The Road Vehicles (Registration and Licensing) Regulations 2002

PART V U.K. DISCLOSURE OF INFORMATION

Disclosure of registration and licensing particulars U.K.

27.—(1) The Secretary of State may make any particulars contained in the register available for use—

[F1 (a) (i) by a local authority for any purpose connected with the investigation of an offence,

(ii) by a local authority in Scotland, for any purpose connected with the investigation of a decriminalised parking contravention, or

(iii) by a local authority in England and Wales, for any purpose connected with its activities as an enforcement authority within the meaning of Part 6 of the Traffic Management Act 2004;]

[F2 (aa) by the Department for Regional Development for any purpose connected with—

(i) the investigation of a contravention to which Schedule 1 to the Traffic Management (Northern Ireland) Order 2005 (contraventions subject to penalty charges) applies; or

(ii) the exercise of the Department’s powers under Article 18(1)(b) or 21(1)(b) of that Order (immobilisation or removal of vehicles);]

(b) by a chief officer of police;

(c) by a member of the Police Service of Northern Ireland;

(d) by an officer of Customs and Excise F3 ...; F4 ...

[F5 (da) on or after 30th April 2010 or the date of coming into force of section 144A of the 1988 Act (whichever is later), by the Motor Insurers’ Bureau (being the company of that name incorporated on 14th June 1946 under the Companies Act 1929) for any purpose connected with the exercise of any of the functions of the Secretary of State relating to the enforcement of an offence under section 144A of the 1988 Act; or]

(e) by any person who can show to the satisfaction of the Secretary of State that he has reasonable cause for wanting the particulars to be made available to him.

(2) Particulars may be provided to such a person as is mentioned in paragraph (1)(e) on payment of such fee, if any, of such amount as appears to the Secretary of State reasonable in the circumstances of the case.

(3) In this regulation—

(a) “a decriminalised parking contravention” means any act or omission which would have been an offence but for any of the following provisions of the Road Traffic Act 1991, that is to say—

F6 (i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6 (ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iii) paragraph 1(4) of Schedule 3 (contravention of certain orders relating to parking places outside London not to be a criminal offence); and

(iv) paragraph 2(4) of Schedule 3 (provisions creating certain stationary vehicle offences to cease to apply in special parking areas outside London); and

(b) “an officer of Customs and Excise” means an officer as defined in section 1(1) of the Customs and Excise Management Act 1979 M1 and includes any person engaged as mentioned in section 8(2) of that Act.

Textual Amendments

F1 Reg. 27(1)(a) substituted (15.12.2008) by The Road Vehicles (Registration and Licensing) (Amendment No. 3) Regulations 2008 (S.I. 2008/2849), regs. 1(2), 2(2)

F2 Reg. 27(1)(aa) inserted (30.4.2010) by The Road Vehicles (Registration and Licensing) (Amendment) (No. 2) Regulations 2010 (S.I. 2010/1092), regs. 1, 2(2)

F3 Words in reg. 27(1)(d) omitted (1.10.2003) by virtue of The Road Vehicles (Registration and Licensing) (Amendment) Regulations 2003 (S.I. 2003/2154), regs. 1, 4

F4 Word in reg. 27(1)(d) omitted (30.4.2010) by virtue of The Road Vehicles (Registration and Licensing) (Amendment) (No. 2) Regulations 2010 (S.I. 2010/1092), regs. 1, 2(3)

F5 Reg. 27(1)(da) inserted (30.4.2010) by The Road Vehicles (Registration and Licensing) (Amendment) (No. 2) Regulations 2010 (S.I. 2010/1092), regs. 1, 2(4)

F6 Reg. 27(3)(a)(i)(ii) omitted (15.12.2008) by virtue of The Road Vehicles (Registration and Licensing) (Amendment No. 3) Regulations 2008 (S.I. 2008/2849), regs. 1(2), 2(3)

Modifications etc. (not altering text)

C1 Reg. 27 modified (15.1.2014) by Humber Bridge Act 2013 (c. vi), ss. 1(1), 12(1)

Marginal Citations

M1 1979 c. 2.

[F7 Exchange of information U.K.

27A.   The Secretary of State may disclose such information, contained in the register, that he is required to disclose to comply with Article 9 of [F8 the Directive].]

Textual Amendments

F7 Reg. 27A inserted (1.6.2004) by The Road Vehicles (Registration and Licensing) (Amendment) (No. 4) Regulations 2003 (S.I. 2003/3073), regs. 1(1)(d), 7

F8 Words in reg. 27A substituted (15.1.2005) by The Road Vehicles (Registration and Licensing) (Amendment) (No. 5) Regulations 2004 (S.I. 2004/3298), regs. 1, 3(3)

[F9 Cross border exchange of information on road safety related traffic offences U.K.

27B.— (1) Subject to paragraph (3), the Secretary of State must make the information listed in paragraph (4) available to the national contact point of another Member State where requested for the purposes of facilitating the investigation by that Member State of any traffic offence listed in paragraph (5) which is alleged to have been committed in that Member State, after these Regulations come into force, using a vehicle which is registered in the United Kingdom pursuant to these Regulations.

(2) In this regulation the expression “national contact point” means a competent authority designated by a Member State, pursuant to Article 4(2) of Directive 2015/413 of the European Parliament and of the Council, for the purposes of the exchange of vehicle registration data in relation to the traffic offences listed in paragraph (5).

(3) Paragraph (1) applies where a national contact point of another Member State furnishes the Secretary of State with the following information within the period of twelve months beginning with the date of the alleged traffic offence—

(a) the traffic offence listed in paragraph (5) which is alleged to have been committed using the vehicle,

(b) the registration number of the vehicle,

(c) the category of the vehicle and, if known, its make and model, and

(d) the date, time and place of the alleged traffic offence.

(4) The information referred to in paragraph (1) is the following in so far as it may be held in the register—

(a) the name and address of the person who was the registered keeper of the vehicle at the time of the alleged traffic offence;

(b) the name and address of the person who was the owner of the vehicle at the time of the alleged traffic offence;

(c) where that person is an individual, that person’s date of birth;

(d) where that person is not an individual, the legal status of that person;

(e) the make and model of the vehicle;

(f) the chassis number of the vehicle.

(5) This regulation applies to the following traffic offences—

(a) drink driving;

(b) driving while under the influence of drugs;

(c) failing to stop at a red traffic light;

(d) failing to use a seat belt;

(e) failing to wear a safety helmet;

(f) using a mobile telephone or any other communication device while driving;

(g) speeding;

(h) use of a forbidden lane.

(6) In this regulation—

“drink driving” means driving while impaired by alcohol,

“driving while under the influence of drugs” means driving while impaired by drugs or other substances having a similar effect,

“failing to stop at a red traffic light” means driving through a red traffic light or any other relevant stop signal,

“failing to use a seat belt” means not complying with a requirement to wear a seat belt or to use a child restraint,

“failing to wear a safety helmet” means not complying with a requirement to wear a safety helmet,

“using a mobile telephone or any other communication device while driving” means illegally using a mobile telephone or any other communication device while driving,

“speeding” means exceeding speed limits for the road or type of vehicle concerned, and

“use of a forbidden lane” means illegally using part of a road (such as an emergency lane, a public transport lane or a lane temporarily closed for reasons of congestion or road works),

in breach of the law of the Member State where the traffic offence is alleged to have been committed.

(7) The Secretary of State is the national contact point for the United Kingdom.]

Textual Amendments

F9 Reg. 27B inserted (6.5.2017) by The Road Vehicles (Registration and Licensing) (Amendment) Regulations 2017 (S.I. 2017/554), regs. 1, 3

Sale of information derived from particulars contained in the register U.K.

28.  The Secretary of State may sell information derived from particulars contained in the register—

(a) to such persons as the Secretary of State thinks fit;

(b) for such price and on such other terms, and subject to such restrictions, as the Secretary of State thinks fit,

if the information does not identify any person or contain anything enabling any person to be identified.