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Tyres defective

Road traffic — practical elements, sentencing links and station notes for accredited reps in England & Wales.

Road traffic

Tyres defective

Road Vehicles (Construction and Use) Regulations / RTA 1988 (as charged)

England & Wales. Elements, mode of trial, maximum and defences — not a charging or outcome predictor.

Triable
Summary only
Maximum penalty
See the statute and Sentencing Council guideline for the current maximum.

Actus reus

  • Contravene or fail to comply with a construction-and-use requirement as to tyres, or use on a road a motor vehicle or trailer which does not comply, or cause or permit such use (RTA 1988, s.41A).
  • The tyre requirement itself is in the Road Vehicles (Construction and Use) Regulations 1986 (tread depth, cuts, inflation, mixing — read the charged regulation).

Mens rea

  • Using, causing or permitting use in breach of the tyre requirement. No separate intent to endanger is required for s.41A.

Defences

Tyre complied with the charged regulation · Not used on a road · Did not use, cause or permit

Sentencing Council

Sentencing Council guideline effective 04 August 2008. Offence range: Discharge to Band C fine Must endorse and impose 3 points (.

View definitive guideline ↗

At the police station

Which tyre and the measured tread are the file. Danger-of-injury facts may be s.40A instead.

When to involve a rep or solicitor

Police station advice is free under legal aid and is not means-tested.

Authoritative sources for this page

Statute plus Sentencing Council (and CPS where listed) are the two primary sources we used for mode of trial, maximum and elements. Case links are from our verified registry only.

More in Road traffic

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Sources & further reading

Links are to official publishers (legislation, gov.uk, CPS, LAA, Sentencing Council). Case law on this site is limited to entries in our verified case-law registry. Always confirm the current version before relying on it in live advice.