Part I E+W+S General

Construction and use E+W+S

8 Construction and use of vehicles. E+W+S

(1) At the beginning of Part II of the M1 Road Traffic Act 1988 there shall be inserted—

“ Using vehicle in dangerous condition E+W+S

40A Using vehicle in dangerous condition etc.

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.”

(2) For section 42 of that Act there shall be substituted—

“41A Breach of requirement as to brakes, steering-gear or tyres.

A person who—

(a) contravenes or fails to comply with a construction and use requirement as to brakes, steering-gear or tyres, or

(b) uses on a road a motor vehicle or trailer which does not comply with such a requirement, or causes or permits a motor vehicle or trailer to be so used,

is guilty of an offence.

41B Breach of requirement as to weight: goods and passenger vehicles.

(1) A person who—

(a) contravenes or fails to comply with a construction and use requirement as to any description of weight applicable to—

(i) a goods vehicle, or

(ii) a motor vehicle or trailer adapted to carry more than eight passengers, or

(b) uses on a road a vehicle which does not comply with such a requirement, or causes or permits a vehicle to be so used,

is guilty of an offence.

(2) In any proceedings for an offence under this section in which there is alleged a contravention of or failure to comply with a construction and use requirement as to any description of weight applicable to a goods vehicle, it shall be a defence to prove either—

(a) that at the time when the vehicle was being used on the road—

(i) it was proceeding to a weighbridge which was the nearest available one to the place where the loading of the vehicle was completed for the purpose of being weighed, or

(ii) it was proceeding from a weighbridge after being weighed to the nearest point at which it was reasonably practicable to reduce the weight to the relevant limit, without causing an obstruction on any road, or

(b) in a case where the limit of that weight was not exceeded by more than 5 per cent.—

(i) that that limit was not exceeded at the time when the loading of the vehicle was originally completed, and

(ii) that since that time no person has made any addition to the load.

42 Breach of other construction and use requirements.

A person who—

(a) contravenes or fails to comply with any construction or use requirement other than one within section 41A(a) or 41B(1)(a) of this Act, or

(b) uses on a road a motor vehicle or trailer which does not comply with such a requirement, or causes or permits a motor vehicle or trailer to be so used,

is guilty of an offence.”

Modifications etc. (not altering text)

C1 S. 8 wholly in force at 1.7.1992 see s. 84 and S.I. 1992/1286, art. 2, Sch.

Marginal Citations

M1 1988 c. 52.