Committing a C&U Offence

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.

Offences

Offences committed under the Construction and Use Regulations 1986 are dealt with under part II of the Road Traffic Act (RTA) 1988. The offences covered here are indicated by the relevant section under RTA as follows:

Failure to comply with C&U Regulations
Section 41A - brakes, steering-gear or tyres
Section 41B - weights, goods and passengers
Section 41C - speed assessment equipment
Section 41D - failure to be in control of a vehicle (mobile telephones use)
Section 42 - breach of RTA, except those above

The information below 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 occurrences 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 possible defence which may be offered against an offence, such as:

Section 41B (2) (see below) of the Road Traffic Act 1988, provides a defence in overloading cases where it can be proved that the vehicle was travelling to the nearest available weighbridge to the loading point or to the nearest point from a weighbridge where it is reasonably practicable to remove a surplus load.

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:

Section 41A Road Traffic Act 1988 

Level 5 fine + 3 points for goods vehicles or vehicles adapted to carry more than 8 passenger
Level 4 fine + 3 points in any other case
Fixed penalty offences
Summary offences

as to brakes, steering gear or tyres, or

Section 41B (1) Road Traffic Act 1988 

Level 5 fine
Fixed penalty offences
Summary offences

as to any description of weight applicable to a goods vehicle or a passenger vehicle adapted to carry more than 8 passengers, or

Section 41C (a) Road Traffic Act 1988 

Level 4 fine + 3 to 6 points for goods vehicles or vehicles adapted to carry more than 8 passengers
Level 3 fine + 3 to 6 points in any other case
Fixed penalty offences (3 points)
Summary offences

as to speed assessment equipment detection devices, or [Sec 18 Road Safety Act 2006 ]

Section 41D Road Traffic Act 1988 

Level 4 fine + 3 points for goods vehicles or vehicles adapted to carry more than 8 passengers
Level 3 fine + 3 points in any other case
Fixed penalty offence
Summary offences

as to not driving a motor vehicle in a position which does not give proper control or a full view of the road and traffic ahead, or not causing or permitting the driving of a motor vehicle by another person in such a position, or

as to not driving or supervising the driving of a motor vehicle while using a hand-held mobile telephone or other hand-held interactive communication devices, or not causing or permitting the driving of a motor vehicle by another person using such a telephone or other device, [See also Sec 26 Road Safety Act 2006 - 27/02/2007 ]

Section 42 Road Traffic Act 1988

Level 4 fine for goods vehicles or vehicles adapted to carry more than 8 passengers
Level 3 fine in any other case
Fixed penalty offences
Summary offences

Any other requirement other than one within section 41A(a), 41B(1)(a), 41C(a) or 41D (above)

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)

Breach of requirement as to brakes, steering-gear or tyres.

A person who:

Contravenes or fails to comply with a construction and use requirement as to brakes, steering-gear or tyres
Uses on a road a motor vehicle or trailer which does not comply with such a requirement, or causes or permits a motor vehicle or trailer to be so used, is guilty of an offence

Section 41B (RTA)

Breach of requirement as to weight: goods and passenger vehicles.

A person who:
1. Contravenes or fails to comply with a construction and use requirement as to any description of weight applicable to:
  - A goods vehicle
  - A motor vehicle or trailer adapted to carry more than eight passengers
2. 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
In any proceedings for an offence under this section in which there is alleged 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:
1. That at the time when the vehicle was being used on the road:
  - It was proceeding to a weighbridge which was the nearest available one to the place where the loading of the vehicle was completed for the purpose of being weighed, or
  - It was proceeding from a weighbridge after being weighed to the nearest point at which it was reasonably practicable to reduce the weight to the relevant limit, without causing an obstruction on any road, or
In a case where the limit of that weight was not exceeded by more than 5 per cent:
- That that limit was not exceeded at the time when the loading of the vehicle was originally completed, and that since that time no person has made an addition to the load

Section 41C (RTA)

Breach of requirement as to speed assessment equipment detection devices

A person who:

Contravenes or fails to comply with a construction or use requirement as to speed assessment equipment detection devices
Uses on a road a motor vehicle or trailer which does not comply with such a requirement, or causes or permits a motor vehicle or trailer to be so used, is guilty of an offence

Section 41D (RTA)

Breach of requirements as to control of the vehicle, mobile telephones etc.

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

As to not driving a motor vehicle in a position which does not give proper control or a full view of the road and traffic ahead, or not causing or permitting the driving of a motor vehicle by another person in such a position, or
As to not driving or supervising the driving of a motor vehicle while using a hand-held mobile telephone or other hand-held interactive communication devices, or not causing or permitting the driving of a motor vehicle by another person using such a telephone or other device, is guilty of an offence

Section 42 (RTA)

Breach of other construction and use requirements

A person who:

Contravenes or fails to comply with any construction or use requirement other than one within section 41A(a) [or 41B(1)(a)] [, 41B(1)(a), 41C(a)] [or 41D] of this Act, or
Uses on a road a motor vehicle or trailer which does not comply with such a requirement, or causes or permits a motor vehicle or trailer to be so used, is guilty of an offence

The following link provides guidance and further information

Road Traffic Act 1988

Road Transport Regulation - https://www.legislation.gov.uk/ukpga/1988/52/contents