facing a very difficult situation of a lengthy ban Dominic managed to fight my corner which resulted in a more manageable short term ban. What I liked about Dominic was that he was very straight talking and was very honest. … Continued
Sections 40A to 42 Road Traffic Act 1988
Using a motor vehicle that is defective in some way can amount to an offence under the Construction & Use Regulations. This vast area of the law sets the standards that must be met in relation to the construction, maintenance and use of all motor vehicles.
In short the regulations are concerned with the condition of the vehicle, the way in which it is used and any modifications which make it unsafe or potentially unsafe.
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There are hundreds of offences created by the Construction & Use Regulations. Typical examples include driving a vehicle with:
- Defective tyres
- Defective brakes or steering
- Defective exhaust system
- Insecure or unsafe loads
- Too many passengers
Penalties for construction and use offences vary and include:
- Fines of up to £5000 depending on the type of vehicle, plus
- 3 Penalty Points or
- Discretionary Disqualification
The vast majority of these offences are dealt with by way of Fixed Penalty. If a fixed penalty is not offered by the police, or refused by the driver, court proceedings must commence within 6 months from the date of the offence. It is not uncommon for drivers to be charged with multiple offences under these regulations.
The rules and regulations that apply to Construction & Use offences are often extremely complex and technical. This is clearly illustrated by some of the regulations that apply to tyres:
The regulations on tyres vary depending on the type of vehicle being used and the purpose to which it is being put. In general, the regulations require that tyres have a minimum of 1.6mm of tread depth over the centre three quarters of the tyre that would normally have contact with the road. Some vehicles only require 1mm of tread depth.
The regulations also cover suitable inflation requirements for tyres and mixing different tyre types on the same vehicle. The general condition of tyres with reference to lumps, bumps and tears, together with other features are also detailed in the regulations. Some motor vehicles are exempt.
If a driver is stopped by the police for a minor vehicle defect, such as a faulty light, he can be offered an opportunity to rectify the problem under the Vehicle Defect Rectification Scheme. Under the scheme the driver is given the chance to rectify the defect and avoid prosecution. The scheme is voluntary and usually allows a driver 14 days within which to fix the problem. If the problem is not fixed the driver will face prosecution and the possibility of 3 penalty points and a fine.
Most prosecutions proceed on the basis of police giving evidence about the alleged defect or other contravention, such as driving with an insecure load or too many passengers. In a large number of cases the evidence will be relatively straightforward and the defect or danger will be obvious. In other cases, however, the police evidence will be highly subjective and open to question. It should not be assumed that the police have the necessary expertise to give evidence about technical defects and the inherent dangers. Nor should it be assumed that the evidence of the police cannot be challenged. A factual defence of denial is always open to a driver who disputes the allegation that his vehicle does not meet the required standard.
Nonetheless, it is important to note that ignorance of a regulation or a defect is not a defence. These offences can arise even where the driver was unaware of the defect. Therefore, if a driver is charged with using a vehicle with defective lights it is not a defence that he did not know that the lights were not working. A driver is expected to check all is in order with a vehicle before setting off.
Avoiding Points & Disqualification
If a driver is convicted or accepts that he is guilty of a Construction & Use offence he may avoid penalty points and disqualification if he can show that he did not know, nor had he reasonable cause to suspect, that the offence in question was being committed. The onus is on the defence to establish this requirement on the balance of probabilities.
How we can help
Construction & Use Regulations cover a wide variety of offences, which are often complex and technical. Our experience and expertise in this area will quickly determine the merits of your case and all other options that might be available to you. Early expert advice can save time and expense. We can prepare your case, arrange for supporting documentation and make forceful representations at court. We pride ourselves in offering a service that is friendly, honest and reliable. For free advice that is without pressure or obligation simply contact us:
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