If your vehicle is defective, you could face prosecution under the Construction and Use Regulations depending on the type of defect. In particular, brakes, steering, gear and tyres are subject to quite detailed requirements - for example, Regulation 27 dealing with tyres refers to eight different types of defect and a separate offence is committed in respect of each defective tyre.

The Construction and Use Regulations are gradually being replaced by regulations based on type approval. Which regulations apply in each individual case depends on when an item was manufactured and also when it was first used. The interaction between and application of the various construction, use, type approval and (European) Community Directives is complex and an incorrectly drafted offence can be challenged by the defence. If you have are being prosecuted, or believe that you are in danger of being prosecuted for a vehicle defect contact Traffic Lawyers today.

Using a vehicle in a dangerous condition is a separate offence under s.40A of the Road Traffic Act 1988, as is fitting or supplying defective or unsuitable parts under s.76. It is also an offence to sell an unroadworthy vehicle.

Vehicle defects, if they are sufficiently serious, can result in a charge of dangerous driving, “if it would be obvious to a competent and careful driver that driving the vehicle in its current state would be dangerous”. For more information on the offence of dangerous driving see our Dangerous Driving page.


The comments below are general and should not be taken as a definitive statement of the law or procedure. Expert advice should always be sought on this area. We have not attempted to cover all the obligations or legal requirements that may arise when an accident occurs.