you fail to produce the licence at the time you are required to.

There is a statutory defence in that you will not be prosecuted for failing to produce the licence at that time if you produce it within 7 days at a Police Station.

Thanks for that he appears to have a problem comprehending that.

Maybe kizkiz the met plod can explain it to him.

Trebor16

Rover_Driver wrote: »

The offence is committed if you fail to produce the licence at the time you are required to.

There is a statutory defence in that you will not be prosecuted for failing to produce the licence at that time if you produce it within 7 days at a Police Station.

Which is exactly the same as saying you only commit the offence if you subsequently don't produce the licence in the alloted time.

Trebor16

The_Turner wrote: »

Thanks for that he appears to have a problem comprehending that.

Maybe kizkiz the met plod can explain it to him.

I suggest you go back and read what you posted in post nine of this thread. If you are having difficulty in comprehending what you wrote in post nine then why not ask your mum for some help.

Flyboy152

The_Turner wrote: »

No, you are given 7 days to produce it. If you fail to do so the offence is comitted on the day you fail to produce at the roadside. Section 164 covers it.

Oh dear, Trebor16 not guessing about the RTA again. He really should read it before making comment.

Funny how he spends most of his time ridiculing people for misquoting motoring law, isn't it.

lady1964

Thanks for reducing my genuine query to a childish battle, the like of which is normally found in the playground

Getting a new licence will cost her £19.

We also thought earlier that it may be that CCTV may have caught something, she knows exactly what time she was at the petrol station so she's hoping that the staff will agree to have a look, but not sure if they need the go ahead from the police, if so, even more reason for her to report, so she will do that on her way to work tomorrow.

Flyboy152

kizkiz wrote: »

And in the real world.....
HORT/1 forms are not used on their own anymore in the Met.
Everything is on pnc,so we have no need for them. If they are given out, there is no procedure for ever checking them
The only time you will get one is on an FPN, as part of the form. This gives you the seven days to produce.
You're not going to get in trouble for not producing your licence at the roadside

I don't thnk that has ever been the case.

Rover_Driver

Trebor16 wrote: »

Which is exactly the same as saying you only commit the offence if you subsequently don't produce the licence in the alloted time.

No, there is a difference between committing the offence and being prosecuted for it.

The offence is committed if the licence is not produced at the time it is required.

If you fail to produce it at the time and do not produce it within 7 days at a Police Station and are prosecuted, the offence on the summons will be that you failed to produce it at the time it was required.

If you had produced it within 7 days, you would not be prosecuted for failing to produce it when required, although you had committed that offence.

Trebor16

Flyboy152 wrote: »

Oh dear, Trebor16 not guessing about the RTA again. He really should read it before making comment.

Perhaps you should learn to read Flyboy and you will see it was The Turner misquoting the law.

Flyboy152 wrote:

Funny how he spends most of his time ridiculing people for misquoting motoring law, isn't it.

The majority of people have worked out your modus operandi and treat you with just the right amount of contempt.

Trebor16

Rover_Driver wrote: »

No, there is a difference between committing the offence and being prosecuted for it.

The only difference between the two is if the CPS decide to prosecute.

Rover_Driver wrote:

The offence is committed if the licence is not produced at the time it is required.

If you fail to produce it at the time and do not produce it within 7 days at a Police Station and are prosecuted, the offence on the summons will be that you failed to produce it at the time it was required.

Which is no different to saying that the offence is committed if the licence is not produced within the alloted time

Rover_Driver wrote:

If you had produced it within 7 days, you would not be prosecuted for failing to produce it when required, although you had committed that offence.

Section 164(6) states that a person is guilty of an offence if they do not produce their licence, but 164(7)(b) & (8)(a) states that if they produce their licence within seven days then section 164(6) does not apply, so they are not guilty of an offence. It is not a statutory defence but clearly states that when a person has produced their licence within the seven day period that they have not committed an offence.