Road traffic
Lights defective
Road Vehicle Lighting Regulations / Road Traffic Act 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
- Using on a road a vehicle that does not comply with a construction-and-use or lighting requirement, or contravening such a requirement (typically Road Vehicles Lighting Regulations 1989 charged via RTA 1988, s.42).
- s.41A is brakes, steering-gear or tyres only. Do not cite s.41A for lights unless that is what is on the sheet.
Mens rea
- Using, or causing or permitting use, in breach of the lighting requirement. This is not an intent-to-drive-unlit offence.
Defences
Lights complied / not required at that time (daytime/parked exceptions in the regulations) · Not used on a road · Wrong section (s.41A vs s.42)
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:.
At the police station
Ask which lamp and which regulation. s.40A (danger of injury) is a different, usually more serious, charge.
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.