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Crown Copyright Acknowledged
Road Traffic Act 1988 (52) Search lawindexpro for case law on this statute. This document is for private study purposes only. It is likely not to reflect the law as it stands today. It may be incomplete, and some provisions are likely to have been repealed or amended, and new ones inserted. 2A: (1) For the purposes of Sections 1 and 2 above a person is to be regarded as driving dangerously if (and, subject to subsection (2) below, only if) . . . (a) the way he drives falls far below what would be expected of a competent and careful driver, and (b) it would be obvious to a competent and careful driver that driving in that way would be dangerous. (2) A person is also to be regarded as driving dangerously for the purposes of Sections 1 and 2 above if it would be obvious to a competent and careful driver that driving the vehicle in its current state would be dangerous. (3) In subsections (1) and (2) above "dangerous" refers to danger either of injury to any person or of serious damage to property; and in determining for the purposes of those subsections what would be expected of, or obvious to, a competent and careful driver in a particular case, regard shall be had not only to the circumstances of which he could be expected to be aware but also to any circumstances shown to have been within the knowledge of the accused. (4) In determining for the purposes of subsection (2) above the state of a vehicle, regard may be had to anything attached to or carried on or in it and to the manner in which it is attached or carried. 3A.- (1) If a person causes the death of another person by driving a mechanically propelled vehicle on a road or other public place without due care and attention, or without reasonable consideration for other persons using the road or place, and (a) he is, at the time when he is driving, unfit to drive through drink or drugs, or (b) he has consumed so much alcohol that the proportion of it in his breath, blood or urine at that time exceeds the prescribed limit, or (c) he is, within 18 hours after that time, required to provide a specimen in pursuance of section 7 of this Act, but without reasonable excuse fails to provide it, he is guilty of an offence. (2) For the purposes of this section a person shall be taken to be unfit to drive at any time when his ability to drive properly is impaired. 1. Subsection (1)(b) and (c) above shall not apply in relation to a person driving a mechanically propelled vehicle other than a motor vehicle. . . Vehicles not to be sold in unroadworthy condition or altered so as to be unroadworthy. 75:-- (1) Subject to the provisions of this section no person shall supply a motor vehicle or trailer in an unroadworthy condition. (2) In this section references to supply include (a) sell, (b) offer to sell or supply, and (c) expose for sale. (3) For the purposes of subsection (1) above a motor vehicle or trailer is in an unroadworthy condition if (a) it is in such a condition that the use of it on a road in that condition would be unlawful by virtue of any provision made by regulations under section 41 of this Act as respects— (i) brakes, steering gear or tyres, or (ii) the construction, weight or equipment of vehicles, (iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) it is in such a condition that its use on a road would involve a danger of injury to any person] (4) Subject to the provisions of this section no person shall alter a motor vehicle or trailer so as to render its condition such that the use of it on a road in that condition (a)] would be unlawful by virtue of any provision made as respects the construction, weight or equipment of vehicles by regulations under section 41 or (b) would involve a danger of injury to any person. (5) A person who supplies or alters a motor vehicle or trailer in contravention of this section, or causes or permits it to be so supplied or altered, is guilty of an offence. (6) A person shall not be convicted of an offence under this section in respect of the supply or alteration of a motor vehicle or trailer if he proves— (a) that it was supplied or altered, as the case may be, for export from Great Britain, or (b) that he had reasonable cause to believe that the vehicle or trailer would not be used on a road in Great Britain, or would not be so used until it had been put into a condition in which it might lawfully be so used, (c). . . . . . . . . . . . 6A Paragraph (b) of subsection (6) above shall not apply in relation to a person who, in the course of a trade or business (a) exposes a vehicle or trailer for sale, unless he also proves that he took all reasonable steps to ensure that any prospective purchaser would be aware that its use in its current condition on a road in Great Britain would be unlawful, or (b) offers to sell a vehicle or trailer, unless he also proves that he took all reasonable steps to ensure that the person to whom the offer was made was aware of that fact. (7) Nothing in the preceding provisions of this section shall affect the validity of a contract or any rights arising under a contract. | ||||||||
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