Q One of my vehicles was stopped toward the end of
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its working day when a tyre was found to have a cut in it. My driver and myself are to be prosecuted for this offence. Before a vehicle is put on the road each morning a check is made of a number of items (one of which is the condition of the tyres) and a record kept. As the tyres of this vehicle were undamaged at the morning inspection, do we have a defence?
A Unfortunately, having a defective tyre is an absolute offence against which there is no defence though what you have done to guard against using or causing or permitting a vehicle with a defective tyre to be used will undoubtedly mitigate the offence.
The records which show that a tyre inspection was made before the vehicle was put on the road, particularly on the day in question, should be produced in court. The importance of doing this will be apparent when it is realised that the maximum penalty for this offence was increased from £200 to £400 in the Road Traffic Act 1974.
Moreover, disqualification is discretionary and endorsement obligatory for such an offence, unless it can be proved that the offender did not know and had no reasonable cause to suspect that the offence would be committed.