Defective Vehicle Offences
Operating a vehicle in a defective or unsafe condition is a serious offence and can result in immediate enforcement action by the DVSA or police. Common defects include faulty brakes, worn tyres, defective lights, or other safety-critical components. These offences may result in prohibitions, fines, or further action at a conduct hearing.
Road Traffic Defence Law represents drivers and operators in relation to defective vehicle allegations, ensuring a full examination of the facts and supporting clients throughout the enforcement process.
Under the Road Traffic Act and associated regulations, operating a vehicle that is defective or unsafe constitutes a serious offence. DVSA inspectors and police regularly check commercial vehicles for faults that compromise road safety, including brake defects, worn tyres, steering faults, or faulty lighting.
Typical Enforcement Actions
Defects may lead to immediate prohibition of the vehicle from further use until repaired. Prosecution can follow if the defect poses a significant safety risk or if the operator failed to maintain the vehicle appropriately.
Common Defects Cited
- Brake inefficiency or failure
- Tyre tread below legal minimum depth
- Malfunctioning headlights or indicators
- Faulty suspension or steering mechanisms
Legal Defence Approaches
- Reviewing maintenance records to demonstrate reasonable upkeep
- Investigating whether the defect occurred suddenly and without driver knowledge
- Challenging the accuracy or method of inspection
- Demonstrating the operator’s compliance with maintenance schedules and legal requirements
Implications for Drivers and Operators
A defective vehicle offence can attract fines, penalty points, and referral to the Traffic Commissioner, which may affect both driver and operator licences. Prompt legal advice is essential.
How Road Traffic Defence Law Helps
We assess inspection reports, review mechanical evidence, and prepare a detailed legal defence. We support clients through court proceedings, DVSA investigations, and traffic commissioner hearings, helping minimise penalties and preserve licences.