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Road Traffic Act 1988

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This is the original version (as it was originally enacted).

75Vehicles not to be sold in unroadworthy condition or altered so as to be unroadworthy

(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, or

(iii)the maintenance of vehicles, their parts and accessories in such a condition that no danger is or is likely to be caused, or

(b)it is in such a condition, as respects lighting equipment or reflectors or their maintenance, that it is not capable of being used on a road during the hours of darkness without contravention of the requirements imposed by law as to obligatory lamps or reflectors.

(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 would be unlawful by virtue of any provision made as respects the construction, weight or equipment of vehicles by regulations under section 41.

(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, or

(c)in the case of a vehicle or trailer the supply of which is alleged to be unlawful by reason of its condition as respects lighting equipment or reflectors or their maintenance, that he had reasonable cause to believe that the vehicle or trailer would not be used on a road in Great Britain during the hours of darkness until it had been put into a condition in which it might be so used during those hours without contravention of the requirements imposed by law as to obligatory lamps or reflectors.

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

(8)In this section “obligatory lamps or reflectors” means, in relation to a motor vehicle or trailer, the lamps or reflectors required by law to be carried on it while it is on a road—

(a)during the hours of darkness, and

(b)when it is neither drawing nor being drawn by another vehicle,

except that the expression does not, in the case of a trailer, include any lamps showing a white light to the front.

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