Penalties for driving with illegal tyres

Driving with illegal tyres in England and Wales is a criminal offence and can also have serious practical consequences.

Legal position:

The law on tyre condition is set out in the Road Vehicles (Construction and Use) Regulations 1986 (regulation 27) and enforced under section 41A of the Road Traffic Act 1988. A tyre is illegal if, for example, the tread depth is below 1.6mm across the central three quarters of the tread and around its entire circumference, the tyre is damaged or has cuts, bulges, or exposed cords, or the tyre is not suitable for the use to which the vehicle is being put.

Penalties:

The penalty for each illegal tyre is a fine of up to 2,500 pounds and three penalty points on your driving licence. Because the offence applies per tyre, if all four tyres are illegal you could face up to 10,000 pounds in fines and 12 penalty points, which would normally result in a disqualification under the totting up provisions.

If a police officer or DVSA examiner stops you and finds illegal tyres, you may also receive a fixed penalty notice or be reported for prosecution. In more serious cases, particularly where the tyres are dangerously defective, you could be charged with the more serious offence of using a vehicle in a dangerous condition under section 40A of the Road Traffic Act 1988, which carries a higher maximum fine and obligatory endorsement.

Insurance implications:

This is often overlooked but is extremely important. If you are involved in an accident while driving on illegal tyres, your motor insurer may refuse to pay out on the basis that the vehicle was not in a roadworthy condition. Even if the insurer does pay a third party claim (as it is required to do under the Road Traffic Act 1988), it may then seek to recover that money from you. You could therefore be left personally liable for very large sums if someone is injured or property is damaged.

MOT implications:

Illegal tyres will cause a vehicle to fail its MOT. If your tyres become illegal between MOT tests, the vehicle is still required by law to be maintained in a roadworthy condition at all times when used on the road, regardless of whether it has a current MOT certificate.

Practical points:

1. Check your tyres regularly, including tread depth, sidewall condition, and inflation pressure.
2. A simple and well-known method is the 20p test, where you insert a 20p coin into the main tread grooves. If you can see the outer band of the coin, the tread may be below the legal limit.
3. If you are unsure, any tyre fitter will check them for free.
4. If you are involved in an accident and suspect your tyres were not legal, take careful note of the condition of all four tyres and seek advice promptly, because this could affect both your criminal liability and your insurance position.