What does Schedule 2 paragraph 6 of the HGV Road User Levy Act 2013 do?

Paragraph 6 creates an exception to the Scottish corroboration rule specifically for the section 11 offence of using or keeping a heavy goods vehicle without paying the HGV road user levy. It allows a Scottish court to convict on the evidence of a single witness, removing the usual requirement for two independent sources of evidence.

Why is a single witness sufficient for HGV levy offences in Scotland?

Levy enforcement typically relies on roadside checks or automated camera evidence, making it difficult to produce two independent witnesses. Allowing a single witness to suffice makes enforcement more practical in Scotland, broadly aligning with the evidential standard that applies for comparable regulatory offences in England, Wales and Northern Ireland.

What is the Scottish corroboration rule that paragraph 6 disapplies?

Under Scots criminal law, corroboration is a long-standing requirement that the prosecution must provide evidence from at least two separate and independent sources before a court can convict. This is stricter than the position in England, Wales or Northern Ireland, where no such blanket requirement generally applies to criminal proceedings.

How does paragraph 6 affect HGV operators in Scotland in practice?

For businesses operating heavy goods vehicles in Scotland, a single enforcement officer who observes a vehicle being used without a valid levy payment can provide sufficient evidence for a conviction. There is no need for a second officer or additional independent evidence, making prosecution of the section 11 offence more straightforward.

HGV Road User Levy Act 2013 section Schedule 2 paragraph 6

Single witness sufficient in certain Scottish proceedings

Schedule 2 paragraph 6 deals with a relaxation of the usual Scottish evidence rules in prosecutions for non-payment of the HGV road user levy.

This provision applies only to criminal proceedings brought in Scotland.
It relates specifically to the offence of using or keeping a heavy goods vehicle without paying the required levy (the offence created by section 11 of the Act).
In such proceedings, a conviction may be secured on the evidence of a single witness.
This is a departure from the general Scottish legal principle of corroboration, which normally requires evidence from at least two independent sources.

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