Vehicle Excise and Registration Act 1994 section 34

Trade licences: penalties

Section 34 sets out the offences and penalties that apply when a holder of a trade licence misuses the licence, including using too many vehicles, using vehicles for unauthorised purposes, or keeping unlicensed vehicles on a public road in circumstances not permitted by the regulations.

• A trade licence holder commits an offence by using more vehicles on a public road at one time than the trade licence authorises, by using a vehicle for a purpose not prescribed under the regulations, or by keeping a non-moving vehicle on a public road in circumstances not prescribed under the regulations — in each case where the vehicle does not have its own vehicle licence in force.
• On summary conviction, the penalty is the greater of either a level 3 fine on the standard scale or five times the vehicle excise duty chargeable on the unauthorised or offending vehicle(s).
• For penalty calculation purposes, the vehicle excise duty chargeable is taken to be the annual rate of duty applicable to the vehicle at the date the offence was committed, although for a vehicle kept but not used on a public road, the relevant annual rate may be a different rate under specific charging provisions.
• Where the conviction relates to a continuing offence, the offence is treated as having been committed on the date or latest date to which the conviction relates, for the purpose of determining the applicable annual duty rate.