12 points!

evs50

DUTR wrote: »

I'm no lawyer, however if the tyre was illegal, then they should not have let you proceed to drive the car in an unsafe.illegal condition, I know my officer friend used to make offenders remove the chav film from the windows or have the car impounded.
Thegrow up shut up comment is in reference to the amount of accumalated points, especially if you are dependant upon th4 licence for your livelihood .

Cheers fella! Maybe I was being a little sensitive. So you think the fact they let me drive to get it changed was a mistake? Funny that they did point out obviously my insurance was void with an illegal tyre (which I knew) but then let me drive in it. I thought it odd at the time. I just presumed its akin to driving to an MOT centre without a valid MOT sort of thing.

mrbadexample

evs50 wrote: »

So you think the fact they let me drive to get it changed was a mistake?

Not a mistake as such, but it is more mitigation you could offer to a court ("Yes, Your Worship, I do understand the seriousness of the offence, but my tyre wasn't so badly worn that I was prevented from continuing my journey" sort of thing.)

If the tyre had been down to the cords, you'd have been going nowhere. You're more likely to be allowed to continue if it's on a non-steered axle too. Essentially, it's a judgement call by the officer.

So, have you tried to recover the tyre?

Gene_Hunt_2

mrbadexample wrote: »

If the tyre had been down to the cords, you'd have been going nowhere. You're more likely to be allowed to continue if it's on a non-steered axle too. Essentially, it's a judgement call by the officer.

Makes no odd's the officer can either prohibit the vehicle or he can't.

The continued us is down to the user, had be been stopped on the way to the garage he could have been done again.

mrbadexample

Gene_Hunt wrote: »

Makes no odd's the officer can either prohibit the vehicle or he can't.

Sorry, but your understanding of how these things work is clearly limited. It does make a difference if it's on a steered axle, as does the condition of the tyre. And, for that matter, the weather.

Gene_Hunt_2

mrbadexample wrote: »

Sorry, but your understanding of how these things work is clearly limited. It does make a difference if it's on a steered axle, as does the condition of the tyre. And, for that matter, the weather.

A none PG9 trained officer cannot prohibit a vehicle for defective tyres.

Come back and tell me I'm wrong.:D

mrbadexample

Gene_Hunt wrote: »

A none PG9 trained officer cannot prohibit a vehicle for defective tyres.

Come back and tell me I'm wrong.:D

Firstly, we don't know from the posts thus far who inspected the vehicle, and whether or not they were PG9 trained, as you put it. If they were involved in a roadside check, the odds of them being able to issue a prohibition would be pretty high. What would they do if they found a defect which presented an immediate danger?

Assuming, as is likely, that the officer was PG9 trained, he doesn't have to issue a prohibition. He does have to justify his actions, though.

Neither does an officer have to issue a PG9 to prevent the driver from continuing his journey. "You'll have to get a fitter out sunshine, you can't go any further on that" would work pretty well - who's going to argue?

evs50

mrbadexample wrote: »

Not a mistake as such, but it is more mitigation you could offer to a court ("Yes, Your Worship, I do understand the seriousness of the offence, but my tyre wasn't so badly worn that I was prevented from continuing my journey" sort of thing.)

If the tyre had been down to the cords, you'd have been going nowhere. You're more likely to be allowed to continue if it's on a non-steered axle too. Essentially, it's a judgement call by the officer.

So, have you tried to recover the tyre?

No I havent been able to. The place I went to is a very busy and quite large tyre place. Needle in a haystack time.

The tyre was back drivers side. Dont know if that makes a difference as to whether they let me drive to change it.

mrbadexample

mrbadexample wrote: »

If the tyre had been down to the cords, you'd have been going nowhere. You're more likely to be allowed to continue if it's on a non-steered axle too. Essentially, it's a judgement call by the officer.

Gene_Hunt wrote: »

Makes no odd's the officer can either prohibit the vehicle or he can't.

Not only that, you've taken what I said completely out of context. I've referred to the condition of the tyre and the prevailing weather conditions, and you've twisted it round to depend on the training of the officer, to suit your argument. Do try and keep up.

mrbadexample

evs50 wrote: »

No I havent been able to. The place I went to is a very busy and quite large tyre place. Needle in a haystack time.

The tyre was back drivers side. Dont know if that makes a difference as to whether they let me drive to change it.

That's a pity. You are now relying on mitigation and pleading hardship, which of course you should do. As far as I see it, you have a couple of things which could be regarded as mitigation:

1. You have had the vehicle MOTd relatively recently.
2. You can show that you do generally maintain your vehicle, as you've recently fitted 3 tyres, and had the other replaced as soon as the defect was pointed out to you.
3. The tyre was not so worn that you were prevented from continuing your journey.

The hardship comes down to your personal circumstances, which we are not privy to. Other posters are likely to be able to offer better advice than I regarding how to approach this.

Other than that, you would appear to be at the mercy of the court. Let's hope they had a ncie breakfast that morning.

And yes, if the tyre had been on the front, you are more likely to have been prohibited from driving further.

Gene_Hunt_2

mrbadexample wrote: »

Not only that, you've taken what I said completely out of context. I've referred to the condition of the tyre and the prevailing weather conditions, and you've twisted it round to depend on the training of the officer, to suit your argument. Do try and keep up.

Have I?

!!!!!! you are dense.

Either the tyre is defective or it isn't. If it's defective it's an offence to use the vehilce so whether it be below the tread depth or down to the cord makes no odds.

How can an officer stop the OP from driving off if he has no power to do so? That power comes from being PG9 trained. I know slightly more about it than you appear to.