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I have laid up one of my vehicles and, in

17th October 1975
Page 43
Page 43, 17th October 1975 — I have laid up one of my vehicles and, in
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Which of the following most accurately describes the problem?

order to obtain maximum economy, I have changed the original tyres and used these on an operational vehicle. When my yard became congested the other day, I had the laid-up vehicle towed outside where it stood on the road for an hour or so. However, during that time, a policeman examined it and told me that I would be reported for using a vehicle on the road with a defective tyre. As the vehicle is not in use and there was no intention to drive it away, is it likely that a prosecution will be successful?

A It is difficult to forecast what would be the attitude of a magistrate to such a prosecution. For instance, was the vehicle immobilised or was it capable of being driven away? Do your vehicle records show that this vehicle had not been in service during the past few weeks or months?

Regulation 99 of the Motor Vehicles (Construction and Use) Regulation 1973 prohibits the use of a vehicle on a road with tyres which are either unsuitable underinflated or damaged. The definition of the word "use" is the factor which will govern whether a prosecution will be successful or not.

In a recent case involving a private car found to have defective tyres (Eden v Mitchell June 9, 1975) a decision of the Berkshire justices was successfully challenged in the Appeal Court. The justices had dismissed the case because the owner of the car had convinced them that he did not intend to drive the car despite the fact that it had been immobilised.

However, this decision was reversed by the Appeal Court on the grounds that the word " use " in Regulation 99 was to be interpreted as "having the use" and the owner's intention was immaterial. As the car had not been immobilised the case was remitted to the magistrates with a direction to convict.

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