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Checks before cheques...

7th September 2000
Page 23
Page 23, 7th September 2000 — Checks before cheques...
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Which of the following most accurately describes the problem?

• Once a vehicle has reached the end of its operational life it is natural that the operator would want to dispose of it in the most costeffective manner. UsilAlly this means selling it to an interested party who can produce the cash and take it away as quickly as possible, either for scrap or for further use. It all sounds easy enough...

Alternatively, before the vehicle reaches the end of its service life the operator might want to dispose of it as part of a fleet reduction programme, or to make way for a new model better equipped and more suited to the work. Either way, this too sounds simple.

That's the theory, at least, but the seller needs to be very careful how he handles the sale of a second-hand or a scrap vehicle, otherwise he could find himself facing prosecution for an offence under the 1988 or 1991 Road Traffic Acts.

Section 75 of the 1988 Act, as amended by section 16 of the 1991 Act, makes it an offence to supply a motor vehicle or trailer in an unroadworthy condition. 'Supply' is held to mean to actually sell, offer to sell or supply, or merely expose for sale. Offenders face the risk of fines at Level 5 on the standard scale, which equates to a maximum of .t5,000. An unroadworthy vehicle or trailer is one which is found on a road in such a condition that:

• It does not meet the requirements of the Road Vehicles (Construction & Use) Regulations 1986, as amended, in regard to brakes, steering gear and tyres, or the construction, weight or equipment of the vehicle or trailer; • It has defective reflectors or other defects in its lighting system contrary to the Road Vehicle Lighting Regulations 1989; • It poses a danger of injury to any person through its use on the road; Any vehicle or trailer which cannot meet these legal requirements, is not roadworthy whether used (eg driven) by the seller or the prospective buyer, even if only for road testing prior to the sale or purchase.

This means that when an unroadworthy vehicle is being demonstrated by the seller to a prospective purchaser, or where a seller allows a prospective buyer to test the vehicle, and the enforcement authorities catch them, both parties are likely to face charges. The seller would be charged with 'offering to sell' as well as the relevant C&U offences, while the purchaser, if he was at the wheel, would also face similar C&U charges for 'using' an unroadworthy vehicle.

These C&U offences also carry the Level 5 (L5,000) maximum fine on conviction plus the possibility of penalty points on the offender's driving licence, or even disqualification from driving.

Displaying for sale a vehicle, which needs attention to meet legal requirements is an offence, even if the seller intends to repair any defects before a purchaser pays for or takes the vehicle away. Under the 1988 Act the seller could defend himself against such a charge by stating either: • That he believed the vehicle was to be exported from Great Britain; or • That he had made the buyer aware of the defects and that he understood the buyer intended to remedy them or have them remedied before using the vehicle on the public road.

However, Section 16 of the 1991 Road Traffic Act tightened up the law by placing a statutory duty on the seller to ensure that the buyer is aware that a vehicle being offered for sale is in an unroadworthy condition. Previously the seller could rely on the defence that he believed the vehicle would not be used on the road until it had been made roadworthy.

The prospective seller of a vehicle must therefore either: • Bring the vehicle up to the required standard of safe condition before offering it for sale; or • Make clear to the prospective purchaser that it has maintenance faults which need to be remedied before the vehide can be taken on the road.

The buyer should:

• Satisfy himself that a vehicle is legally roadworthy before taking it on the road; or • Confirm to the seller (in writing) that he will accept the legal consequences if he is prepared to risk driving it away in an illegal condition.

Ideally, all relevant information about the condition of the vehicle given by the seller, and the prospective buyer's acceptance of the situation, should be in writing. This will protect the seller against any consequences of the buyer taking the unroadworthy vehicle on the road and claiming that he had no knowledge of any defects.

Under the legislation mentioned above it is also an offence to: • Alter any vehicle so as to make it unroadworthy, or to supply a vehicle altered in this manner; or to • Fit any part to a vehicle which makes the vehicle unsafe and contravenes the relevant regulations. For example, fitting a tyre which is below the statutory limits on tread depth or which fails to meet other requirements regarding its condition would constitute such an offence.

• by David Lowe

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