Part II

Construction and Use of Vehicles and Equipment

Using vehicle in dangerous condition

Using vehicle in dangerous condition etc.
40A
A person is guilty of an offence if he uses, or causes or permits another to use, a motor vehicle or trailer on a road when—
a
the condition of the motor vehicle or trailer, or of its accessories or equipment, or
b
the purpose for which it is used, or
c
the number of passengers carried by it, or the manner in which they are carried, or
d
the weight, position or distribution of its load, or the manner in which it is secured,
is such that the use of the motor vehicle or trailer involves a danger of injury to any person.
S. 40A restricted (1.7.1992) by S.I. 1992/1217, regs.7,9 (with reg. 11).
S. 40A inserted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 8(1); S.I. 1992/1286, art. 2,Sch.
S. 40A and cross heading inserted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 8(1); S.I. 1992/1286, art. 2,Sch.
Pt. II modified (16.8.2006) by The Dover Harbour Revision Order 2006 (S.I. 2006/2167), art. 27
S. 40A excluded (17.4.2019) by The Motor Sport on Public Roads (Scotland) Regulations 2019 (S.S.I. 2019/138), regs. 1, 6, sch. 2