Defective Vehicle / Dangerous Condition Offence and Fines

These offences fall under the provisions of construction and use regulations which govern the use of different types of vehicles, weight, size, the use of trailers as well as driving a vehicle in a dangerous condition or with defects and a number of other provisions relating to the use of vehicles.

This is a difficult area of law because regulations are numerous and varied. Offences apply to different types of vehicles and different types of vehicles are governed by specific regulations. The evidence is often highly technical and complicated so we would always advise that you should get legal advice as early as possible in your case.

You can call one of expert lawyers free of charge for some initial advice which will cover all your options, answer all your questions and put your mind at ease.

Will I always be prosecuted?

The prosecution of motorists for defective vehicles is less common than an offence of speeding or driving without due care and attention as the police will usually issue a defect rectification notice which enables you to repair the defect and provide notice of the repair to the police within 14 days

Most drivers would repair the defect within this time period but often  they fail to notify the police or fail to get the repair completed within the 14 days. However, if you can show the police or the prosecution that the vehicle has been repaired and there were reasonable grounds for the delay you can persuade them to withdraw the proceedings.

Will I get a fixed penalty?

This will depend on the circumstances and your driving record. If you already have 9 points on your licence a fixed penalty notice will not usually be offered. However, most would be offered a fixed penalty of £100 and 3 points.

If you do proceed to prosecution and conviction the penalty will depend on the defect on the vehicle. Defects such as brakes/steering /gears and tyres carry a level 5 fine which is unlimited, 3 penalty points and a discretionary disqualification.

If you can show that you did not know about the defect and had no reasonable cause to suspect that an offence would be committed you will avoid a discretionary disqualification.

Defects with lighting carry a maximum fine of £1,000 for a private vehicle which does not carry more than 8 passenger,s but a maximum fine of £2,500 if a goods vehicle or one adapted to carry more than 8 passengers.

Can I be disqualified for having a defective/dangerous vehicle?

If you are convicted of two offences of a vehicle being in a dangerous condition under S40A within 3 years you face a mandatory 6 month disqualification.

If this is your second offence you should consider the evidence against you as you may have a defence. You can speak to one of our team of specialist lawyers to find out whether you have a defence to your offence.


Unsure what you should do next?

Most motorists are unsure of their options when facing defective vehicle charge.They are often unaware that there may be a disqualification. Call one of our specialist solicitors to discuss your options.

One of our legal team will be more than happy to have a chat about your options and your concerns FREE OF CHARGE.Between us we will reach the right decision.

We will not charge you a penny until you instruct us to act for you and we offer an instalment plan to managing your finance a little easier.

We are confident that we can offer you the best advice and support but you do not have to take our word for it see what our clients think of us

  • Auriga Advocates have been extremely helpfully, very professional to the highest of standards. My case was dealt with quickly, efficiently and thoroughly. I was given all the relevant information to make an excellent and informed decision for the best possible outcome. Andrea has an extensive knowledge regarding drink drive offences and court in general. I would highly recommend her to anyone with confidence that she would be able to get the best possible outcome.

    Mr L Cheshire

  • Andrea had been assigned to me to help deal with a Road Traffic Incident.  I came across their service on line.

    I found Andrea to be very professional and helpful.  Explaining everything in full, so I was able to understand what was happening at all times.  Andrea worked fast and able to get a result for me very quickly.

    I would like to thank Andrea for helping make the ordeal less stressful and would highly recommend her and the company to all my friends who might be in the same situation I found myself in.

    Mr S, Cheshire.

    (In this case we persuaded the police not to issue proceedings at the outset).

  • Thank you for the professional way in which the Auriga Advocates team managed and handled my case. Every question I had at every stage was not only answered but explained so that I understood.I was looking at a long ban and community service but thanks to you and the manner that you dealt with the case especially on the day of the Court hearing, you were able to reduce this to a short ban and small fine.Thank you for achieving the best possible result for me.

    I would recommend you without reservation. Not only were you professional but as a person who had never been in this type of predicament before for the help and understanding you provided to me as an individual.

    Many thanks      Mr G Southampton

  • The result I had today in court was truly outstanding, your professionalism and determination representing my case was second to none. You will be highly recommended by me in the future.

    Thank you for everything, great result!

    Ms Y – Cheshire

  • I have recently used the services of Auriga, and I can say that I was extremely happy with their professionalism, knowledge, and experience with driving offences.

  • The service I received was exemplary I couldn’t have received the result I got without her expertise! I was so impressed with the ultimate result and the friendly help and advice I recieved from Auriga I feel it was money well spent!

    Mr B, Northants  (June 2016)

  • Don’t waste your time looking around – call Auriga Advocates for good sound caring professional advice. My potentially difficult case was handled within 24hrs”  Mr C – Wales