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Fail to produce test certificate

Road traffic — practical elements, sentencing links and station notes for accredited reps in England & Wales.

Road traffic

Fail to produce test certificate

Road Traffic Act 1988, s.165

England & Wales. Elements, mode of trial, maximum and defences — not a charging or outcome predictor.

Triable
Summary only
Maximum penalty
Level 3 fine

Actus reus

  • The same s.165(1) requirement includes producing the test certificate (and other specified documents) when required by a constable or vehicle examiner (RTA 1988, s.165). Failure is s.165(3).

Mens rea

  • Failure to produce the test certificate when required. The s.165(4) seven-day / reasonably practicable defence applies.

Defences

s.165(4) production · No valid requirement / certificate not required for that vehicle · Certificate was produced

Sentencing Council

Sentencing Council guideline effective 04 August 2008. Offence range: Discharge to Band A fine This offence is non-endorsable and does not attract penalty points Starting point: Band.

View definitive guideline ↗

At the police station

Using without a test certificate is s.47, not s.165. Do not conflate the two.

When to involve a rep or solicitor

Police station advice is free under legal aid and is not means-tested.

Authoritative sources for this page

Statute plus Sentencing Council (and CPS where listed) are the two primary sources we used for mode of trial, maximum and elements. Case links are from our verified registry only.

More in Road traffic

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Sources & further reading

Links are to official publishers (legislation, gov.uk, CPS, LAA, Sentencing Council). Case law on this site is limited to entries in our verified case-law registry. Always confirm the current version before relying on it in live advice.