116—Meaning of breach of light vehicle standards or maintenance
requirement
(1) For the purposes
of this Act, there is a "breach of a light vehicle standards or maintenance
requirement if—
(a) a
light vehicle is driven on a road; and
(b) the
vehicle—
(i)
does not comply with a requirement of the
light vehicle standards; or
(ii)
has not been maintained in a safe condition; or
(iii)
has not been maintained with an emission control system
fitted to it of each kind that was fitted to it when it was built and in a
condition that ensures that each emission control system fitted to it
continues operating essentially in accordance with the system's original
design; or
(iiia)
is an ultra high powered vehicle and a mechanical fault or system error has
resulted in an automated intervention system of the vehicle being disabled; or
(iv)
does not comply with the requirements of
section 162A.
(2) For the purposes
of this section, a light vehicle is not
"maintained in a safe condition" if driving the vehicle would endanger the
person driving the vehicle, anyone else in or on the vehicle or a vehicle
attached to it or other road users.
(3) This section does
not apply to vehicles excluded by the light vehicle standards from the
application of those standards.
(4) In
subsection (1)(b) "ultra high powered vehicle",
"automated intervention system" and "disabled" all have the same meanings as
in section 44C.