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If your vehicle has a defect which makes it potentially unsafe, you may be in breach of the law, specifically the Road Vehicles (Construction & Use) Regulations 1986. These regulations cover deficiencies in tyres and brakes, and other mechanical problems with a vehicle.
Typical examples include driving with:
You will be in breach of the Regulations if your tyres and brakes are defective, or you overload your car, van or lorry. Driving whilst using a phone also falls under these regulations, because of the safety implications.
Breaching these Regulations is made a criminal offence under the Road Traffic Act 1988. For many of these offences, the police will offer you the chance to pay a fine of £100 and take 3 penalty points on your licence.
If you’re accused of driving with tyres that are worn, call us for advice. However clear the case seems to be, it is worth getting a driving law specialist to scrutinize the evidence against you. Without the right evidence, there can be no conviction.
It may be that you agree with the charge, and you need an outcome from court which allows you to keep driving – or minimises the impact on your driving licence. It may be that the charges seem unfair – for example, if you didn’t reasonably know about the defect. Or it may be that you are facing multiple charges and need to lessen the overall impact of the sentence on you. We can help.
If you would like guidance specific to your situation, please be in touch. There is no charge for our initial legal advice and no obligation to use us further: we will clarify where you stand, we’ll outline your options, and we’ll outline the best legal strategy to move forward.
In a world that can be stressful and challenging, it is encouraging to know there are truly person-centered professionals who are prepared to take the time and effort to make a difficult situation manageable.
Joe McPherson is one such and I am truly grateful for the time energy and expertise, he brought to bear in my recent court case. It seemed fairly clear that i was facing a driving ban in the Kirkcudbright court, which has never not banned a motorist for a speed in excess of 90mph, let alone 98mph. Thanks to the stirling work and meticulous attention to detail which Joe brought to bear an outcome of 6 penalty points and a £500 fine was a godsend. It has meant that my work as a community psychiatric nurse has not been disrupted and has not adversely affected my patients or other team members.
The work that I do and my role and responsibilities are difficult to understand and even more difficult to explain in a concise manner in a court of law. Joe demonstrated a masterful understanding of the complexities and was able to cogently express these to the court in mitigation.
His time and effort and the clarity of his fee structure meant that from the outset I had a clear understanding of costs involved.
I would not hesitate to recommend Joe to others, who find themselves in similar circumstances. His comprehensive and realistic understanding of the law and professional manner are complemented by him being a genuinely nice fella.
Scottish Driving Law | Solicitors and Driving Lawyers