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Exhaust defective

Road traffic — practical elements, sentencing links and station notes for accredited reps in England & Wales.

Road traffic

Exhaust defective

Road Vehicles (Construction and Use) Regulations / RTA 1988 (as charged)

England & Wales. Elements, mode of trial, maximum and defences — not a charging or outcome predictor.

Triable
Summary only
Maximum penalty
Level 3 fine

Actus reus

  • Contravene or fail to comply with a construction-and-use requirement other than one within s.41A or s.41B, or use on a road a vehicle which does not comply, or cause or permit such use (RTA 1988, s.42). Exhaust/silencer requirements are in the C&U Regulations — read the charged regulation.

Mens rea

  • Using, causing or permitting use in breach of the exhaust/silencer requirement.

Defences

System complied with the charged regulation · Not used on a road · Did not use, cause or permit

Sentencing Council

Sentencing Council guideline effective 04 August 2008. Offence range: Discharge to Band B fine Starting point Driver: Band A fine When the offence is committed in the course of a business:.

View definitive guideline ↗

At the police station

Noise and a missing silencer are typical. This is not s.41A.

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.

More in Road traffic

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Sources & further reading

Links are to official publishers (legislation, gov.uk, CPS, LAA, Sentencing Council). Case law on this site is limited to entries in our verified case-law registry. Always confirm the current version before relying on it in live advice.