Help need advice please re potential 6 points on licence
Discussion
Hi hope someone can advise me, I brought my son a used car 6 weeks ago with 12 months MOT and 12 months warranty. He was stopped yesterday by the police and was told his front two tyres were below the legal requirement and would be charged with the offence and receive 6 points. I am really unhappy as I brought this car in good faith and never thought for 1 minute to check tyres as it had 12 month MOT.
Can anyone please help and advise me on what I should do
Thanks
Can anyone please help and advise me on what I should do
Thanks
Unfortunately 12 Months MOT means very little - it has always been the case that 'someone' can get you an MOT on a car no matter what state it is in.
You could contact the garage who issued the MOT, if it's within three months of the issue date, they have to explain why they passed the car. The likelihood is though they'll say something along the lines of "it had different wheels on when we tested it".
The buck stops at your son ultimately - it's the drivers responsibility to make sure the car being driven is roadworthy. I guess the six points means he'll get a ban if he's within the probationary two years? Tough luck
You could contact the garage who issued the MOT, if it's within three months of the issue date, they have to explain why they passed the car. The likelihood is though they'll say something along the lines of "it had different wheels on when we tested it".
The buck stops at your son ultimately - it's the drivers responsibility to make sure the car being driven is roadworthy. I guess the six points means he'll get a ban if he's within the probationary two years? Tough luck
Sorry to be the bearer of bad news, but it is the driver's responsibilityto check roadworthy items like tyre tread depth. An MOT is simply a snapshot of roadworthiness at that point in time.
Your son will get his six points, and, insult to injury, have his licence revoked and have to pass a new test (assuming he has recently passed).
Your son will get his six points, and, insult to injury, have his licence revoked and have to pass a new test (assuming he has recently passed).
Firstly, get some new tyres on it. You'll need to buy them regardless.
Secondly, did he get anything from the person stopping them to say what they were being procecuted for
Thirdly, get some proper advice. AFAIK the licence can't be revoked without going to court so it may be worth seeing what happens there
Secondly, did he get anything from the person stopping them to say what they were being procecuted for
Thirdly, get some proper advice. AFAIK the licence can't be revoked without going to court so it may be worth seeing what happens there
The only possible defense you might have against this is to take the car to an independant tester and they give you a written verification that the tyres are legal, and then you might have the argument that the officers took the wrong readings or carried out a vistual inspection.
But they will then have the argument that they are not the same tyres...
..and this argument would only be worth trying if the tyres are actually legal.
If they are below the limit then you could always beg, but thats about it.
But they will then have the argument that they are not the same tyres...
..and this argument would only be worth trying if the tyres are actually legal.
If they are below the limit then you could always beg, but thats about it.
A 2nd opinion is the first thing you need. Thy may still be legal, its not easy to say at the side of the road.
Then get 2 replacement tyres, if he has been given a ticket for these ones being illegal you will need to then keep hold of these 2 old tyres as you may need to show them as evidence if contesting the ticket.
Then get 2 replacement tyres, if he has been given a ticket for these ones being illegal you will need to then keep hold of these 2 old tyres as you may need to show them as evidence if contesting the ticket.
Dr Interceptor said:
Unfortunately 12 Months MOT means very little - it has always been the case that 'someone' can get you an MOT on a car no matter what state it is in.
You could contact the garage who issued the MOT, if it's within three months of the issue date, they have to explain why they passed the car. The likelihood is though they'll say something along the lines of "it had different wheels on when we tested it".
The buck stops at your son ultimately - it's the drivers responsibility to make sure the car being driven is roadworthy. I guess the six points means he'll get a ban if he's within the probationary two years? Tough luck
You can query the MOT up to three months afterwards for corrosion issues, everything else is one month. However with tyres you're on a hiding to nothing, way too easy to change. There are stories of certain unscrupulous car dealers having one set of good tyres that every car they sell gets MOTed on.You could contact the garage who issued the MOT, if it's within three months of the issue date, they have to explain why they passed the car. The likelihood is though they'll say something along the lines of "it had different wheels on when we tested it".
The buck stops at your son ultimately - it's the drivers responsibility to make sure the car being driven is roadworthy. I guess the six points means he'll get a ban if he's within the probationary two years? Tough luck
not sure what you want people to say - are you looking for redress against the MOT station for passing illegal tyres? They might not have been illegal then, and maybe the little emperor has spent the intervening period wheel spinning to 'impress girls'. Driver's responsibility to check the safety of their own vehicle. Yesterday I tested the pressures on the hire car I am currently driving because I knew I was doing a long journey today. I wouldn't crash the car and then whine that the hire car didn't ensure the pressures were correct, it's my responsibility and safety is safety. I've only had it a week!
Fish981 said:
You can query the MOT up to three months afterwards for corrosion issues, everything else is one month. However with tyres you're on a hiding to nothing, way too easy to change. There are stories of certain unscrupulous car dealers having one set of good tyres that every car they sell gets MOTed on.
Yes, thinking about it that's correct - 1 month on most parts.But agree on the tyres... I mean lets face it, you can kill a set of tyres in about three hours on a track day if you're trying hard enough.
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