Prosecution for unsafe trailer condition

Yes, you can be prosecuted if your trailer lights, tyres, or load are unsafe. The law places responsibility on both the driver and, in some cases, the owner of the vehicle and trailer combination. Here is how the position works in practice.

Legal framework:

The main legislation is the Road Vehicles (Construction and Use) Regulations 1986 (as amended) and the Road Vehicles Lighting Regulations 1989, both made under the Road Traffic Act 1988. Offences are created by sections 40A, 41A, 41B, and 42 of the Road Traffic Act 1988, depending on the nature and seriousness of the defect.

Lights:

Under the Road Vehicles Lighting Regulations 1989, a trailer towed on a public road must have working rear lights, brake lights, indicators, rear reflectors, and a number plate light. If any of these are not working, you can be stopped and issued a fixed penalty notice or prosecuted. The more serious charge arises under section 40A of the Road Traffic Act 1988 if the defective lighting creates a danger of injury to any person, which carries up to a level 5 fine and possible penalty points or disqualification.

Tyres:

Under Regulation 27 of the Construction and Use Regulations, trailer tyres must meet the same legal standards as those on other vehicles. That means a minimum tread depth of 1.6mm across the central three quarters of the tread and around the entire circumference, no cuts, bulges, or exposed cords, and tyres must be suitable for the use and properly inflated. A defective tyre offence is punishable per tyre, so if all tyres on a twin-axle trailer are illegal you could face multiple charges. Each offence carries a fine of up to level 5 on the standard scale. For vehicles other than goods vehicles, penalty points do not usually apply to trailer tyre offences committed by private individuals, but for goods vehicles and commercial use the penalties can be more severe and points can be endorsed on the driver's licence.

Load:

Under section 40A of the Road Traffic Act 1988, it is an offence to use a vehicle or trailer on a road when the condition of the vehicle, its accessories, equipment, or the number of passengers or the manner in which they are carried, or the weight, position, or distribution of its load, or the manner in which it is secured, is such that its use involves a danger of injury to any person. This is a serious offence carrying an unlimited fine on conviction and, for a driver, potential penalty points or discretionary disqualification. Regulation 100 of the Construction and Use Regulations also makes it an offence if a load is not secured so that neither danger nor nuisance is likely to be caused.

If a load falls from a trailer and causes injury or death, you could face additional charges including causing death by dangerous driving or causing serious injury by dangerous driving, depending on the circumstances.

Who is responsible:

The driver of the towing vehicle is always potentially liable because the law treats the driver as responsible for the condition of the trailer being towed. The owner of the trailer or the person who loaded or secured the load may also face prosecution, particularly in a commercial context. If an employer directed or permitted the use of the unsafe trailer, the employer can also be prosecuted.

Practical points:

1. Before every journey you should check that all trailer lights are working, all tyres are legal and properly inflated, the load is properly secured and within the trailer's rated capacity, and the coupling, safety chain or breakaway cable, and any jockey wheel are in good order.

2. If you are stopped by the police and a defect is found, you may be given a prohibition notice preventing further use of the trailer until the defect is fixed, a fixed penalty notice, or you may be reported for summons depending on the seriousness.

3. If a defect contributed to a collision, the consequences are significantly more serious, both in terms of criminal charges and civil liability for compensation claims.

4. For commercial operators, a conviction for trailer defects can affect the operator's licence, which can have serious business consequences.

In short, the answer is clearly yes, you can be prosecuted, and the penalties can be substantial, particularly if the defect contributes to an accident or injury.