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By Les Oldridge, T.Eng (CEO, MIMI, AM IRTE
SUPPLYING DEFECTIVE VEHICLES
SECTION 60 (1) of the Road Traffic Act 1972 makes it an offence to sell, or to supply, or to offer to sell or supply, or to expose for sale a motor vehicle or trailer with any of the following defects: (a) Defective brakes, steering or tyres; (b) with parts and accessories in a dangerous condition; (c) which does not comply with the regulations concerning the construction, weight or equipment of vehicles; or (d) with its lighting equipment or reflectors in such a condition that the use of the vehicle at night would contravene the lighting regulations.
It will be seen that this section is a very far-reaching one; not only is it an offence to sell a defective vehicle but also to supply one so, presumably, if a defective vehicle is merely given away an offence is committed. It is also an offence to expose a vehicle for sale; a defective vehicle standing on a forecourt with a price ticket on it would constitute an offence against this section.
There is no requirement in the Section for the offender to be a motor trader selling the vehicle in the course of his business as there is, for example, in the Trade Description Act. If a butcher sold his van privately and the condition of the van was such that it came within one of the categories outlined above then the butcher would be guilty of an offence against this section. If a haulier purchased a new lorry and sold a defective one back to the garage he would also commit an offence although he may have one of the statutory defences, discussed later, available to him.
A person selling a defective vehicle may have other court action taken against him. He may be sued for breach of contract and an offence against the Trade Descriptions Act may be disclosed if the defective vehicle was advertised as being in good condition. Section 60, at present under discussion, is a criminal offence carrying a maximum penalty of £200 fine.
Paragraph (2) of the same section makes it an offence, carrying a similar penalty, to alter a motor vehicle or trailer so that the Construction and Use Regulations concerning the construction, weight or equipment of vehicles is not complied with.
It is a defence to a charge under this section to prove: (1) the vehicle was intended for export from Great Britain; (2) the seller had reasonable cause to believe that the vehicle would not be used in Great Britain, or that it would not be used until the defects were remedied; or (3) in the case of defects concerned with lights or reflectors the seller had reasonable cause to believe that the vehicle would not be used at night until the defects were remedied.
The second defence (the one which would be available to the haulier selling a lorry to a garage which I discussed earlier) creates a transport problem in many cases.
To illustrate this point let us suppose that a vehicle is sold and the purchaser is told at the time of the sale of the defects which are present in the vehicle. The purchaser promises to carry out the necessary repairs before the vehicle is driven on a road but he wants to take the vehicle to his own workshop to do the repairs.
Now, obviously, the seller cannot allow him to drive the vehicle away because that would be "using the vehicle" but neither can he permit the vehicle to be towed away as that is also "using" it. It matters not whether the vehicle is moved by means of a suspended tow — as long as the wheels are on a road it is being used on a road. The only way it can be movea so that the vendor is not liable is for it to be carried on a low-loader or t. some similar type of vehicle.
It is appreciated that it would be perfectly safe to move the di vehicle by means of a suspended tow and that possibly the police turn a blind eye to the move, but technically an offence we committed.
It was held in British Car Auctions v Wright (1972)1 WLR 1519. auctioneer could not be guilty of offering to sell an unroadworthy under this section. As a matter of strict law he does not "offer for st makes an "invitation to treat" to those persons who are presen• auction who themselves make the offer when they bid for the Although this does not seem to make sense it is the way the interpret the law.
Section 60A makes it an offence to fit, cause or permit to be fit. vehicle a defective or unsuitable part in such circumstances that w vehicle was used on a road an offence would be committed aga. Construction and Use Regulations. The same Section also mak( offence for any person to sell or supply or offer to sell or supply a di or unsuitable part for a vehicle. There are similar defences to this Se. to those outlined above for Section 60.
Some while ago tyres were imported into this country whic suitable only for use on horse-drawn vehicles. The tyres were sold on motor vehicles and this would appear to be the type of transactioi would warrant a prosecution under Section 60A.
An "authorised examiner" may at any reasonable time enter p where, in the course of business, parts are fitted to vehicles or parts supplied or offered for sale. He may test and inspect any vehicle found there for the purpose of detecting offences against this sect may also enter premises where USED motor vehicles or trailers a supplied or offered for sale and test and inspect any USED motor veh trailers found there. They may drive vehicles or draw trailers for the r of this test.
Obstruction of an examiner wishing to examine parts is an punishable with a fine of £100. Obstructing an examiner v to examine used vehicles carries a maximum penalty of £50.
"Authorised examiners" are psv examiners, certifying officers. vehicle examiners and police constables authorised to act as exam i their chief officer. All except policemen in uniform, must prodw authority to act for this purpose if required to do so.
It will be noticed that the power to enter salesrooms, etc, only al USED vehicles are kept there for sale. The Section goes to the trc defining what is meant by the term "used. It states that a vehicle treated as used if it has been previously sold or supplied by retail.