Clean Neighbourhoods and Environment Act 2005

question 7

True/False

Clean Neighbourhoods and Environment Act 2005
3 Exposing vehicles for sale on a road
1 A person is guilty of an offence if at any time -
(a he leaves two or more motor vehicles parked within 500 metres of each other on a road or roads where they are exposed or advertised for sale, or
b he causes two or more motor vehicles to be so left.
2 A person is not to be convicted of an offence under subsection (1) if he proves to the satisfaction of the court that he was not acting for the purposes of a business of selling motor vehicles
3 …
4 In this section -
'motor vehicle' has the same meaning as in the Refuse Disposal (Amenity) Act 1978 (c.3);
'road' has the same meaning as in the Road Traffic Regulation Act 1984 (c.27).
Now assess whether the following commentary is correct (true) or incorrect (false).
Commentary:
Section 3(1) sets up the offence, which has two disjunctive elements - (a) or (b). Thus, there are two different ways of committing the offence. Questions should be asked as to the meaning of the words 'motor vehicle', 'road', 'parked', 'exposed or advertised for sale', and the phrase 'causing to be left'.
Section 3(2) provides a defence to the offence under section 3 (1). Here, one would need to know the meaning of the phrase 'acting for the purposes of a business of selling motor vehicles'. The burden of proof appears to rest on the defendant because he must 'prove to the satisfaction of the court'.
Section 3(4) is the definition section, providing definitions of 'motor vehicle' and 'road'. These definitions have to be read into subsections (1) and (2). The reader will have to cross-reference to other Acts to understand these definitions.

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