Unroadworthy Vehicles

If you sell motor vehicles as a trader (or even privately) then the Road Traffic Acts 1988 and 1991 as amended apply to you.

What does this page cover?
This leaflet gives guidance on the practical steps required to ensure that you comply with the law when supplying motor vehicles and trailers for use on the road. Supply includes exposing for sale (ie displaying for sale), offering to sell and selling.

What is unroadworthy?
A vehicle may be considered unroadworthy if it is in such a condition that its use on the road would involve a danger to someone e.g. the driver, passengers, other road users or pedestrians. 

Common defects which may make a vehicle unroadworthy include worn suspension or steering joints, poor brakes or corrosion surrounding load bearing parts of the vehicle.

Positive action is required to ensure vehicles are roadworthy.

What steps should you take?
Before you display a vehicle you should decide whether it is unroadworthy or not. If you are not sure that a vehicle is in a roadworthy state then you should have it examined by a competent mechanic or engineer or sell it for "spares or repair" and follow the steps below.  

When advertising vehicles e.g. in newspapers, you should clearly separate any vehicles which are unroadworthy and state that these vehicles are sold for "spares and repair" only.

When displaying any unroadworthy vehicles for sale, you must ensure that all prospective buyers are aware that these vehicles are unroadworthy. You should also make it clear that it is illegal to use on the road any vehicle which is an unroadworthy condition.

This may be achieved by displaying all unroadworthy vehicles separately and placing a notice on each one

which clearly states that the vehicle is not roadworthy and is only for "spares and repair".

When offering an unroadworthy vehicle for sale, you should explain to all prospective buyers that the vehicle is not roadworthy and must not be used on the road until properly repaired.

DO NOT allow any buyers to test drive unroadworthy vehicles on the road.

DO NOT allow anyone to drive potential buyers in an unroadworthy vehicle on a road test.

• When selling an unroadworthy vehicle, you should ensure the buyer understands that the vehicle:   

• is unroadworthy;
• is sold for "spares and repairs" only; and
• must not be used on the road until it has been properly repaired.   

You should get the buyer to sign an acknowledgement confirming these 3 points. This should be separate from the sales invoice. A copy should always be given to the purchaser.

DO NOT allow the buyer to drive away an unroadworthy vehicle.
Insist that they provide transport to carry the vehicle away or deliver it to them on a trailer/transporter.

How can I prove that I have complied with the law?
In order to achieve a legal defence you must be able to prove that you carried out ALL the above steps.

The use of a disclaimer form on its own (e.g. a form headed "sale of an unroadworthy vehicle") is not sufficient to prove you have complied with the law.

It is up to the seller of an unroadworthy vehicle to prove a defence.

What about the MOT certificate?
An MOT certificate is only an indication that the car was fit to pass the test on the day it was examined and does not indicate that the car is roadworthy. An MOT test does not cover every aspect of the roadworthiness of a vehicle and the car may have deteriorated since it was tested. 

DO NOT supply a current MOT certificate or a current tax disc (road fund licence) with a car that is unroadworthy.

Are there any exceptions?
Vehicles which are going to be exported from Great Britain may be legally supplied even if they are in an unroadworthy condition. It is up to the seller to prove that the vehicle is genuinely going to be exported.

This leaflet has been prepared for the guidance of traders. It is necessarily worded in a general way and cannot cover every circumstance. It is not an authoritative interpretation of the law.

For further advice contact:- Warrington Borough Council, Community Services Directorate, Palmyra House, Palmyra Sq Nth, Warrington, WA1 1JN

Tel No: 01925 442678 Fax No: 01925 442655