VEHICLE POLICY STATEMENT ON MISREPRESENTED AND OFFENSIVE REGISTRATION MARKS

INTRODUCTION

This statement has been produced by the Driver and Vehicle Licensing Agency (DVLA). The statement gives guidance on the steps that are taken when dealing with registered keepers who misrepresent their registration marks. The purpose of the statement is to provide information about the misrepresented registration marks regulations and to advise what the Agency and the police are doing to tackle the problem.

BACKGROUND

The Department of Transport, acting through DVLA, has statutory responsibility under the powers of the Vehicle Excise and Registration Act 1994, and subsequent amendments, for vehicle registration and licensing in the United Kingdom. Section 23(2) of the Act allows the DVLA to assign and withdraw registration marks on behalf of the Secretary of State for Transport. The Road Vehicles (Display of Registration Marks) Regulations 2001, as amended, specify the size and spacing that registrations number plates must conform to.

The main purpose of the registration mark is to enable a vehicle to be identified. Registration marks are not items of property in their own right; consequently it is not possible to acquire legal title to them. They are assigned to, and may be withdrawn from, vehicles rather than keepers, by the Secretary of State, as part of the basic registration and licensing process required by law. The DVLA acknowledges the widespread interest in personalised and cherished registration marks and provides special facilities that allow motorists to acquire and retain the use of particular numbers.

The Agency and the police take the matter of misrepresented registration marks very seriously. The misrepresentation of registration numbers is a serious problem and the practice can make vehicles difficult to identify and hamper police efforts to trace vehicles involved in incidents such as hit and run collision or serious crime. The deciphering of mis-spaced or corrupted registration numbers stretches police resources and in some instances makes it impossible to prosecute the perpetrators of serious offences. It is an offence to alter, re-arrange or misrepresent the characters in a way that makes it difficult to distinguish the registration number. Offenders are liable to a maximum fine of £1,000.

MISREPRESENTED REGISTRATION MARKS

Tougher enforcement measures have been announced for dealing with offenders. Since 1 March 1999, the Driver and Vehicle Licensing Agency and the police have been acting together to target the offence of misrepresenting a vehicle registration mark. Persistent offenders can expect to have their registration marks withdrawn permanently and without compensation. Also, the Home Office has included number plate offences within the fixed penalty system. This provides the police with a practical and effective means of enforcement.

When a notification is received from the police that a registration mark has been misrepresented, the Agency automatically sends a warning letter to the registered keeper telling them to change their registration mark. If the Agency receives another notification from the police the offender is asked to provide photographic evidence within 21 days that this has been carried out or the mark will be withdrawn.

It remains for the police to prosecute offenders when the law has been broken.

REGISTRATION MARKS DEEMED OFFENSIVE

The Agency has a responsibility to its stakeholders and customers to ensure that the combination used on registration marks do not cause upset or offence. DVLA adopts a clear policy of withholding potentially offensive registration marks either from normal issue or from its sales scheme. Such marks are withheld if they are likely to cause offence or embarrassment to the general population in this country on the grounds of political, racial and religious sensitivities or simply because they are in poor taste.

The system used to identify possible offensive registration marks is subject to manual intervention, and requires the Agency staff to exercise their judgement based on the above principles. On occasions where the Agency is made aware that marks have slipped through the net, steps are immediately taken to withdraw the registration marks. In these cases compensation, refund of the purchase price or an alternative attractive mark may be considered.

DVLA STAFF

As civil servants, DVLA staff are expected to adhere to and uphold the law. They must not conduct themselves in a manner that would bring embarrassment to the Government or the Agency. Any vehicle brought onto a DVLA or Local Office site by a member of staff (this includes PACT partners and contractors) must comply with the requirements of the licensing, registration and display of registration mark legislation.

If a member of staff is reported to be misrepresenting their number plate while parked on site, their line manager will firstly give them a verbal warning. The line manager will inform them that the vehicle will not be allowed back on site until the number plate is changed. If this warning is ignored and the vehicle is reported again, consideration will be given to revoke the car pass and withdraw the registration mark without compensation.

NOTIFICATIONS FROM MEMBERS OF THE PUBLIC

DVLA will acknowledge notifications from members of the public who report illegal or mis-represented registration marks. However, because of the possibility of malicious intent surrounding the notification and the lack of detailed knowledge about the display of registration marks DVLA do not take any action against the keeper of the vehicle being reported.

DVLA have considered the possibility of taking action in these cases but the resource required to validate the notification is currently prohibitive.

Driver and Vehicle Licensing Agency