December 30, 2025 | Roads Policing and Safety Cameras , Traffic Offences
Request Number: FOI/16421
Category: Roads Policing and Safety Cameras - Traffic Offences
Subject: Winter Driving
Request and Answer:
Your request for information has now been considered. In respect of Section 1(1)(a) of the Act we can confirm that the Police Service of Northern Ireland (PSNI) does hold information to which your request relates.
However the decision has been made not to supply the information you have requested as the Information is Reasonably Accessible by Other Means. Therefore Section 21 of FOI Act applies and our rationale is set out in more detail below.
We have also provided you with links to guidance issued by the Information Commissioner’s Office, which we have followed in responding to your request.
Question 1
Is it a legal requirement to use anti freeze screen wash during the winter months?
Question 2
Is it illegal to drive with frozen water jets & blades?
Question 3
I use a frost guard & have used anti freeze in the past & try to make sure that my view of the road is clear. However even with these precautions I cant guarantee that the jets & blades wouldn't be frozen. I understand that the main concern is that the driver can see clearly. Am I right in saying that a common sense approach to the above is sufficient?
Answer
This request is being refused as the Information is Reasonably Accessible by Other Means. Please see our rationale below.
The topic of Windscreen Wipers/ Washers, their functionality and whether or not the Windscreen is clear/ free from frost or other debris is dealt with in two main pieces of Legislation (links provided below):
1. Motor Vehicles (Construction and Use) Regulations (Northern Ireland) 1999
2. The Road Traffic (Northern Ireland) Order 1995
We have detailed the relevant sections below and for ease, highlighted the pertinent parts of those sections.
Motor Vehicles (Construction and Use) Regulations (Northern Ireland) 1999
39.—(1) Subject to paragraphs (4) and (5), a vehicle fitted with a windscreen shall, unless the driver can obtain an adequate view to the front of the vehicle without looking through the windscreen, be fitted with one or more efficient automatic windscreen wipers capable of clearing the windscreen so that the driver has an adequate view of the road in front of both sides of the vehicle and to the front of the vehicle.
(2) Subject to paragraphs (3), (4) and (5), a wheeled vehicle required by paragraph (1) or regulation 26 of the Public Service Vehicles (Conditions of Fitness, Equipment and Use) Regulations (Northern Ireland) 1995(1)
to be fitted with a wiper or wipers shall also be fitted with a windscreen washer capable of cleaning, in conjunction with the wiper, the area of the windscreen swept by the wiper, of mud or similar deposit.
(6) Every wiper and washer fitted in accordance with this regulation shall at all times while the vehicle is being
used on a road be maintained in efficient working order and be properly adjusted.
The Road Traffic (Northern Ireland) Order 1995
Dangerous driving
10. A person who drives a mechanically propelled vehicle dangerously on a road or other public place is guilty of an offence.
Meaning of dangerous driving
11.—(1) For the purposes of Articles 9 and 10 a person is to be regarded as driving dangerously if (and, subject to
paragraph (2), only if)—
(a)the way he drives falls far below what would be expected of a competent and careful driver; and
(b)it would be obvious to a competent and careful driver that driving in that way would be dangerous.
(2) A person is also to be regarded as driving dangerously for the purposes of Articles 9 and 10 if it would be
obvious to a competent and careful driver that driving the vehicle in its current state would be dangerous.
(3) In paragraphs (1) and (2) “dangerous” refers to danger either of injury to any person or of serious damage to property; and in determining for the purposes of those paragraphs what would be expected of, or obvious to, a competent and careful driver in a particular case, regard shall be had not only to the circumstances of which he could be expected to be aware but also to any circumstances shown to have been within the knowledge of the accused.
(4) In determining for the purposes of paragraph (2) the state of a vehicle, regard may be had to anything attached to or carried on or in it and to the manner in which it is attached or carried.
Careless, and inconsiderate, driving
Careless Driving
12. If a person drives a mechanically propelled vehicle on a road or other public place without due care and attention, or without reasonable consideration for other persons using the road or place, he is guilty of an offence.
Meaning of careless, or inconsiderate, driving
12A.—(1) This Article has effect for the purposes of Articles 11A, 12 and 14.
(2) A person is to be regarded as driving without due care and attention if (and only if) the way he drives falls below what would be expected of a competent and careful driver.
(3) In determining for the purposes of paragraph (2) what would be expected of a careful and
competent driver in a particular case, regard shall be had not only to the circumstances of which he could be expected to be aware but also to any circumstances shown to have been within the knowledge of the accused.
(4) A person is to be regarded as driving without reasonable consideration for other persons
only if those persons are inconvenienced by his driving.
Using a vehicle in dangerous condition
54. A person is guilty of an offence if he uses, or causes or permits another to use, a motor vehicle or trailer on a road when—
(a) the condition of the motor vehicle or trailer, or of its accessories or equipment; or
(b)the purpose for which it is used; or
(c)the number of passengers carried by it, or the manner in which they are carried; or
(d)the weight, position or distribution of its load, or the manner in which it is secured,
is such that the use of the motor vehicle or trailer involves a danger of injury to any person.
Breach of requirements as to control of vehicle, mobile telephones etc
56A. A person who contravenes a construction and use requirement–
(a)as to not driving a motor vehicle in a position which does not give proper control or a full view of the road and traffic ahead, or not causing or permitting the driving of a motor vehicle by another person in such a position, or
(b) as to not driving or supervising the driving of a motor vehicle while using a hand-held mobile telephone or other hand-held interactive communication device,
or not causing or permitting the driving of a motor vehicle by another person using such a telephone or other device, is guilty of an offence.
Given it is a Road Safety query and in the public interest, we have provided the answers as below.
Answer 1
There is no specific legislation that states that you must use Anti-Freeze Screen wash during the winter months.
Answer 2
If the wiper blades and water jets are frozen this would constitute an offence under Article 39, Section 6 of the Motor Vehicles (Construction and Use) Regulations (Northern Ireland) 1999 "Every wiper and washer fitted in accordance with this regulation shall at all times while the vehicle is being used on a road be maintained in efficient working order and be properly adjusted.”
These offences can be dealt with by non endorsable FPN (£30)
N088 Defective windscreen washer
N094 Defective windscreen wipers
In addition to the above Frozen Water Jets and Blades “may” constitute an offence under Article 10 of
The Road Traffic (Northern Ireland) Order 1995, as depending on the circumstances it may be
obvious to a competent and careful driver that driving the vehicle in its current state would be dangerous.
For example, including but not limited to, the windscreen being frozen/ dirty, unable to be seen through and due to the malfunctioning of wiper and washer system unable to be rectified.
For the same reason as above it may constitute an offence under Article 12 Careless Driving and/or Article 54 Using a vehicle in a Dangerous Condition of The Road Traffic (Northern Ireland) Order 1995.
Answer 3
It is impossible to account for every scenario in winter driving conditions. It is incumbent upon all drivers to ensure that the vehicle is road worthy given the conditions at the time. In the example stated in the question, if the driver cannot see clearly through the windscreen he/she may be committing the offences outlined above contrary to the The Road Traffic (Northern Ireland) Order 1995 (Dangerous Driving, Careless Driving, Using a vehicle in a dangerous condition) in addition to an offence under Article 56A Breach of requirements as to control of vehicle and offences contrary to Motor Vehicles (Construction and Use) Regulations (Northern Ireland) 1999 (Defective windscreen washer and Defective windscreen wipers.)
Any of the offences above may be dealt with by submission of a file to the Public Prosecution Service for consideration.
The following offences may be dealt with by Endorsable FPN
Careless Driving - 3 Points & £100 fine
Using a vehicle in Dangerous Condition - 3 Points & £60 fine
Driver does not have full view of the road and traffic ahead - 3 Points & £60 fine
The following offences may be dealt with by non Endorsable FPN
Defective windscreen washer - £30 fine
Defective windscreen wipers - £30 fine
Exemption explained
Section 17(1) of the Freedom of Information Act 2000 requires the Police Service of Northern Ireland, when refusing to provide such information (because the information is exempt) to provide you the applicant with a notice which:
- states that fact,
- specifies the exemption in question and
- states (if not otherwise apparent) why the exemption applies.
The exemption, as well as the factors the Department considered when deciding where the public interest lies, are listed below:
Section 21(1) - Information Reasonably Accessible by Other Means - Information which is reasonably accessible to the applicant otherwise than under section 1 is exempt information.
The full text of exemptions can be found at www.legislation.gov.uk and further guidance on how they operate can be located on the Information Commissioners Office website www.ico.org.uk.