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DRIVING BREAKS

15th February 2001
Page 46
Page 46, 15th February 2001 — DRIVING BREAKS
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Which of the following most accurately describes the problem?

• Before leaving a demolition site I checked all the tyres on my eight-wheeler for damage and to check no bricks were trapped between the rear wheels.

A couple of miles away I was stopped by a police officer, who said one of the inner rear tyres was flat. The policeman gave me a fixed penalty ticket and said it would cost £60 and 3 penalty points. Can the police do that for a puncture? What do you advise?

• From what you say it appears the policeman was being rather harsh but, strictly speaking, he could give you the fixed penalty ticket for the flat tyre. Running with a flat tyre is an offence against Regulation 27(1) of the Road Vehicles (Construction and Use) Regulations 1986 because it amounts to using a vehicle with a tyre not properly inflated.

But in the circumstances described I would not have accepted the fixed penalty ticket. Because the tyre offence carries a licence endorsement, the fixed penalty procedure can only be used if the offender surrenders his driving licence— either at the time or later at a police station. If the driver chooses not to surrender his licence the police cannot use the fixed penalty system.

It would then be up to the police whether to take the matter to court by way of summons. If it came before the magistrates and you explained the circumstances I would expect you to be given an absolute discharge.

At court you could also put forward reasons why your licence should not be endorsed. Regulation 27 is enforced by Section 41A of the Road Traffic Act 1988 and any prosecution would be brought under that section.

A conviction under Section 41A carries discretionary disqualification and compulsory licence endorsement, but Section 48 of the Road Traffic Offenders Act 1988 provides that these must not be ordered if a person "proves that he did not know, and had no reasonable cause to suspect, that the facts of the case were such that the offence would be committed".

This involves attending court and explaining to the magistrates that you had checked the tyres before leaving the site, they were in good order at that time and you had no reason to suspect one had become punctured on the subsequent journey. If you have not yet paid the penalty we suggest you do not pay it but ask fora court hearing.

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