Author Topic: ULEZ charge for car on transporter  (Read 400 times)

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andy_foster

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Re: ULEZ charge for car on transporter
« Reply #15 on: March 19, 2024, 03:25:51 pm »
The law (VERA 1994 s.42) requires the number plate to be fixed, and not obscured (s.43) at all times.

There are no exceptions for trade plates, transporters or indeed stored off-road or in a garage.

VERA1994 is Primary Legislation. Read as normal English, it requires the number plate to be fixed and not obscured, and does not qualify that requirement.

"The law" is how legislation and common law are interpreted.

It might be the case that there is binding case law on some or all aspects of the scope of the provision - in which case that is the law.
Otherwise, the law is whatever the courts decide it is.

Road traffic legislation often specifies the scope of the provisions - some enactments apply to public roads, some to public roads and public places, and some universally.
Where no scope is specified, it is open to interpretation.

Also, when open to interpretation, it must be read in such a way as to give effect to ECHR rights. If replacing your own bumper while on your own property is a right protected by the ECHR, "the law" does not require you to display a numberplate while changing your bumper on your own property - regardless of whether or not it would have otherwise.
I am responsible for the accuracy of the information I post, not your ability to comprehend it.

cp8759

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Re: ULEZ charge for car on transporter
« Reply #16 on: March 19, 2024, 04:49:15 pm »
Surely the answer is that if you remove the number plate during a repair, the number plate is displayed "in accordance" with the requirements of VERA as per TFL v London Tribunals...
I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law. Section 6 of the Interpretation Act 1978 applies to everything I post as it would apply to an Act of Parliament. I am a Conservative councillor, this means some people think I am "scum". I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor nor a barrister. Notwithstanding this, I voluntarily apply the cab rank rule.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order