Defective Brakes - ?

[simongt]

If I knowingly drive a car with defective brakes; in this case, the likeleyhood of them locking up without any warning, with the possibility of being in collision with another vehicle, am I breaking the law, if so, which one/s and what other ramifications / issues, legal and otherwise, will there be - ?

 

[vickster]

well if you kill someone it could be manslaughter.
Get your car fixed

 

[Sharky]

Would your car pass the MOT test in it's current state?

If your brakes are suddenly locking and causing an emergency stop, then a collision would be from somebody behind, driving too close. You would even have the possibility of claiming from the other person's insurance. But if you stopped in a very unpredictable manner and in a dangerous location, the other driver could counter claim. And if it was identified that you knew of a fault prior to a collision, the other driver would have a mitigating response.

Whatever you do, don't make it public knowledge of the fault on an open forum.

 

[ebikeerwidnes]

Apart from anything else - in this weather the possibility of brakes suddenly locking up half way round a corner is rather scary!

Imagine how you would feel if you killed or injured a child - or group of children - because the car went out of control half way round a corner and skidded???

get them fixed

 

[roubaixtuesday]

Post reads like a wind up, but if not, get your brakes fixed and don't be a dick.

 

[wafter]

I'm intrigued by the nature of a fault that might cause this... owt to do with the driver behind being too close, perhaps?

 

[Alex321]

If I knowingly drive a car with defective brakes; in this case, the likeleyhood of them locking up without any warning, with the possibility of being in collision with another vehicle, am I breaking the law, if so, which one/s and what other ramifications / issues, legal and otherwise, will there be - ?

Yes, you would be in breach of the law.

Road Traffic Act 1988 (as amended) Section 41A
https://www.legislation.gov.uk/ukpga/1988/52/part/II

41ABreach of requirement as to brakes, steering-gear or tyres.​

A person who—

(a)contravenes or fails to comply with a construction and use requirement as to brakes, steering-gear or tyres, or

(b)uses on a road a motor vehicle or trailer which does not comply with such a requirement, or causes or permits a motor vehicle or trailer to be so used,

is guilty of an offence.

 

[deuxfois]

Asking on behalf of a friend, are you? Or an enemy, perhaps?

 

[fossyant]

Do not drive a car with a serious fault. Knowingly doing so makes said person a right nobber. Get it fixed.

 

[craigwend]

Yes, you would be in breach of the law.

Road Traffic Act 1988 (as amended) Section 41A
https://www.legislation.gov.uk/ukpga/1988/52/part/II

41ABreach of requirement as to brakes, steering-gear or tyres.​

A person who—

(a)contravenes or fails to comply with a construction and use requirement as to brakes, steering-gear or tyres, or

(b)uses on a road a motor vehicle or trailer which does not comply with such a requirement, or causes or permits a motor vehicle or trailer to be so used,

is guilty of an offence.

Probably invalidate insurance, as another offence and also potential charges from any accidents caused itself, ignorance if claimed would not be an excuse in law and being a total t**t for doing this knowingly...

 

[Alex321]

Probably invalidate insurance, as another offence and also potential charges from any accidents caused itself, ignorance if claimed would not be an excuse in law and being a total t**t for doing this knowingly...

Surprisingly, it wouldn't invalidate insurance, though being convicted of it would certainly push your premiums up the next time. And repeated offences of that type are could result in most insurers refusing to insure you at all.

For the legally required third party insurance, I don't think companies are allowed to invalidate it because of the vehicle being unroadworthy - even driving when the MOT has expired or failed won't invalidate that in any policy I have seen.

Ignorance of the facts *can* be an excuse in law, but won't usually be in a situation where it is your responsibility to ensure the vehicle is safe to drive before doing so.

[EDIT]
What I forgot to mention is that it will also automatically incur a charge of Driving without due care & attention.

I know because it happened to me about 35 years ago (maybe a bit more) when I had bought a 2nd hand escort van, and hadn't checked the reservoirs - the brake fluid reservoir was dry, so the first time I braked hard it sucked air in, the next time I braked at all, they didn't work and I ran gently into the back of another car The copper who came when the other guy called was actually very helpful. Although he (rightly) gave me a ticket, he also had a look and saw what the issue was, then drove me to the nearest garage to get a can of brake fluid.
But said ticket resulted in two charges - driving with defective brakes and driving without due care & attention, and when I queried it, I was told that one automatically followed as part of driving with appropriate care is ensuring your vehicle is roadworthy to start with.

My insurance did pay out on the third party claim, I only had third party fire & theft on the van, as it only cost £40.

 

[Drago]

You can, weirdly, be stiffed for dangerous driving, not only if they nature of your actually driving is dangerous, but if the condition of the vehicle itself is dangerous. This always seemed odd to me as there was already a vehicle in a dangerous condition offence.

The only thing that invalidates insurance is to drive otherwise in accordance with a licence, ie, drive with no licence, drive a class of vehicle for which you are not licenced, or drive while unlicenced due to disqualification.

 

[simongt]

The reason for my post is that when I was about to reverse towards my drive recently, a part of the brake mechanism had broken off as I found out later, making any further reverse movement impossible; the car just reared up 'on it's haunches'. I tried pressing and releasing the foot & handbrake several times, but to no avail. I managed to get the car , albeit very slowly to a parking bay not far from the house.
Called out a certain 'well known breakdown coy.'; of which I've been a member for over 20 years and they stung me an extra £200 to enrol their home start facility, as I wasn't the requisite distance form home.
I put in a complaint on the basis that the car was 'in a dangerous condition' etc., for the reasons given in my first post, but they didn't uphold my complaint, saying they'd 'acted correctly' but gave no reason or explanation on how they'd reached that decision.
I'm still fighting it.

 

[vickster]

Called out a certain 'well known breakdown coy.'; of which I've been a member for over 20 years and they stung me an extra £200 to enrol their home start facility, as I wasn't the requisite distance form home.
I put in a complaint on the basis that the car was 'in a dangerous condition' etc., for the reasons given in my first post, but they didn't uphold my complaint, saying they'd 'acted correctly' but gave no reason or explanation on how they'd reached that decision.
I'm still fighting it.

That's not their fault however that your car broke, your policy didn't cover the service you required (you chose not to have Homestart when you renewed).
Just change supplier asap and add at home cover...if you change every year, you can usually get a new customer deal and/or cashback from the likes of quidco

 

[simongt]

That's not their fault however that your car broke, your policy didn't cover the service you required (you chose not to have Homestart when you renewed).

Yes, I know that, but they were expecting me to drive a car illegally; with all the possible ramifications stated, simply in order to comply with 'the quarter of a mile' terms of their home start policy.