Construction – Use Offences

Road Traffic Act 1988 Section 40: Offences to do with the construction, weight, equipment and use of vehicles.

Using, or causing/permitting another person to use, a vehicle when

(a) the vehicle’s condition, 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 its use involves a danger of injury to any person.

There are lots of provisions under this section, but mainly they relate to the following:

  • Width, height and length of vehicles/trailers
  • Wheels, tyres and vehicle condition
  • Emissions
  • Noise
  • Weight
  • Towing
  • Brakes
  • Lighting Equipment and reflectors
  • The current position is that all Construction-Use Offences: ie,defective vehicles , defective parts etc – tyres will result in you obtaining penalty points on you licence.This means that if you a re a new driver who if he reaches 6 points in the first two years of driving will have their licence endorsed you must have the opportunity to challenge these matters.As Road Traffic Lawyers we can do this and put the crown to the test.Whether it an overloaded lorry or defective parts we are in a position to challenge these matters.If you are driver you could easily be caught out under the totting up regulations.
  • So do not rush to make a decision on this matter make sure you take legal advice before you do anything as once you have made a decision you made find the consequences are much more sevewre than previously imagined.

How We Can Help

Read here about a successful case at Inverness Sheriff Court where the client was found not guilty of failing to secure a load.