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Roadworthy - definition

in Motoring
22 replies 7.1K views
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  • Car_54Car_54 Forumite
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    boatman wrote: »
    More specifically unroadworthy in relation to buying and selling, as that appears to have a legal meaning, but seems to be a bit vague.

    As has been said by Almillar 'causing the driver to be unable to follow the rules of the road' seems a reasonable way to go.

    Assuming a car can pass its MOT all day long, every time, but the problem magically reoccurs, but not during the MOT.

    I suggested engine and gearbox as this is the most likely area where a fault could be that wouldn't come up in an MOT. Something that occurs, but never for arguments sake during an MOT.

    The legal definition is hardly "a bit vague".

    "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,. . .
    (b) it is in such a condition that its use on a road would involve a danger of injury to any person] "

    The only part that seems open to argument is (b). Would an overheating engine cause danger? Probably not.
  • boatmanboatman Forumite
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    Car_54 wrote: »
    The legal definition is hardly "a bit vague".

    "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,. . .
    (b) it is in such a condition that its use on a road would involve a danger of injury to any person] "

    The only part that seems open to argument is (b). Would an overheating engine cause danger? Probably not.
    Yes, part (b) is open, section (a) appears to be the MOT. Section (b) I would assume is deliberately left rather open, so that lawyers can make money discussing it. Its really this last bit I guess I'm asking the question about on a more practical level.
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