Q 'hen I was pulled tit at a Ministry roadside
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check recently, one of the tyres on rrovehicle was found to have a cut in it. J had only that morning received the vehicle back from a routine maintenance inspection at which the tyres were found to be in order so the cut must have occurred during that journey. I have been told that I might be prosecuted for the tyre defect, but will the circumstances I have quoted be a defence against the charge which might be made?
A Unfortunately, the offence
of using a vehicle with a defective or worn tyre is an absolute one. That means that there is no defence laid down in the Regulations. However, if you can produce proof, such as the maintenance inspection sheet, that the tyre was satisfactory when you began your journey, the court would be bound to take this extenuating circumstance into account.
Although a conviction is almost inevitable this might take the form of an absolute discharge — which is in itself a conviction — if the court is able to accept your explanation.