What Is An Unroadworthy Car?
The Road Traffic Act 1988 does not give a definition of what is "unroadworthy", but instead makes reference to the following areas that, if not satisfactory, may lead to a vehicle being unroadworthy:-
- steering and steering gear,
- brakes and braking systems,
- tyres,
- exhaust systems,
- seatbelts and seatbelt anchorages,
- general condition (corrosion, suspension etc).
What Can Trading Standards Do?
As the Road Traffic Act 1988 contains a criminal offence for selling an unroadworthy car, the seller may be prosecuted and if found guilty may be subject to a fine of £5000 on summary conviction.
Before someone can be prosecuted, a file must be put together containing all the evidence that will be used against the seller. This involves obtaining statements from anyone with any information that is relevant to the case, and then interviewing the seller of the vehicle. This evidence is examined and if it is decided that a criminal offence has been committed, we have enough evidence to support a prosecution, and that prosecuting the seller is in the public interest, then the seller is summonsed to appear before the Courts and the case is heard.
When Will Trading Standards Act?
A prosecution will only be considered if we have evidence to show that the vehicle was dangerously unroadworthy at the time of sale.
Where Does This Evidence Come From?
The vehicle needs to be examined by someone who will be credible in court, and is prepared to say that the vehicle was dangerously unroadworthy when it was sold (ie when you bought it).
The vehicle therefore needs to be examined. The first step is for you to have an MOT test carried out on the vehicle. If the MOT examiner’s comments are considered by the investigating officer to give an indication that the vehicle could be dangerously unroadworthy, an expert engineer’s report which can be used as evidence in proving an offence in court may be commissioned by us.
These steps (ie, the MOT test and the subsequent actions taken by us) should all be completed within four weeks of your purchase of the vehicle. Speedy action is therefore vitally important.
It is important to note that an MOT test cannot be used as evidence to prove that a car is unroadworthy, it needs to be examined by an engineer. Conversely, if the seller of the vehicle had had an MOT test carried out immediately prior to the sale, that will have an impact on consideration of the case.
What Can I Do If The Engineer Says The Car Is Unroadworthy?
You should stop using the vehicle on public roads immediately - otherwise you might commit criminal offences and your insurance will be invalid.
Who Pays For My Complaint?
The investigations we carry out together with any legal proceedings, are paid for by the Council. You must arrange and pay for the initial MOT test.
Misdescribed Vehicles
Examples of misdescriptions include:-
- 'Clocked' Cars - the mileage shown is lower than actually travelled by the vehicle.
- Specification - a car is sold as a "GL" model car when it is an "L", or a 1300cc vehicle is sold as a 1600 etc.
- Misdescriptions relating to repair or servicing work (eg ‘new clutch’).
Wigan Council policy is to investigate complaints under a) and b) above only where the vehicle involved is less than 7 years old.
How Do We Investigate Complaints?
There are two basic ways that we investigate the above complaints. If the vehicle’s history is at the centre of the complaint (ie mileage or ownership) then a request for vehicle history is made to DVLA at Swansea. The previous owners are then sent a standard questionnaire and statements are taken from them. When enough evidence has been gathered, the seller is interviewed and a file is compiled. It is then decided whether prosecuting the seller is the best course of action.
Other complaints about matters such as 'new clutch' are often difficult to investigate and may need an expert to examine the vehicle and make a statement about the matter under investigation.
In addition we will normally only act if there is sufficient documentary evidence, showing the false claim, to support a prosecution. This means that the seller should have given you an invoice or guarantee or other document stating 'new clutch' etc and not just made a verbal claim.
Can We Always Prosecute?
The Trade Descriptions Act 1968, does contain defences that are available to people charged with the criminal offences it contains. Whether someone is prosecuted is therefore a matter of fact in each individual case, and each case has to be dealt with on its own merits.
This leaflet is a brief summary of the law and is intended for general guidance only and should not be taken as being an authoritative legal document. For specific advice please contact Wigan Trading Standards.
