7.725 — OPERATION OF A UNROADWORTHY VEHICLE

Violations of "Statute 7.725" results in an Infraction

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(a) Definitions

Operation of an unroadworthy vehicle refers to the act of operating a motor vehicle that does not meet the required safety, mechanical, or environmental standards set by local or national authorities. An unroadworthy vehicle is one that, due to its condition, presents a hazard to the driver, passengers, other road users, or the environment. This may include issues such as defective brakes, tires with insufficient tread, broken lights, or malfunctioning engines that impair the vehicle’s safe operation.

"Unroadworthy" is exampled by: Worn-out brakes, damaged tires, broken or missing lights, faulty suspension, engine or exhaust issues, cracked windshield or windows, severe body damage, dead battery or electrical problems, broken safety features, fuel leaks, overloading, excessive pollution, expired registration, steering issues, transmission problems. A vehicle is unroadworthy if it poses a danger to the driver, passengers, or others on the road. Regular maintenance and repairs help keep it safe.

(b) Elements

To establish the offense of operation of an unroadworthy vehicle, the prosecution must prove beyond a reasonable doubt the following elements:

• The defendant operated a motor vehicle on a public road or highway.

• The vehicle was unroadworthy at the time of operation, meaning it was in a condition that did not meet safety or environmental standards. This may be evidenced by an inspection report, officer testimony, or physical defects observed at the time of the stop.

• The unroadworthy condition of the vehicle posed a risk to public safety or environmental health, such as impaired visibility due to broken headlights or taillights, an inability to stop properly due to faulty brakes, or emission violations.

• The defendant knew or should have known that the vehicle was unroadworthy based on obvious mechanical or safety issues, or had been informed of the defects through prior inspections or warnings.

(c) Defenses

Defenses against a charge of operation of an unroadworthy vehicle may include:

• The vehicle was not unroadworthy at the time of operation and the alleged defects were not present or were only temporary.

• The defendant was unaware of the vehicle’s unroadworthy condition, and there was no reasonable way for the defendant to have known about the defect.

• The vehicle was in the process of being repaired or undergoing routine maintenance, and the defect was minor or had no effect on the vehicle’s safety.

• The vehicle was legally exempt from certain roadworthiness standards (e.g., antique or classic cars in certain jurisdictions).

(d) Aggravating Factors

The court may consider the following aggravating factors when determining the severity of the offense:

• The vehicle was involved in an accident or incident that caused injury, death, or significant property damage due to its unroadworthy condition.

• The defendant had previous offenses related to vehicle safety or maintenance violations, indicating a pattern of neglect.

• The vehicle was used in the transport of hazardous materials, goods, or passengers, increasing the potential danger associated with its unroadworthy condition.

• The vehicle was inspected and found to be unroadworthy after the defendant had been warned or cited for similar issues in the past.