Construction & Use Offences

This is a large group of offences which are concerned either with the condition a vehicle is kept in or something that has been done to a vehicle which makes it unsafe.

Typical examples of Construction and Use offences are driving a vehicle with:

  • bald tyres;
  • defective brakes;
  • defective steering;
  • carrying an unsafe load; and
  • carrying too many passengers for a particular vehicle.

Do I need an NIP (Notice of Intended Prosecution) for construction and use offences?

No, there is not a requirement for an NIP for Construction and Use offences.


Fine up to £2,500 and 3 points for each allegation (i.e. four defective tyres would be treated separately for punishment and could give rise to a totting disqualification


Any defences in this area usually turn on the particular facts. Do not just accept it when an officer says that your vehicle is in an unsafe condition, as they may not possess the necessary expertise to know whether the vehicle is in fact contravening a construction and use requirement. We advise you contact us immediately if you are facing a prosecution under this head to take specialist legal advice.

Disclaimer The contents of these pages are provided as an information guide only and are limited to offences committed in England and Wales. No responsibility is accepted for any errors, omissions, or misleading statements on these pages or any site to which these pages connect, including any feature or aspect of such site or pages, whether provided by Motor Defence Solicitors or by any organisation, company or individual. No mention of any organisation, company or individual, whether on these pages or on other sites to which these pages are linked shall imply any approval or warranty as to the standing and capability of any such organisations, company or individual on the part of Motor Defence Solicitors.