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E16 Unroadworthy Vehicles
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T
r
ading Standar
ds
Factsheet E16
Unroadworthy Vehicles
This leaflet offers guidance to all sellers of motor vehicles on the legislation
enforced by Trading Standards relating to the supply of unroadworthy vehicles.
The Road Traffic Act 1988
It is a criminal offence, under the Road Traffic Act 1988, to supply, sell, offer to supply, offer to
sell or expose for sale, a motor vehicle or trailer that is unroadworthy. The law applies to all
sellers - both traders and private individuals.
General Product Safety Regulations 1994
These Regulations apply to both new and second-hand products and therefore include the
supply of second-hand vehicles. They require that any product placed on the market must be
safe. This legislation has been used and applied to unsafe vehicles supplied by garages.
Prosecution in the courts under this legislation can result in a criminal conviction, and the
penalties may be substantial fines or even imprisonment. There may also be adverse publicity
that is likely to affect the reputation of a business.
What Is “Unroadworthy”
A vehicle may be considered to be unroadworthy if any of the following areas are found to be
in an unsatisfactory condition
•
Brakes, steering, gear and tyres
•
Construction, weight or equipment of the vehicle
A vehicle is also considered to be unroadworthy if it is in such a condition that its use on a road
would involve a danger of injury to any person.
Complying With The Law
In order that a vehicle is not supplied in an unroadworthy condition, it is recommended that it is
thoroughly examined by a competent person prior to being advertised or placed on a forecourt.
A competent person should be someone who is qualified and trained and therefore capable of
assessing the condition of a vehicle. It is advisable to keep records of these examinations.
Any defects should be rectified before the vehicle is placed on the forecourt or shown to a
potential buyer as the law applies to vehicles ‘offered for sale’.
It is important to note that reliance on a current MOT test certificate alone may not be sufficient
to determine whether a vehicle is roadworthy.
A valid MOT test certificate is not a guarantee that a vehicle is currently in a roadworthy
condition.
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Supply of vehicles for repair or spare parts
It is not an offence to supply an unroadworthy vehicle or trailer if the seller can prove that they had
reasonable cause to believe it would not be used on a road in Great until it had been made
roadworthy.
However, the seller must also prove that they took all reasonable steps to ensure that a prospective
purchaser would be aware that using the vehicle or trailer in its current unroadworthy condition on a road in
Great would be unlawful.
Similarly, the General Product Safety Regulations do not apply if a purchaser is clearly informed that an item
is being supplied for repair or reconditioning.
If an unroadworthy/unsafe vehicle is to be sold for parts or repair, it is recommended that a notice should be
clearly displayed on the vehicle stating:
•
That the vehicle / trailer is not roadworthy
•
That it is being offered for sale for either parts or repair only
•
That it must not be used on the road in its current condition and must be transported from the
premises.
It is also recommended that the purchaser signs a declaration on the receipt stating that the car was
purchased in an unroadworthy condition and that it should not be used on a road until it has been made safe.
Legal precedent has established that it is not sufficient to use a general notice or statement on a customers
receipt – purchasers must be clearly aware of the condition of the specific vehicle / trailer that they are
buying.
It must also be noted that permitting a person to test drive an unroadworthy motor vehicle or allowing them to
drive such a vehicle away from the premises would give rise to an offence.
Further Information
This Division may be contacted for further advice and information, and officers will be happy to visit your
premises to discuss the legislation in more detail. We can also provide advice on other areas of legislation
that may affect your business, such as Pricing, Consumer Credit, and Sale of Goods civil law requirements.
If you would like further copies of this fact sheet, or more advice, please contact us:
Milton Keynes Council
Trading Standards Division
Environment Directorate
PO Box 105, Civic Offices
1 Saxon Gate East
Central Milton Keynes
MK9 3HH
Tel: 01908 25 25 04
Fax: 01908 25 24 33
Email: tsd@milton-keynes.gov.uk
Website: www.tradingstandards.gov.uk/milton-keynes
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