Are You Facing Prosecution For Defective Tyres?
If you have tyres which do not meet the minimum standards of tread depth or pattern, you are at risk of 3 penalty points for each defective tyre.
If you’re at risk of penalty points, or losing your licence, for driving with a defective tyre (DVLA Code CU30), get in touch with us here at Richard Silver, for our expert advice on how to defend the case against you.
Call us on 0161 834 9494 for advice.
Sentencing For A Defective Tyre Offence
For all tyre offences, the court has to impose three penalty points. It can also impose these points for each defective tyre.
So for example, four bald tyres on the same vehicle could place you at risk of 12 points and a possible totting up ban. This means you could be disqualified from driving.Click To View: Official Tyre Regulations In England
For cars, (including passenger vehicles up to 8 passengers and goods vehicles up to 3500kg maximum gross weight), the grooves of the tread pattern must be at least 1.6mm deep throughout a continuous band comprising the central three quarters of the breadth of the tyre and round its entire circumference.
For other categories of vehicle, the requirements are less stringent and it is an offence if:
a) The base of any groove which showed in the original tread pattern is not clearly visible, (which means that a bald patch is illegal);
b) The grooves of the tread pattern do not have a breadth of at least 1mm throughout a continuous band measuring at least three quarters of the breadth of the tyre and round its entire circumference;
For most categories of vehicle, it is also an offence if any tyre:
c) Is incorrectly inflated or unsuitable;
d) Has a cut greater than 25mm or 10% of the section width, whichever is the greater, measured in any direction on the outside and deep enough to reach the ply or cord;
e) Has any lump bulge or tear caused by separation or partial failure of its structure;
f) Has any ply or cord exposed.
Some vehicles are exempted, for example certain agricultural vehicles.
Avoiding Or Limiting Penalty Points For Defective Tyres
The court should not impose penalty points if you prove that you did not know and had no reasonable cause to suspect that the tyre was defective, and we can argue this on your behalf. For example we can use this rule to help drivers who rely on their employer’s assurance that a vehicle is in good repair, as well as sons and daughters who drive their parents’ cars.
If you think this may apply to you, you should think very carefully before accepting a Fixed Penalty. You should seek legal advice before deciding, because once you have accepted, you can’t change your mind. If you want to argue that you penalty points should not be imposed, you should not accept a Fixed Penalty.
If you are caught with more than one defective tyre on the same occasion, you could receive 3 points for each separate offence. In these cases, we can usually persuade the court to impose only one set of 3 points on your driving licence. This can limit the risk of a totting up ban.
This means that if you are offered more than one Fixed Penalty for multiple offences committed on the same occasion, you should again think very carefully before accepting and seek legal advice before deciding. Once you have accepted, you can’t change your mind. If you do want to argue that you should get only 3 points, you should not accept more than one Fixed Penalty.
Regulations can be complicated though, so you need the help of expert motoring solicitors like the team at Richard Silver.
Contact Richard Silver Today
We have considerable experience of defective tyre cases, and can put forward an effective defence or mitigation for you. We have a very high success rate in persuading courts to avoid or reduce the number of penalty points, and this may prevent you from facing the risk of disqualification from driving.
Simply contact us on 0161 834 9494 and we can get working on your case today, to ensure that your driving licence is not at risk.