{
  "url": "https://openlegislation.uk/road-traffic-offenders-act-1988/section-48",
  "json_url": "https://openlegislation.uk/road-traffic-offenders-act-1988/section-48.json",
  "legislation": "ukpga/1988/53",
  "legislation_title": "Road Traffic Offenders Act 1988",
  "legislation_url": "https://openlegislation.uk/road-traffic-offenders-act-1988",
  "path": "section/48",
  "kind": "section",
  "number": "48",
  "heading": "Exemption from disqualification and endorsement for certain construction and use offences.",
  "text": "(1) Where a person is convicted of an offence under section 40A of the Road Traffic Act 1988 (using vehicle in dangerous condition etc) the court must not—\n(a) order him to be disqualified, or\n(b) order any particulars or penalty points to be endorsed on ... his driving record,\nif he proves that he did not know, and had no reasonable cause to suspect, that the use of the vehicle involved a danger of injury to any person.\n(2) Where a person is convicted of an offence under section 41A of the Road Traffic Act 1988 (breach of requirement as to brakes, steering-gear or tyres) the court must not—\n(a) order him to be disqualified, or\n(b) order any particulars or penalty points to be endorsed on ... his driving record,\nif he proves that he did not know, and had no reasonable cause to suspect, that the facts of the case were such that the offence would be committed.\n(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .",
  "extent": "E+W+S",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "S. 48 substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 48, Sch. 4 para.101; S.I. 1992/1286, art. 2,Sch."
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Words in s. 48(1)(2) repealed (8.6.2015) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 3 para. 45(2), Sch. 7(4); S.I. 2015/560, art. 3 (with arts. 4-9)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Words in s. 48(1)(b)(2)(b) inserted (1.4.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 2 para. 13; S.I. 2008/3164, art. 4(b)"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "S. 48(3) repealed (8.6.2015) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 3 para. 45(3), Sch. 7(4); S.I. 2015/560, art. 3 (with arts. 4-9)"
    },
    {
      "type": "C",
      "label": "C1",
      "text": "S. 48: power to exclude or modify conferred (1.7.1992) by Road Traffic Act 1988 (c. 52, SIF 107:1), s. 193A(2)(b) (inserted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 46(2); S.I. 1992/1286, art. 2,Sch.)."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/1988/53/section/48",
    "retrieved_at": "2026-10-29T09:47:29.437010+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}