"Bald" tyre offence penalty |
"Bald" tyre offence penalty |
Sat, 9 Nov 2019 - 19:07
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#1
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New Member Group: Members Posts: 2 Joined: 9 Nov 2019 Member No.: 106,553 |
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 , This post has been edited by 9rmc1: Sat, 9 Nov 2019 - 19:08 |
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Sat, 9 Nov 2019 - 19:07
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Sat, 9 Nov 2019 - 19:40
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#2
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Member Group: Members Posts: 1,900 Joined: 2 Aug 2016 Member No.: 86,040 |
Do you still have the allegedly defective tyre ?
The requirement is for 1.6mm across 75% of the width. |
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Sat, 9 Nov 2019 - 19:56
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#3
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New Member Group: Members Posts: 2 Joined: 9 Nov 2019 Member No.: 106,553 |
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.. 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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Sat, 9 Nov 2019 - 19:57
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#4
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Member Group: Members Posts: 38,007 Joined: 3 Dec 2010 Member No.: 42,618 |
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. -------------------- If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
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Sat, 9 Nov 2019 - 22:18
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#5
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Member Group: Members Posts: 6,982 Joined: 19 Dec 2006 From: Near Calais Member No.: 9,683 |
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. This post has been edited by roythebus: Sat, 9 Nov 2019 - 22:19 |
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Sun, 10 Nov 2019 - 09:38
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#6
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Member Group: Life Member Posts: 1,668 Joined: 9 Nov 2008 From: Doldrums Member No.: 23,903 |
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 -------------------- STAND UP FOR YOURSELF OR YOU WILL FALL FOR ANYTHING
Ultracrepadarion - A person who offers an opinion on a subject they know nothing about. |
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Sun, 10 Nov 2019 - 09:48
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#7
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Member Group: Members Posts: 1,400 Joined: 12 Jun 2008 From: West Sussex Member No.: 20,304 |
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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Sun, 10 Nov 2019 - 10:43
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#8
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Member Group: Members Posts: 3,285 Joined: 5 Jan 2012 Member No.: 52,178 |
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Sun, 10 Nov 2019 - 11:54
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#9
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Member Group: Members Posts: 25,726 Joined: 28 Jun 2010 From: Area 51 Member No.: 38,559 |
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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Sun, 10 Nov 2019 - 12:28
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#10
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Member Group: Members Posts: 56,263 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
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?
-------------------- There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!
S172's Rookies 1-0 Kent Council PCN's Rookies 1-0 Warwick Rookies 1-0 Birmingham PPC PCN's Rookies 10-0 PPC's |
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Sun, 10 Nov 2019 - 14:09
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#11
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Member Group: Members Posts: 939 Joined: 24 Sep 2014 Member No.: 73,212 |
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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Sun, 10 Nov 2019 - 15:31
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#12
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Member Group: Members Posts: 25,726 Joined: 28 Jun 2010 From: Area 51 Member No.: 38,559 |
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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Mon, 11 Nov 2019 - 07:29
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#13
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Member Group: Members Posts: 3,285 Joined: 5 Jan 2012 Member No.: 52,178 |
I believe a bald spare would fail an MoT. MoT manual5.2.2. 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 |
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Mon, 11 Nov 2019 - 10:22
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#14
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Member Group: Life Member Posts: 1,668 Joined: 9 Nov 2008 From: Doldrums Member No.: 23,903 |
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. -------------------- STAND UP FOR YOURSELF OR YOU WILL FALL FOR ANYTHING
Ultracrepadarion - A person who offers an opinion on a subject they know nothing about. |
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Mon, 11 Nov 2019 - 10:43
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#15
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Member Group: Members Posts: 119 Joined: 28 May 2010 From: Sussex Member No.: 37,839 |
[/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: Mon, 11 Nov 2019 - 10:44 -------------------- Better to be 20 minutes late in this life than 20 years early into the next one !
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