Checking that your vehicle is safe to drive

Checking that your vehicle is safe to drive

At this time of year, for most drivers it’s dark when you drive to work and it’s dark when you drive back home. Dark and Inclement weather, at any time of the year, (but especially during the winter months) can lead to dangerous driving conditions for those who ‘put on their driving gloves!’…

So, let’s take a look at what the law states about the ‘roadworthy’ condition of your vehicle and consider some simple steps, before setting off, which all drivers can and should undertake, in order to ensure when driving and particularly when driving in difficult weather conditions, that you are driving a safe vehicle and driving safely yourself.

As a driver, you are responsible (at all times) in ensuring that the vehicle you are driving is roadworthy. You commit an offence if you drive a vehicle which is in a dangerous condition. You can be fined up to £2,500, and have your driving licence endorsed with 3 penalty points. The court also has power to impose a discretionary driving disqualification. (Note there are different rules for commercial vehicles and increased financial penalties) …if an additional 3 penalty points endorsed upon your licence brings you up to 12 penalty points, the penalty is likely to be a disqualification from driving for a period of 6 months under the ‘totting-up’ provisions.

Section 40A of the Road Traffic Act 1988 states:-

A person is guilty of an offence if s/he uses, or causes or permits another to use, a motor vehicle or trailer on a road when-

(a) the condition of the motor vehicle or trailer, or of its accessories or equipment, or

(b) the purpose for which it is used, or

(d) the weight, position or distribution of its load, or the way it is secured,

is such that the use of the motor vehicle or trailer involves a danger of injury to any person.

For most such offences there will be no prospect of defending the charge, as the offence is adjudged on an ‘objective basis’. On occasion it may possible to avoid an endorsement of penalty points upon your licence as Section 48 of the Road Traffic Offenders Act 1988 creates an exemption setting-out that the Court must not endorse points or disqualify if “(the driver) proves that

s/he did not know, and had no reasonable cause to suspect, that the use of the vehicle involved a danger of injury to any person.”

But why put yourself in this possible situation when a few basic vehicle checks are all that is necessary to ensure your vehicle is roadworthy?

HM Gov website advises that every time you drive you should check that:

the windscreen, windows and mirrors are clean
all lights work
the brakes work
windscreen and rear window washer bottles are topped-up with windscreen washer fluid
tyres - must have the correct tread depth and be free of cuts and defects

What is the legal tyre tread depth?

This depends on the type of vehicle:

cars, light vans and light trailers - 1.6 millimetres (mm)
motorcycles, large vehicles and passenger-carrying vehicles - 1mm

Mopeds only need to have visible tread.

There must be tread across the middle three-quarters and around the entire circumference of the tyre.

The Highway Code rules 226 to 237 set out clear guidance when driving in adverse weather conditions, including wet weather, ice and snow, windy weather, fog and (even) hot weather!.

All drivers should be aware of the rules in The Highway Code and from time to refresh their knowledge of these rules.

It’s worth mentioning just a few of these rules… when driving in adverse weather conditions…

Rule 226. Using your headlights.

You MUST use headlights when visibility is seriously reduced, generally when you cannot see for more than 100 metres (328 feet). You may also use front or rear fog lights but you MUST switch them off when visibility improves.

Rule 236 states you MUST NOT use front or rear fog lights unless visibility is seriously reduced as they dazzle other road users and can obscure your brake lights. You MUST switch them off when visibility improves

(Yet how many times do you see drivers not displaying lights at all in fog and driving rain, when there is clearly significantly reduced visibility…?. And how often do you see a vehicle displaying rear fog lights when the fog has subsequently cleared?)

Rule 227 Wet weather.

In wet weather, stopping distances will be at least double those required for stopping on dry roads.

Rules 232 and 233. Windy weather

High-sided vehicles are most affected by windy weather, but strong gusts can also blow a car, cyclist, motorcyclist or horse rider off course. This can happen on open stretches of road exposed to strong crosswinds, or when passing bridges or gaps in hedges.

Rule 233

In very windy weather your vehicle may be affected by turbulence created by large vehicles. Motorcyclists are particularly affected, so keep well back from them when they are overtaking a high-sided vehicle.

Whilst the more prudent motorist is likely to check the condition of his vehicle more thoroughly before driving (for instance, checking that the vehicle has enough fuel or electric battery for the proposed journey and taking into account possible delays on the journey/… checking oil and other fluid levels/…etc) he or she will also consider their ‘personal fitness to drive’ before setting off… The advice has to be ‘Don’t drive if you don’t feel well enough to do so.’

In short, just a few moments spent checking your vehicle and considering how you feel, before driving, will help to ensure that you are safe to be on the road and that other road users are not likely to be imperilled by you… or put at risk because of the condition of your vehicle.!!

To arrange an initial free telephone advice call, in relation to any type of motoring matter, contact our motoring department on 01606 592159.