Truck

Offences

Introduction
Offences carried out in contravention to the Construction and Use Regulations (1986) are dealt with under sections - 41A, 41B, 41C, 41D and Regulation 42 of the Road Traffic Act 1988.

The under mentioned covers what each section deals with, as well as the penalty which each carries for infringement.

Failure to Comply with C&U Regulations
If you receive a summons for a road traffic offence, it will generally contain the allegation that the accused either used, caused, permitted or aided and abetted the use of a vehicle in an illegal way.

The Secretary of State may make regulations generally as to the use of motor vehicles and trailers on roads, their construction and equipment and the conditions under which they may be so used. However, in the case of the C&U Regulations, infringement of the regulations impose an 'absolute' or 'Strict' liability for the breach of the rules. This means liability can arise without fault as the action/offence committed may not have been intentional.
Common occurences of strict liability offences include speeding and overloading. However, other offences, such as careless and dangerous driving, are more complicated when it comes to determining guilt.

There are - in certain situations - a defense able to be offered against an offence, such as:

Insofar as the above is concerned, it is also a defence regarding the overloading of a vehicle of up to five per cent to prove that the limit was not exceeded at the time of loading and that since loading nobody had added anything to the load. (See Overloading).

For an alleged offence under the construction and use regulations it is a defence to prove that the employer or driver did not know, and had no reasonable cause to suspect, that an offence would be committed. This defence only relates to the ability of the court to endorse or disqualify as construction and use offences are otherwise absolute.

However, without any such defence (as laid out above), it is generally an offence for a person to contravene or fail to comply with a construction and use requirement:

[back to top]


use on a road a motor vehicle or trailer which does not comply with such a requirement, or cause or permit a motor vehicle or trailer to be so used.

Section 41A (RTA)
41A. Breach of requirement as to brakes, steering-gear or tyres.

A person who:

[back to top]

Section 41B (RTA)
41B. Breach of requirement as to weight: goods and passenger vehicles.

(1) A person who:

(a) contravenes or fails to comply with a construction and use requirement as to any description of weight applicable to:

(b) uses on a road a vehicle which does not comply with such a requirement, or causes or permits a vehicle to be so used, is guilty of an offence.

(2) In any proceedings for an offence under this section in which there is alleged a contravention of or failure to comply with a construction and use requirement as to any description of weight applicable to a goods vehicle, it shall be a defence to prove either:

(a) that at the time when the vehicle was being used on the road:

(b) in a case where the limit of that weight was not exceeded by more than 5 per cent:

Section 41C (RTA)
41C Breach of requirement as to speed assessment equipment detection devices

A person who:

Section 41D
41D Breach of requirements as to control of vehicle, mobile telephones etc.

A person who contravenes or fails to comply with a construction and use requirement:

Section 42 (RTA)
42. Breach of other construction and use requirements

A person who:

[back to top]


Copyright © 2007 - | Transports Friend