A driver commits an offence if they use a vehicle in a such a condition that anything on or in the vehicle or any accessories or equipment, or the number of persons carried in or on it the vehicle, are likely to cause danger of injury.
Such defects defects that can lead to prosecution are lose batteries, adjusted suspension, larger than normal tyres, missing bumpers, items sticking out of windows. In fact the list of potential defects is not exhaustive.
The police often stop motor vehicles in order to check there condition. If they find any such defect then it is likely they will offer the owner a vehicle rectification notice. This gives the owner a specific amount of time in which to fix the defect. The recognized advice is, if ever you are offered a rectification notice due to your vehicle being deemed to have a potentially dangerous defect, you should except it at. You are unlikely to benefit from contesting the notice.
If the defect is of a more serious nature then the police may decide to offer a fixed penalty notice. This will mean a small fine, of around £60 but also three points on the driving licence. The recognized advice concerning a fixed penalty notice is such circumstances is do not accept it if the three points are important to you and the special exclusion exists which would or could result in the court not imposing any points.
The circumstances in which a court must not impose points or disqualify from driving are if "they are satisfied that you did not know, and had no reasonable cause to suspect that the use of the vehicle involved a danger of injury to any person".
If you think the exclusion applies to you and you circumstances then the fixed penalty should not be accepted and the exception argued in court. Of course what is meant by a vehicle in a dangerous condition is always a tricky question, as no definite answer exists. The courts are asked to consider this test "is it likely that injury may occur? Likely is deemed to be something more than a bare possibility but less than a probability." It can be seen that this is one of those areas that on the face of it appears straightforward but does need careful consideration should you find yourself in the unfortunate position of having your vehicle examines.
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