Defect Penalties if Stopped by The Police

For many years now Traffic Police in the UK have been putting their powers to good use protecting drivers and pedestrians on our roads.

Your Responsibility as a Motorist

You as a motorist have a responsibility to make sure that the car you are driving is roadworthy and if more than 3 years old has a valid MOT certificate. It is important that you keep your car in good condition as apart from costing you more money to run, it can also save you some bother with the local police, should they happen to see you sprinting past with your bumpers hanging off, or hear your bald tyres screeching around a corner.

For both safety and environmental reasons, the law has set up a number of regulations with the purpose of governing the construction and use of vehicles.

Under the Road Traffic Act of 1998 it is an offence to:

“Use, cause or permit another to use a motor vehicle or trailer on a road which might for whatever reason, involve a danger of injury to any person”.

Roadside Checks

Every year the police perform thousands of roadside checks. Of the cars checked, a large number are found to be un-roadworthy and many drivers are surprised to find themselves paying a fine for committing an offence that they didn’t even realise existed - such as letting the reservoir for the window wash run dry.

The most common offences committed are:

• Using a vehicle in a dangerous condition
• Using a vehicle with faulty brakes
• Using a vehicle with defective tyres
• Using a vehicle with faulty lights

What Happens if you are Stopped?

If the police see you driving and think that there may be something wrong with your car, then they are entitled to request that you pull over so that they can have a better look at it and if appropriate, discuss the issue with you.

Upon stopping a motor vehicle, the police officer must tell the driver immediately, if possible, the reason for the stop – e.g. because there is a crackdown on not wearing seatbelts, there is an road safety campaign checking on defective tyres etc, or simply because they spotted that one of the brake-lights wasn’t working.

The officer(s) will probably look over your car and try to spot any other obvious problems. To give you an idea what they will be looking for, check out the list below:

Police Vehicle Defect Form

• No wing/mudguard fitted
• No speedometer
• Defective speedometer
• No mirrors
• No windscreen wipers
• Defective windscreen wipers
• No windscreen washers
• No horn
• No seat belts
• No anchorage points
• Seat belts not properly maintained ?
• Petrol tank not secure or leaf-proof
• Glass not as prescribed?
• Not equipped with suitable/sufficient springs?
• Diesel engine - excess fuel device not maintained

If your vehicle has a visible defect, or one listed above, then you may be issued with a Vehicle Defect Rectification Notice. This has replaced the old unofficial scheme where in the case of minor defects the police used to give verbal warning to the driver and ask them to put the defect right.

The VDRN scheme is voluntary. It involves the police giving the motorist a form, which explains what the defect is. The driver must rectify the defect and submit the vehicle for inspection by an approved garage. The result of the inspection is completed on the form, which must be returned to the police within 14 days otherwise the motorist will face prosecution. Please remember that if your car is considered to be in a dangerous condition, you will get penalty points and could face disqualification.

Above all remember that it is you as the driver who has responsibility for putting the car on the road and the onus is on you to check that the car was in a roadworthy state before you set off on your journey. If you are found and charged with driving a car that is not in a reasonable state or has clear defects, you will be punished accordingly, depending on the severity of the defect.

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