What is the basic penalty for the registered keeper offence under section 31C of the Vehicle Excise and Registration Act 1994?

On summary conviction for keeping an unlicensed vehicle under section 31A, the basic excise penalty is the greater of level 3 on the standard scale of fines (currently £1,000) or five times the annual rate of vehicle excise duty applicable to the vehicle on the date the offence was committed.

When does the additional penalty under section 31C apply to a registered keeper?

The additional penalty applies when two conditions are met: the convicted person was still the registered keeper of the vehicle when proceedings were commenced, and the vehicle was continuously unlicensed from the date of the offence right through to the start of those proceedings.

How is the additional penalty under section 31C calculated?

The additional penalty ranges from a minimum of the greater of the maximum basic penalty or any late renewal supplement payable, up to a maximum of the greatest of the basic penalty, the late renewal supplement, or ten times the annual vehicle excise duty rate applicable to the vehicle.

Which vehicle excise duty rate is used to calculate penalties under section 31C?

The annual rate of vehicle excise duty applicable to the vehicle on the date the offence was committed is used. However, where a vehicle is kept but not used on a public road and the keeping rate differs from the using rate, the keeping rate applies. For continuing offences, the relevant date is the latest date covered by the conviction.

Vehicle Excise and Registration Act 1994 section 31C

Penalties for offences under section 31A

Section 31C sets out the penalties that apply when a registered keeper is convicted of the offence of keeping an unlicensed vehicle.

On summary conviction, the registered keeper faces an excise penalty of the greater of level 3 on the standard scale or five times the annual vehicle excise duty rate applicable to the vehicle.
Where the vehicle remained unlicensed from the date of the offence until proceedings began and the person was still the registered keeper at that point, an additional penalty applies, ranging from the basic penalty up to ten times the annual duty rate.
The vehicle excise duty used for calculating the penalty is based on the annual rate applicable to the vehicle on the date the offence was committed, with a special rule for vehicles kept but not used on a public road.
References to a vehicle licence expiring include situations where the licence ceased to be in force under a rebate claim or is treated as no longer in force for the purposes of the registered keeper offence.

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