Section 42 | Not fixing registration mark.

(1)If a registration mark is not fixed on a vehicle as required by virtue of section 23, the relevant person is guilty of an offence.

(2)A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(3)In subsection (1) “the relevant person” means the person driving the vehicle or, where it is not being driven, the person keeping it.

(4)It is a defence for a person charged with an offence under subsection (1) to prove that—

(a)he had no reasonable opportunity to register the vehicle under this Act, and

(b)the vehicle was being driven for the purpose of being so registered.

(5)It is a defence for a person charged with an offence under subsection (1) in relation to a vehicle—

(a)to which section 47 of the Road Traffic Act 1988 applies by virtue of subsection (2)(b) of that section, or

(b)to which Article 63 of the Road Traffic (Northern Ireland) Order 1995 applies by virtue of paragraph (2)(b) of that Article,^F1

(vehicles manufactured before the prescribed period and used before registration) to prove that he had no reasonable opportunity to register the vehicle under this Act and that the vehicle was being driven in accordance with subsection (6).

(6)A vehicle is being driven in accordance with this subsection if—

(a)it is being driven for the purposes of, or in connection with, its examination under section 45 of the Road Traffic Act 1988 in circumstances in which its use is exempted from subsection (1) of section 47 of that Act by regulations under subsection (6) of that section, or

(b)it is being driven for the purposes of, or in connection with, its examination under Article 61 of the Road Traffic (Northern Ireland) Order 1995 in circumstances in which its use is exempted from paragraph (1) of Article 63 of that Order by regulations under paragraph (6) of that Article.^F2