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Road Traffic Act 1988, Section 41: Construction & Use Regulations
There are a vast number
of provisions in relation to Construction and Use offences in Scotland. For ease
of reference, we have attempted to detail the most common and will be adding to
these in the coming months. Mobile phone offences are also bracketed under this
section although merit a separate section.
Wheels and Tyres
These requirements range from what the manufacturer must be responsible for - relevant sidewall markings etc. - and what the motorist should be responsible for - correct fitment and condition of tyres, tread depths etc.
It is recommended that tyres are checked on a weekly basis for tread depth, tread condition, inflation pressure, tread/sidewall damage, any signs of irregular wear. If in doubt seek the advice of a trained tyre expert who will be able to determine the suitability of the tyre for further use.
The penalties for having illegal tyres are currently up to a £2500 fine and 3 penalty points per tyre.
The following gives an overview of the relevant points:
Tyre Mixing
The vehicle must NOT have radial tyres on the front wheels and cross ply tyres on the rear wheels. It is also illegal to have a cross ply tyre on one side with a radial on the other.
All steerable axles must be fitted with tyres of the same construction, as must all driven axles that are not steerable. An axle includes two stub axles that form a pair, and an articulated vehicle is treated as two separate vehicles
Tyre Pressures
Regulation 27 section B states "the tyre is not so inflated as to make it fit for the use to which the motor vehicle or trailer is put", however this statement is fairly ambiguous. As there is no indication of at what point an under or over inflated tyre becomes unfit for the use it is being put to.
Tyre Cuts
A cut in excess of 25mm or 10% of the section width of the tyre , whichever is the greater, measured in any direction on the outside of the tyre and deep enough to reach the ply or cord would deem the tyre illegal.
Ply or Cord Exposure
If there is any cut in the tyre no matter how small which exposes cords, then the tyre is illegal.
Lumps, Tears and Bulges
Regulation 27 section D states "if the tyre has any lump, bulge or tear caused by separation or partial failure of its structure". It is good practice wherever possible when assessing damage that the tyre is removed from the rim and systematically inspected both internally and externally.
Tread Depth
The legal minimum tread depth for cars and light trailers (including caravans) up to 3500kg gross vehicle weight and/or 8 seated passenger vehicles including driver is:
A minimum of 1.6mm in a continuous band throughout the central three-quarters of the tread width, throughout the whole of the circumference (see illustration).
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Other Points to Remember
Damage to road, person or vehicle
'If the tyre causes either damage to the road, or to persons, or to any vehicle using the road'. This would cover such instances as if a vehicle with damaged or very oversized tyres which either caught against a person or other vehicle resulting in either damage or injury. Studded tyres also are included in this clause and if used in inappropriate conditions (i.e. where there is no ice or snow) and they damage the road surface then they would be clearly illegal.
Temporary Use Tyres
All tyres marked "Temporary Use Only" are restricted to 50mph.
Re-grooved tyres are illegal on any passenger car or utility vehicle below 3500kg Gross Vehicle Weight (GVW).
Vision and Glass
The regulations provide that each motor vehicle is to be designed and constructed so that the driver has, at all times, a full view of the road.
Tinted Windows
The trend for tinted windows always seems to generate enquiries and for motor vehicles first used on or after 1 April 1985 the windscreens require a visibility percentage of 75% and 70% for all other windows.
If a suspected breach has occurred, the transmission of light will be tested by a Tint Man device. This is currently being used by Police forces throughout Scotland and expert legal advice should be sought in order to ensure procedures have been followed correctly. |
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ml@theroadtrafficlawyer.com |
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