Breach of requirement as to brakes, steering-gear or tyres
Part II Construction and Use of Vehicles and Equipment
A person who—
(a)contravenes or fails to comply with a construction and use requirement as to brakes, steering-gear or tyres, or
(b)uses on a road a motor vehicle or trailer which does not comply with such a requirement, or causes or permits a motor vehicle or trailer to be so used,
is guilty of an offence.F196]
“construction and use requirements” means requirements, whether applicable generally or at specified times or in specified circumstances, imposed under this section,
Defined in s.41(7) · see it in the full Act“road”
Defined in s.192(1) · see it in the full Act“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” means a vehicle drawn by a motor vehicle.
Defined in s.185(1) · see it in the full ActThe judgment identified contraventions concerning brakes, steering gear, tyres and related use of a motor vehicle as examples relevant to the unresolved boundary of the illegality doctrine. It did not decide whether the doctrine would apply to those offences. (see para [84])
The provision was cited to show that breach of the tyre-safety obligation was an absolute offence. The court held that this statutory context did not establish civil negligence or a duty to check the tyres. (see paras [16]-[17]; [25]-[27])
Section 41A was identified as part of the statutory basis for the conviction concerning the trailer’s defective braking system. The conviction was evidential of the unsafe condition, but not of negligence.
What each judgment says about section 41A is in the case-law panel in the full Act.