fixed penalty notice for damaged wing?

blueye

hi just got pulled because my wing is damaged, copper said it would cause a walker great injury if i hit them because it has a sharpe point so he said it was unroadworthy, he gave me a fixed penalty notice and said id get three points ? is this right can they do this? offence code is 1412

forgotmyname

If they think the vehicle is unroadworthy or a danger thet can. Did they give you a slip to stop you driving it or get it
repaired before using it again?

I forget what they call it now. But they should have told you to stop driving it, You may get pulled again and another
ticket if its not fixed.

KillerWatt

blueye wrote: »

hi just got pulled because my wing is damaged, copper said it would cause a walker great injury if i hit them because it has a sharpe point so he said it was unroadworthy, he gave me a fixed penalty notice and said id get three points ? is this right can they do this? offence code is 1412

Yes it is correct that sharp points on a motor vehicle can cause more damage to pedestrians if you happen to hit them (that is why just about all cars look like they have come from a jelly mould) , and yes there are laws against it (Construction & Use Act).

Hammyman

blueye wrote: »

hi just got pulled because my wing is damaged, copper said it would cause a walker great injury if i hit them because it has a sharpe point so he said it was unroadworthy, he gave me a fixed penalty notice and said id get three points ? is this right can they do this? offence code is 1412

Yes they can. It would also fail an MOT and is currently not complying to Construction and Use regulations.

Get a hammer, bash it something like flat and cover it with duct tape until you can get it repaired. Daft as it sounds, that would make it legal and it'd pass an MOT.

blueye

thank you for your replies, i just thought as long as i got it repaired before my mot was due id be ok, another costly lesson learned.
no he didnt give me a ticket to say i cant drive it, he said i should try not to drive it? im a community care worker, work already miffed they have so many people off at the mo, should i or should i not risk it id rather loose pay than get more points. can i get another ticket if he didnt actually say that i cant drive it?

wealdroam

blueye wrote: »

thank you for your replies, i just thought as long as i got it repaired before my mot was due id be ok, another costly lesson learned.
no he didnt give me a ticket to say i cant drive it, he said i should try not to drive it? im a community care worker, work already miffed they have so many people off at the mo, should i or should i not risk it id rather loose pay than get more points. can i get another ticket if he didnt actually say that i cant drive it?

Re-read what Hammyman said.

Get the hammer and duct tape out.

xbrenx

blueye wrote: »

thank you for your replies, i just thought as long as i got it repaired before my mot was due id be ok, another costly lesson learned.

So you knew it wouldn't pass the MOT as it is and the point of the MOT is to prove your car is roadworthy and legal... hmmmmm

Hammyman

blueye wrote: »

thank you for your replies, i just thought as long as i got it repaired before my mot was due id be ok, another costly lesson learned.
no he didnt give me a ticket to say i cant drive it, he said i should try not to drive it? im a community care worker, work already miffed they have so many people off at the mo, should i or should i not risk it id rather loose pay than get more points. can i get another ticket if he didnt actually say that i cant drive it?

A car must be maintained to MOT standards at all times. Failure to do so leaves you liable to prosecution if the Police stop you or VOSA does. The MOT should be considered a minimum standard.

By all means continue to drive the car as is but expect the probability of being stopped and fined again. You were basically told not to drive it until you've fixed it, not that it was "ok as long as you got it done before the next MOT". Next time, you may not be so lucky and get a prohibition notice on it which means MOT time will come a lot sooner.

You've only got to make it safe, not replace the wing for the time being. Straighten it out the best you can and cover it in duct tape. It'll look hideous but it'll be legal.

sassy_one

The simply answer is, Yes.

The Police Officer who issued the ticket had every right and was correct in doing so.

You could have had tape/padding wrapped around the sharp edge, as stated to you, could cause a nasty injury if someone walking along, a adult or even a child, that would also leave you liable to a Civil Proceedings claim in the small claims court.

You car would fail it's MOT if at the time of being presented for a MOT test it had the sharp edge un protected presented to the tester.

You should get the wing repaired as soon as possible to prevent any further problems regards the law and to prevent any injury.

The Police Officer was simply acting within his power and protecting the public's interest