Defective Vehicle / Dangerous Condition
Defective Vehicle / Dangerous Condition
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
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
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