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Sale of unroadworthy vehicles

Road Traffic Act 1988

Vehicles that you sell, offer to sell or have on your forecourt for sale must be roadworthy. If you sell, offer to sell or have an unroadworthy vehicle for sale on your forecourt, then you will commit an offence.

When is a vehicle ‘unroadworthy’?

A vehicle is considered to be unroadworthy if:

  • its brakes, steering, tyres, construction or equipment do not meet statutory standards. Or;
  • its use on the road would present a danger of injury to any person. Or;
  • it is dangerous due to structural corrosion.
  • Also, you will commit an offence if any repair you carry out on a vehicle makes the vehicle unroadworthy.

Can I legally sell an unroadworthy car?

You will need to make a prospective purchaser aware if you are selling a vehicle you believe is unroadworthy. You also need to make them aware that using it on the road would be unlawful (ie displaying a sign on the vehicle stating ‘unroadworthy’).

You will have to be reasonably certain that the vehicle would not be used on the road until it is roadworthy. So you need to make sure that it is not driven from the premises. Do not hand over any paperwork which suggests that the vehicle is roadworthy, e.g. current MOT certificate or current tax disc.

Click below to download further guidance on this subject

Unroadworthy Vehicles Guidance (pdf 72kb)


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