The free library112 of 195 Road policing

Using a vehicle in a dangerous condition

s.40ARoad Traffic Act 1988

Using, or causing or permitting the use of, a motor vehicle or trailer on a road when its condition, use, passengers or load mean its use involves a danger of injury to any person.

Using a vehicle in a dangerous condition · Road Traffic Act 1988, s.40ACard 112 / 195

Points to prove

Used, or caused or permitted another person to use
A motor vehicle or trailer
On a road
When one of the following (s.40A(a) to (d)) was such that its use involved a danger of injury to any person:
(a) the condition of the vehicle or trailer, or of its accessories or equipment
(b) the purpose for which it was used
(c) the number of passengers carried, or the way they were carried
(d) the weight, position or distribution of its load, or the way it was secured

Key definitions

Uses – the driver uses the vehicle. An employer also uses a vehicle that an employee drives on the employer’s business. Using is a strict liability matter.
Causes or permits – causing involves some express or positive direction; permitting includes allowing or failing to prevent. Both require knowledge of the dangerous condition, or deliberately shutting one’s eyes to it.
Motor vehicle – s.185(1): a mechanically propelled vehicle intended or adapted for use on roads.
Danger of injury to any person – judged objectively. Actual injury is not needed; a real risk of injury is enough. Damage to property alone is not enough.
Road – s.192(1): any highway and any other road to which the public has access. Not other public places.

Good to know

Penalty points: obligatory endorsement with 3 points. Disqualification is discretionary, but obligatory (minimum 6 months) if the person was convicted of a s.40A offence in the previous 3 years (RTOA 1988, s.34(4B) and Sch. 2).
Related offences: s.41A (brakes, steering or tyres), s.41B (weight limits) and the Construction and Use Regulations. Where it would be obvious that driving the vehicle in its current state was dangerous, consider dangerous driving (s.2A(2)).
Fixed penalty notice available. Six-month time limit for prosecution.

Legislation: Road Traffic Act 1988, s.40A (opens legislation.gov.uk in a new tab)
Mode of trial: Summary only
Maximum penalty: Unlimited fine (level 5) for a goods vehicle or a vehicle adapted to carry more than eight passengers; fine of up to £2,500 (level 4) in any other case
Last checked: 2 November 2026, against the current law on legislation.gov.uk

Using a vehicle in a dangerous condition: questions people ask

What are the points to prove for using a vehicle in a dangerous condition?

1. Used, or caused or permitted another person to use 2. A motor vehicle or trailer 3. On a road 4. When one of the following (s.40A(a) to (d)) was such that its use involved a danger of injury to any person: 5. (a) the condition of the vehicle or trailer, or of its accessories or equipment 6. (b) the purpose for which it was used 7. (c) the number of passengers carried, or the way they were carried 8. (d) the weight, position or distribution of its load, or the way it was secured

What is the maximum sentence for using a vehicle in a dangerous condition?

Unlimited fine (level 5) for a goods vehicle or a vehicle adapted to carry more than eight passengers; fine of up to £2,500 (level 4) in any other case.

Is using a vehicle in a dangerous condition a summary, either-way or indictable offence?

Using a vehicle in a dangerous condition is a summary-only offence: it is tried in the magistrates’ court.

What Act and section is using a vehicle in a dangerous condition?

Using a vehicle in a dangerous condition is an offence under the Road Traffic Act 1988, s.40A.

More road traffic offences

All road traffic offences