Richard C wrote:
I suggest you consult your clerk for your legal advice.
having chaired both case management hearings for this one I consulted - or to be more accurate sat and listened while the clerk gave her views on the law. Twice. I also heard the views of the crown prosecutors - first an in-house lawyer and then a barrister agent. I also heard from the defence lawyers - again a solicitor first and then a barrister.
Richard C wrote:
HMRC's definition of non-resident has no relevance to traffic law covering vehicles imported temporarily from the EU.
I am sure you are correct. But the lawyers in this case all identified the matter of residence as the single issue which would decide how the traffic should be applied, and thus would decide the case. They were all of the opinion that it would not be in the interests of justice for the bench at trial to decide this matter without reference to a pre-existing legally accepted definition of "residence". This is because, if resident you can't drive a foreign registered and insured car in the UK.
The CPS quoted the Gaines - Cooper taxation liability case. In her opinion the conditions set out in that case are deserving of mention and consideration in any legal matter where residence is at issue. The main points to be considered were :-
* the duration of an individual’s presence in the UK;
* the regularity and frequency of visits;
* birth, family and business ties;
* the nature of visits; and
* connections with the UK.
I have no way of knowing how the argument would have ended at trial as the defence changed their plea to guilty immediately after these points were raised.
Richard C wrote:
EU citizens have a right of abode in UK and other EU countries. Someone with a residence in France and one here can be a UK or French citizen and hold either passport. And is free to bring a French registered car here for 6 in any 12 months.
My understanding of the law is that residence in the UK trumps that. In other words if you are resident here you can't use the foreign residence argument for driving a non UK registered car. This understanding comes from the above mentioned case. If you can direct me to some contrary law I would be able to pass it on to the defence lawyer in question in time for an appeal to be mounted.
Richard C wrote:
There are LGVs that spend around 6 months in the UK in 12 leaving the UK weekly to fill upwith much cheaper fuel, when the only abode the driver has is his cab.
Gixxer didn't mention living in a lorry cab or having dual nationality. Those circumstances didn't apply to the defendant in the case I have mentioned.