Part II Sentence

General

F1C1 48 Exemption from disqualification and endorsement for certain construction and use offences.

1

Where a person is convicted of an offence under section 40A of the Road Traffic Act 1988 (using vehicle in dangerous condition etc) the court must not—

a

order him to be disqualified, or

b

order any particulars or penalty points to be endorsed on F3...F2 his driving record,

if he proves that he did not know, and had no reasonable cause to suspect, that the use of the vehicle involved a danger of injury to any person.

2

Where a person is convicted of an offence under section 41A of the Road Traffic Act 1988 (breach of requirement as to brakes, steering-gear or tyres) the court must not—

a

order him to be disqualified, or

b

order any particulars or penalty points to be endorsed on F3...F2 his driving record,

if he proves that he did not know, and had no reasonable cause to suspect, that the facts of the case were such that the offence would be committed.

F43

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