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Endorsements: what's the point?

29th July 1993, Page 35
29th July 1993
Page 35
Page 35, 29th July 1993 — Endorsements: what's the point?
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Which of the following most accurately describes the problem?

Has your licence been wrongly endorsed? If you have been convicted of an insecure load or dangerous brakes, tyres or steering—and if the offence took place after July 1992—you may have received penalty points when the court had no power to impose them. The Road Traffic Act 1991 created new offences relating to brakes, tyres, steering and danger arising from the condition of the vehicle or its load. These new offences replaced offences previously brought under the Construction and Use Regulations, but Parliament did not revoke the previous C&U regs which remain in force. However, the 1991 Act ruled that offences under the C&U regs would no longer be endorsable. Prosecuting authorities are mistakenly continuing to prosecute under C&U instead of under the amendments to the Rood Traffic Act.

if you have had your licence endorsed for C&U offences check the summons to ensure that the offence for which you have been convicted was endorsable.

Even if the charge was brought under the amended Road Traffic Act you might still avoid an endorsement if you can satisfy the court that you did not know, and had no reason to suspect, that an offence would be committed.

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