Construction and Use Offences
The offence
Construction and Use offences
s.40A or s.41 Road Traffic Act 1988The sentence
Fine and/or discretionary disqualification
or 3 penalty points
Where a person is convicted of an offence under section 40A or 41 of the Road Traffic Act 1988 (using vehicle in dangerous condition etc / breach of requirement as to brakes, steering-gear or tyres) the court must not order him to be disqualified, or order any particulars or penalty points to be endorsed on the counterpart of any licence held by him.
If the driver can prove that when using the vehicle s/he had no reason to suspect that there would be any danger of injury to any person (dangerous condition) or he did not know and had no reasonable cause to suspect a defect (brakes, tyres etc) then the court must not disqualify or apply points.
This effectively precludes a Court from disqualifying or applying points where the driver had no reason to believe that his vehicle was defective. This might apply where the car had recently passed an MOT yet soon after was found with a defective tyre.
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