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"Bald" tyre offence penalty
9rmc1
post Sat, 9 Nov 2019 - 19:07
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Hi all,

Been lurking for a good while now as I had an issue with a parking ticket maybe 7/8 months ago but now I have registered as I have a completely different case which I can't seem to find anything relatable within the search function.


Couple weeks ago I was on my way to pick someone up from Stansted Airport around 1am and was pulled over in one of the access roads (one way only) where the police were pulling people over "randomly" for "security reasons".

I obviously got pulled over and after asking me for all my details and my license, the officer took a good 5 min checking around and under my car with a torch. After that he called me over to the outside of the vehicle and pointed at one of my rear tyres.

Now, the tyre was indeed low on tread, arguably "bald" though, but he kept banging on about how it is dangerous to drive a RWD vehicle with a tyre in that state. He kept lecturing me for maybe a good 5 minutes before his partner called him over.

After chatting with his partner he comes back and states that if he was to "do his job properly" I would need to pay a fine and receive 3 points for this offense but as I have a completely clean record and everything checked out ok he was just going to "make a note and offer me a course in order to avoid getting the points" and stated that I would need to change my tyre for a spare right there and then or they would seize my vehicle immediately.


Sure enough, yesterday I received a "Conditional Offer of Fixed Penalty" which states that I have been reported by the Police for using a motor vehicle with a tyre tread less than 1mm with a fixed penalty of £200 + 3 points in my license. Funnily enough, one of the points in the letter mentions that "A course is not offered for the offence specified" which really p*ssed me off as this copper blatantly lied to my face.

Now my question for anyone who might read this, is there any way I can get away from the 3 points or the offence as a whole?


The officer, did not check the tread at all other than visually and clearly lied to my face plus it feels like he was just looking for a reason to fine me as his partner was definitely not being as thorough with this checks as this guy was.

Thanks for your attention smile.gif ,

This post has been edited by 9rmc1: Sat, 9 Nov 2019 - 19:08
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post Sat, 9 Nov 2019 - 19:07
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Slapdash
post Sat, 9 Nov 2019 - 19:40
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Do you still have the allegedly defective tyre ?

The requirement is for 1.6mm across 75% of the width.
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9rmc1
post Sat, 9 Nov 2019 - 19:56
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QUOTE (Slapdash @ Sat, 9 Nov 2019 - 19:40) *
Do you still have the allegedly defective tyre ?

The requirement is for 1.6mm across 75% of the width.


Unfortunately I got it replaced the next day as I was concerned they would stop me again and seize my car. Literally first time I got pulled over and I believed his word so I wasn't too concerned.

Goes to show..


QUOTE (cp8759 @ Sat, 9 Nov 2019 - 19:49) *
Unfortunately some offences just don't qualify for a course, construction and use offences are amongst these. Maybe there should be a "maintaining your vehicle" course, but at the moment there isn't. The fact that the officer didn't know this is irrelevant, once he submits the Traffic Offence Report, the decision is out of his hands. A course is also at the complete discretion of the police back-office, there is no appeal process.

Honest advice, pay the fixed penalty and take the points. Nothing you say would amount to a defence in law and if you were to take this to court, barring some epic procedural cock-up your chances would be between zero and nil.

By the way the advice he gave is perfectly valid, low tread on tyres IMO is far more dangerous than speeding. I know of people who've killed themselves as a result of not changing their tyres.


Understood, just feel slightly wronged here as there was no formal "check" of the tyre tread and the course was not offered at the end of the day.

..Guess its now time to ring the insurance company and get ready for the premium increase.

Cheers!
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cp8759
post Sat, 9 Nov 2019 - 19:57
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QUOTE (9rmc1 @ Sat, 9 Nov 2019 - 19:52) *
QUOTE (Slapdash @ Sat, 9 Nov 2019 - 19:40) *
Do you still have the allegedly defective tyre ?

The requirement is for 1.6mm across 75% of the width.


Unfortunately I got it replaced the next day as I was concerned they would stop me again and seize my car. Literally first time I got pulled over and I believed his word so I wasn't too concerned.

Unless the tyre wasn't below the legal limit, it wouldn't help if you had kept it. You don't seem to dispute it was bald.


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roythebus
post Sat, 9 Nov 2019 - 22:18
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A point to remember, if you think the tyre wasn't illegal, keep it and produce it in court as evidence.

Another point, check your tyres a bit more frequently. smile.gif

This post has been edited by roythebus: Sat, 9 Nov 2019 - 22:19
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Mayhem007
post Sun, 10 Nov 2019 - 09:38
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You were wise to change the tyre the next day, I believe it is also illegal to have a spare bald tyre, while it is not a legal requirement to have a spare tyre.


This post has been edited by Mayhem007: Sun, 10 Nov 2019 - 09:38


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Steve_999
post Sun, 10 Nov 2019 - 09:48
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QUOTE (Mayhem007 @ Sun, 10 Nov 2019 - 09:38) *
You were wise to change the tyre the next day, I believe it is also illegal to have a spare bald tyre, while it is not a legal requirement to have a spare tyre.


I don't believe a spare tyre has to conform to any regulation (until/unless it is fitted to the car and used of course).
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The Slithy Tove
post Sun, 10 Nov 2019 - 10:43
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QUOTE (Steve_999 @ Sun, 10 Nov 2019 - 09:48) *
I don't believe a spare tyre has to conform to any regulation (until/unless it is fitted to the car and used of course).

I believe a bald spare would fail an MoT.
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DancingDad
post Sun, 10 Nov 2019 - 11:54
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QUOTE (The Slithy Tove @ Sun, 10 Nov 2019 - 10:43) *
QUOTE (Steve_999 @ Sun, 10 Nov 2019 - 09:48) *
I don't believe a spare tyre has to conform to any regulation (until/unless it is fitted to the car and used of course).

I believe a bald spare would fail an MoT.

No it wont.
Even if on show such as underslung ones.
One in the boot under the floor panel cannot even be inspected as inspectors cannot remove covers.
And a bald tyre in the boot on show? Just taking it to the tip mate.

Without the old tyre as evidence or at least photos of tread depth being measured, don't think OP has any defence here


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The Rookie
post Sun, 10 Nov 2019 - 12:28
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Alternatively without the tyre, a photo or some measurements what evidence would the police have? Do they have enough to prove the offence beyond reasonable doubt?


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baroudeur
post Sun, 10 Nov 2019 - 14:09
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QUOTE (The Slithy Tove @ Sun, 10 Nov 2019 - 10:43) *
QUOTE (Steve_999 @ Sun, 10 Nov 2019 - 09:48) *
I don't believe a spare tyre has to conform to any regulation (until/unless it is fitted to the car and used of course).

I believe a bald spare would fail an MoT.



MoT manual

5.2.2. Road wheel condition

You only need to inspect the road wheels fitted to the vehicle at the time of the inspection. If you notice a defect on a spare wheel, you should tell the vehicle presenter about it.
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DancingDad
post Sun, 10 Nov 2019 - 15:31
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QUOTE (The Rookie @ Sun, 10 Nov 2019 - 12:28) *
Alternatively without the tyre, a photo or some measurements what evidence would the police have? Do they have enough to prove the offence beyond reasonable doubt?


They have the cop's statement, the cop's estimate of depth, perhaps impromptu measurements such as edge of a coin or fingernail even though the OP says no measurements took place.
All of these can be challenged but end of the day, the magistrates can decide that it amounts to beyond reasonable doubt.

Balanced against that the OP had the tyre, had means and opportunity to provide proof positive that the tyre was legal but chose to dispose of it.
The magistrates can also draw conclusions from that.
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The Slithy Tove
post Yesterday, 07:29
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QUOTE (baroudeur @ Sun, 10 Nov 2019 - 14:09) *
QUOTE (The Slithy Tove @ Sun, 10 Nov 2019 - 10:43) *
I believe a bald spare would fail an MoT.
MoT manual

5.2.2. Road wheel condition

You only need to inspect the road wheels fitted to the vehicle at the time of the inspection. If you notice a defect on a spare wheel, you should tell the vehicle presenter about it.

Belief duly corrected happy.gif
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Mayhem007
post Yesterday, 10:22
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QUOTE (DancingDad @ Sun, 10 Nov 2019 - 12:54) *
QUOTE (The Slithy Tove @ Sun, 10 Nov 2019 - 10:43) *
QUOTE (Steve_999 @ Sun, 10 Nov 2019 - 09:48) *
I don't believe a spare tyre has to conform to any regulation (until/unless it is fitted to the car and used of course).

I believe a bald spare would fail an MoT.

No it wont.
Even if on show such as underslung ones.
One in the boot under the floor panel cannot even be inspected as inspectors cannot remove covers.
And a bald tyre in the boot on show? Just taking it to the tip mate.

Without the old tyre as evidence or at least photos of tread depth being measured, don't think OP has any defence here




Bit suspicious taking the whole wheel to the tip.
However, your all correct, but a spare bald tyre on show is a MOT failure. I few months took my car to have a tyre replaced, the company didn't have the tyre I needed, so they put the spare on until they could get a tyre the following day. MOT was due in the afternoon and told me to leave the tyre at home. Pointlesss stowing it away since he was going to replace it the next day.
And yes perhaps it isn't a legal requirement.


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Harnes
post Yesterday, 10:43
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[/quote]
Bit suspicious taking the whole wheel to the tip.
However, your all correct, but a spare bald tyre on show is a MOT failure. I few months took my car to have a tyre replaced, the company didn't have the tyre I needed, so they put the spare on until they could get a tyre the following day. MOT was due in the afternoon and told me to leave the tyre at home. Pointlesss stowing it away since he was going to replace it the next day.
And yes perhaps it isn't a legal requirement.
[/quote]

A spare bald tyre on show is NOT an Mot failure -
Current Mot rule

You only need to inspect the road wheels fitted to the vehicle at the time of the inspection. If you notice a defect on a spare wheel, you should tell the vehicle presenter about it.

This post has been edited by Harnes: Yesterday, 10:44


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