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Road Traffic Act 1988

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75 Vehicles not to be sold in unroadworthy condition or altered so as to be unroadworthy.E+W+S

(1)Subject to the provisions of this section no person shall supply a motor vehicle or trailer in an unroadworthy condition.

(2)In this section references to supply include—

(a)sell,

(b)offer to sell or supply, and

(c)expose for sale.

(3)For the purposes of subsection (1) above a motor vehicle or trailer is in an unroadworthy condition if—

(a)it is in such a condition that the use of it on a road in that condition would be unlawful by virtue of any provision made by regulations under section 41 of this Act as respects—

(i)brakes, steering gear or tyres, or

(ii)the construction, weight or equipment of vehicles,. . .

F1(iii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F2(b)it is in such a condition that its use on a road would involve a danger of injury to any person]

(4)Subject to the provisions of this section no person shall alter a motor vehicle or trailer so as to render its condition such that the use of it on a road in that condition

[F3(a)]would be unlawful by virtue of any provision made as respects the construction, weight or equipment of vehicles by regulations under section 41 [F4or

(b)would involve a danger of injury to any person.]

(5)A person who supplies or alters a motor vehicle or trailer in contravention of this section, or causes or permits it to be so supplied or altered, is guilty of an offence.

(6)A person shall not be convicted of an offence under this section in respect of the supply or alteration of a motor vehicle or trailer if he proves—

(a)that it was supplied or altered, as the case may be, for export from Great Britain, or

(b)that he had reasonable cause to believe that the vehicle or trailer would not be used on a road in Great Britain, or would not be so used until it had been put into a condition in which it might lawfully be so used, F5. . .

F6(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F7(6A)Paragraph (b) of subsection (6) above shall not apply in relation to a person who, in the course of a trade or business—

(a)exposes a vehicle or trailer for sale, unless he also proves that he took all reasonable steps to ensure that any prospective purchaser would be aware that its use in its current condition on a road in Great Britain would be unlawful, or

(b)offers to sell a vehicle or trailer, unless he also proves that he took all reasonable steps to ensure that the person to whom the offer was made was aware of that fact.]

(7)Nothing in the preceding provisions of this section shall affect the validity of a contract or any rights arising under a contract.

F8(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F1S. 75(3)(a)(iii) repealed (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), ss. 16(2), 83, Sch. 8; S.I. 1992/1286, art. 2,Sch.

F2S. 75(3)(b) substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 16(2); S.I. 1992/1286, art. 2,Sch.

F3Word in s. 75(4) inserted (1.7.1992) by Road Traffic 1991 (c. 40, SIF 107:1), s. 16(3); S.I. 1992/1286, art. 2,Sch.

F4Word and s. 75(4)(b) added (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 16(3); S.I. 1992/1286, art. 2,Sch.

F5Word in s. 75(6) repealed (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 83, Sch.8; S.I. 1992/1286, art. 2,Sch.

Modifications etc. (not altering text)

C1S. 75 restricted (1.7.1992) by S.I. 1992/1217, reg.7 (with reg. 11).

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