If you have received a summons or Notice of Intended Prosecution for an offence involving defects to your vehicle then we are here to listen and advise you — contact us now!
If your vehicle is defective, you could face prosecution under the Construction and Use Regulations depending on the type of defect. In particular, brakes, steering, gear and tyres are subject to quite detailed requirements – for example, Regulation 27 dealing with tyres refers to eight different types of defect and a separate offence is committed in respect of each defective tyre.
The relevant Construction and Use Regulations are gradually being replaced by regulations based on type approval. Which regulations apply in each individual case will usually depend on when an item was manufactured and also when it was first used.
Using a vehicle in a dangerous condition is a separate offence under s.40A of the Road Traffic Act 1988, as is fitting or supplying defective or dangerous parts under s.76. It is also an offence to sell an unroadworthy vehicle.
Vehicle defects, if they are sufficiently serious, can result in a charge of dangerous driving, ”if it would be obvious to a competent and careful driver that driving the vehicle in its current state would be dangerous”. For more information on the offence of dangerous driving see our Dangerous Driving page.
The comments above are general and should not be taken as a definitive statement of the law or procedure. Expert advice should always be sought on this area. We have not attempted to cover all the obligations or legal requirements that may arise.