Construction and Use Offences

The offence

Construction and Use offences

s.40A or s.41 Road Traffic Act 1988

The 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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At Darton Law, our specialist team of Solicitors has experience in representing individuals accused of a variety of matters. We provide a professional and efficient service which will leave you confident that you are receiving the best advice and representation. We know that being accused of an offence is not an everyday event. We aim to provide easy to understand information and advice so you know where you stand and what options you have available throughout the process.

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