Road traffic
Condition of vehicle/accessories/equipment involving danger of injury
England & Wales. Elements, mode of trial, maximum and defences — not a charging or outcome predictor.
- Triable
- Summary only
- Maximum penalty
- See the statute and Sentencing Council guideline for the current maximum.
Actus reus
- Uses, or causes or permits another to use, a motor vehicle or trailer on a road when the condition of the vehicle, or of its accessories or equipment, is such that the use involves a danger of injury to any person (RTA 1988, s.40A(a)).
Mens rea
- Using, causing or permitting that use. Danger of injury is objective. s.40A also covers purpose, passengers and load — those are different pages if that is the charged paragraph.
Defences
Condition did not involve a danger of injury · Not used on a road · Did not use, cause or permit · Wrong paragraph (load is s.40A(d))
Sentencing Council
Sentencing Council guideline effective 04 August 2008. Offence range: Discharge to Band C fine Must impose 3 penalty points.
At the police station
s.41A (brakes/tyres/steering) may be the better or additional charge. Examiner photos decide whether this is really s.40A.
When to involve a rep or solicitor
Police station advice is free under legal aid and is not means-tested.
Authoritative sources for this page
Statute plus Sentencing Council (and CPS where listed) are the two primary sources we used for mode of trial, maximum and elements. Case links are from our verified registry only.
- Statute:Road Traffic Act 1988, s.40A ↗
- Sentencing Council:Sentencing Council definitive guideline ↗
- CPS:CPS — Drink and drug driving ↗