In-the-process-of-being-summoned-to-court-over-section-40a-of-the-road-traffic-act-1988-uk-for-overloaded-90

[dx100uk]

F1[40AUsing vehicle in dangerous condition etc.

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.]

 

The courts sentencing powers are to impose a mandatory 3 penalty points or discretionary disqualification and a fine of up to £2500 for a non-commercial vehicle. If you have committed a similar offence within the last 3 years you will face an obligatory disqualification.

Are there any exceptions to receiving penalty points or a disqualification?

When a person is convicted of an offence under S40 of the RTA 1988, the court must not order an endorsement of points or a disqualification if the driver proves, on the balance of probabilities, that he did not know, and had no reasonable cause to suspect, that the use of the vehicle involved a danger of injury to any person.

 

 

as far as i can see but no would never be prison.

 

 

[dx100uk]

ping @Man in the middle our expert.

 

dx

 

[dx100uk]

[dx100uk]

Hi  

 

This thread is going round in circles and insults 

 

Please return and ask for it to be re-opened when you have a result if you wish 

 

Dx

[dx100uk]

threads merged temp re opened.......