UK Offence Report

Contravention of The All-Terrain Motor Vehicles (Safety) Regulations 1989

the instrument as a whole of The All-Terrain Motor Vehicles (Safety) Regulations 1989

This offence was read from the text as made, and no revised version was available, so a later revocation could not be ruled out. Check the current text at legislation.gov.uk.

What the provision says

Contravening this instrument is an offence under section

12 of the Consumer Protection Act 1987. The instrument itself contains no offence-creating words.

Text as made, from legislation.gov.uk. © Crown copyright, reused under the Open Government Licence v3.0. This is the text as originally made; later amendments are not shown here.

Who it binds, and what has to be proved

Binds
a person
Conduct
breaching the provision
Fault element
Strict liability
Burden of proof
Not determined

The prosecution must prove that the conduct happened. This is a strict liability offence as drafted: the provision uses no word of intention, knowledge, recklessness or negligence, so there is no need to show that a person meant to do it, knew about it, or was careless.

Intention, knowledge and carelessness are irrelevant to guilt. They may still matter a great deal to sentence.

Classifier’s reasoning: contravention offences of this kind are strict as to the breach; the fault position is governed by the parent Act and was not read from it.

What would breach the instrument as a whole?

These are illustrations, not law. They are generated from the provision’s own words to show the shape of the offence. Whether any particular conduct is caught depends on the full text, on any amendment since, and on the facts.

  1. Doing what the provision prohibits, or failing to do what it requires under the All-Terrain Motor Vehicles (Safety) Regulations 1989.

Penalty

Mode of trial
Set by another provision — the instrument states the penalty by reference to an Act or to another regulation
Maximum fine
Not determined
Maximum prison (summary)
Not determined

The instrument does not state a penalty itself. It sets one by reference to section 12 of the Consumer Protection Act 1987.

the penalty is in the parent Act, not in this instrument.

No penalty was determined from this instrument. It may be in the enabling Act, or in a general penalties provision this pass did not connect to the offence. Absence of a figure here is not evidence that the offence carries no penalty.

Sentencing

Offences of this kind are usually sentenced under the guidelines below. This is a mapping by subject, not a finding about this provision, and the links go to a search of the Sentencing Council’s own site.

Prosecution figures

No published per-offence figure was found for this provision, and it could not be matched to a Ministry of Justice offence code. Offences created by statutory instrument very largely do not have one. Absence of a figure is not evidence that the offence is unused.

Status and lifecycle

Current status
Status not determined
Made
5 December 1989
In force from
7 December 1989
Extent
Not stated

How this was established: read from the text as made; no revised version available, so later revocation could not be ruled out.

What the instrument is for

This note is not part of the Regulations) — the explanatory note published with the instrument, © Crown copyright.

These Regulations prohibit the supply of any regulated vehicle which has three wheels.A regulated vehicle is one which is propelled by an internal combustion engine and is designed or constructed primarily for use in leisure activities on all types of land surface or all types of land surface other than highways or roads to which the public has access except for vehicles for disabled persons and any two-wheeled motor cycle with a side-car. The Regulations also prohibit the supply of any regulated vehicle which has four wheels and is designed or intended for use by children under twelve or by persons aged twelve or over but under sixteen unless the requirements set out in regulation 4 are met in the case of vehicles for the lower age group and those set out in regulation 5 are met in the case of vehicles for the higher age group. The requirements are that four-wheeled regulated vehicles must have a maximum speed capability and be fitted with a regulator which is in operation when the vehicle is supplied and which ensures that the vehicle travels at a speed less than the maximum of which it is capable. Four-wheeled regulated vehicles designed or intended for use by persons in the older age group must in addition have a warning label that the vehicle is not suitable for a child under 12 years. The prohibition on the supply of three-wheeled regulated vehicles comes into force on 7th December 1989 on the expiration of the Three-Wheeled All-Terrain Motor Vehicles (Safety) Regulations 1988 (S.I. 1988/2122). The provisions relating to the supply of four-wheeled regulated vehicles come into force on 1st June 1990.

Read the full note and every offence in this instrument

How this was identified as an offence

Everything above rests on the judgement that this provision creates a criminal offence, rather than mentioning one. That judgement is made by rule, from the words of the provision, and this is the rule that made it — with a confidence of 0.50.

Basis
the penalty comes from the enabling Act rather than from this instrument
Confidence
0.50 of 1.00

A provision that states a penalty for an offence created elsewhere can read very like one that creates an offence, and the rules can mistake the one for the other. If the text quoted above sets a penalty for something made an offence by another provision, treat the classification on this page with that in mind, and read the instrument.

Check the source