Breach of other construction and use requirements
Part II Construction and Use of Vehicles and Equipment
A person who—
(a)contravenes or fails to comply with any construction or use requirement other than one within section 41A(a) or 41B(1)(a) [F201 or 41DF201] of this Act, 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.F200]
“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 ActApplies the offence provision to the alleged use of a vehicle that failed to comply with a construction and use requirement. (see para [7])
Referred to as creating a criminal offence for contravening a regulation made under section 41. It was part of the historical statutory framework and was not otherwise construed. (see para [8])
Applies the statutory offence provision together with regulation 100(1) of the Road Traffic (Construction and Use) Regulations 1986. The appeal turned on whether the claimant’s conduct amounted to use of the vehicle. (see paras [3], [17])
What each judgment says about section 42 is in the case-law panel in the full Act.