Miscellaneous amendments to sentencing guidelines 2024 - Offence of using or keeping heavy goods vehicle if levy not paid - Ministry of Justice

Offence of using or keeping heavy goods vehicle if levy not paid

The issue

Under section 11 of the HGV Road User Levy Act 2013, all goods vehicles are required to pay an annual levy to use the roads and it is an offence not to do so. The maximum penalty is a level 5 (unlimited) fine. Prosecutions had been dealt with at Swansea Magistrates’ Court, for all offences in England and Wales but from March 2024 they have been dealt with under the Single Justice Process and may fall to be dealt with by magistrates who have no experience of sentencing them. There is currently no sentencing guideline for this offence but the Justices' Clerks' Society (JCS) has issued some guidance.

Similar offences are covered by simple guidelines that can be seen here:

https://www.sentencingcouncil.org.uk/offences/magistrates-court/item/offences-appropriate-for-imposition-of-fine-or-discharge/5-offences-appropriate-for-imposition-of-fine-or-discharge/

The proposed change

The Council proposes to add this to the above page:

Offence

Maximum

Points

Starting point

Special considerations

Using or keeping heavy goods vehicle if levy not paid (HGV Road User Levy Act 2013, s.11)

–

B (driver)

B* (owner-driver)

C (owner-company)

The impact

This proposal which relates to an offence that can only be sentenced to a fine will not have an impact on prison or probation resources. It reflects current informal guidance on fine levels and therefore no significant impact on fines is expected.

6. Do you agree to add the proposed guideline for the offence of using or keeping heavy goods vehicle if levy not paid? If not, please provide any alternative suggestions.