Road Traffic Act 1988, section 40A

Using vehicle in dangerous condition etc

Part II Construction and Use of Vehicles and Equipment

A person is guilty of an offence if he uses, or causes or permits another to use, a motor vehicle or trailer on a road when—

(a)the condition of the motor vehicle or trailer, or of its accessories or equipment, or

(b)the purpose for which it is used, or

(c)the number of passengers carried by it, or the manner in which they are carried, or

(d)the weight, position or distribution of its load, or the manner in which it is secured,

is such that the use of the motor vehicle or trailer involves a danger of injury to any person.

Definitions used in section 40A 3

motor vehicle

“motor vehicle” means, subject to section 20 of the Chronically Sick and Disabled Persons Act 1970 (which makes special provision about invalid carriages, within the meaning of that Act), a mechanically propelled vehicle intended or adapted for use on roads, and

Defined in s.185(1) · see it in the full Act
trailer

“trailer” means a vehicle drawn by a motor vehicle.

Defined in s.185(1) · see it in the full Act
road

“road”

Defined in s.192(1) · see it in the full Act

Cases considering section 40A 6

Marchant & Anor, R v

[2003] EWCA Crim 2099 · 21 July 2003Interprets

The court contrasted section 40A, which concerns a vehicle’s condition and can encompass latent defects, with section 2A(2), which requires an obvious danger in the vehicle’s current state. (see paras [27]; [29]-[30])

EUI Limited (t/a Admiral) v Vaughn Smith

[2024] EWHC 2803 (KB) · 6 November 2024

The court considered the statutory danger-of-injury standard in assessing competing expert opinions about whether the missing belly pan could make the motorcycle undriveable. The issue was treated as a disputed factual and expert matter for trial (see paras [41]-[49]; [133]; [137]).

Vehicle and Operator Services Agency, R (on the application of) v Henderson

[2004] EWHC 3118 (Admin) · 15 December 2004Interprets

The judgment interprets section 40A as creating an absolute offence. The prosecution need not prove any state of mind; the issue is whether the vehicle’s condition, while being used on a road, involved a danger of injury to any person. The provision was applied to the condition of the lorry’s wheel and wheel nuts. (see paras [9]-[18])

What each judgment says about section 40A is in the case-law panel in the full Act.

Amendments and notes

3 notes from legislation.gov.uk

Amendments

  1. F189S. 40A inserted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 8(1); S.I. 1992/1286, art. 2,Sch.

Modifications

  1. C56S. 40A excluded (17.4.2019) by The Motor Sport on Public Roads (Scotland) Regulations 2019 (S.S.I. 2019/138), regs. 1, 6, sch. 2
  2. C57S. 40A restricted (1.7.1992) by S.I. 1992/1217, regs.7,9 (with reg. 11).