Dangerous Vehicle Conditions road traffic offences

Dangerous vehicle offences are covered by section 40A of the Road Traffic Act 1988, this includes acts such as:

  • Overloaded vehicles
  • Penalty for overloading a car with passengers
  • Overweight fines
  • The position and distribution of a load
  • The method of securing a load being carried
 

A vehicle can also be considered dangerous if its structure has been changed so as to make it dangerous. These are classed as ‘Construction & Use’ offences and cover brakes, steering, defective tyres, lights etc that may be considered dangerous.

For minor dangerous vehicle offences, the police will usually issue a vehicle defect rectification notice as an alternative to prosecution. You will be given a form setting out the defects in your vehicle which gives you 14 days to have the vehicle repaired and the defect form returned to the police stamped by the garage to confirm the work has been completed.

Those who face prosecution however will find the penalty will depend on the defect on the vehicle. Defects such as brakes, tyres, gears or steering will carry a level 5 fine (which is unlimited), 3 penalty points and a discretionary disqualification. The disqualification has an exception if you can show you did not know about the defect and had no reasonable cause to suspect that an offence would be committed. Please note: 3 penalty points are issued for each allegation, this means that if you have 4 defective tyres you could end up with 12 points on your licence which would lead to a totting disqualification.

How we can help

Brian Koffman & Co are specialist motoring offence solicitors with a very high success rate and have years of experience in handling cases like these. Our knowledge and expertise will ensure we reach the best possible outcome for you

Contact us today

If you have been charged with driving a dangerous vehicle motoring offence you will need the knowledge, expertise and support of a solicitor who understands, we can help. Please contact Brian Koffman & Co on 0161 832 3852, or submit an enquiry and we will call you back.