Construction & Use Offences - Bald Tyres, Defective Brakes or Steering

The Offence

relates to the condition a vehicle is kept in or something that has been done to a vehicle which makes it unsafe

Likely Punishment

Fine up to £2,500 and 3 points for each allegation (i.e. four defective tyres would be treated separately)

Defences

the Officer may not have the necessary expertise to show a vehicle is unsafe

Related Offences

Totting

Construction & Use Offences

The Offence

This is a large group of offences which are concerned either with the condition a vehicle is kept in or something that has been done to a vehicle which makes it unsafe. 

Typical examples of Construction and Use offences are driving a vehicle with:

  1. bald tyres;
  2. defective brakes;
  3. defective steering;
  4. carrying an unsafe load; and
  5. carrying too many passengers for a particular vehicle.

Do I need an NIP (Notice of Intended Prosecution) for construction and use offences?

No, there is not a requirement for an NIP for Construction and Use offences.

Punishment

Fine up to £2,500 and 3 points for each allegation (i.e. four defective tyres would be treated separately for punishment and could give rise to a totting disqualification

Defences

Any defences in this area usually turn on the particular facts. Do not just accept it when an officer says that your vehicle is in an unsafe condition, as they may not possess the necessary expertise to know whether the vehicle is in fact contravening a construction and use requirement. We advise you contact us immediately if you are facing a prosecution under this head to take specialist legal advice.

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