Guest Posted April 20, 2017 Posted April 20, 2017 The Road Traffic Act 1988 does not give a definition of what is "unroadworthy" That is all defined by the The Road Vehicles (Construction and Use) Regulations 1986 and many subsequent amendments. Tell me what it says about that tyre. Quote
Joeman Posted April 20, 2017 Posted April 20, 2017 The Road Traffic Act 1988 does not give a definition of what is "unroadworthy", but instead makes reference to the following areas that, if not satisfactory, may lead to a vehicle being unroadworthy :-* Steering and steering gear* Brakes and braking systems* Tyres;* Exhaust systems;* Seatbelts and seatbelt anchorages;* General condition (corrosion, suspension etc).In short a vehicle may be classed as being unroadworthy if it is in such a condition that its use on the road would endanger the driver, passengers, other road users or pedestrians. There are also regulations, which, set out construction requirements for various components such as brakes, steering, gears, tyres, construction, weight and equipment of the vehicle. If a vehicle fails to meet the requirements it may also be considered unroadworthy. but thats not an answer, come on, legal or illegal? The law is not watertight, it's defined by how a court interprets it, and what legislation they are interpreting at the time. How your average magistrate would interpret that tyre? I'm sure you can figure that out.But thats the whole point of the thread... so come on, legal or illegal? Quote
Guest Posted April 20, 2017 Posted April 20, 2017 but thats not an answer, come on, legal or illegal? The law is not watertight, it's defined by how a court interprets it, and what legislation they are interpreting at the time. How your average magistrate would interpret that tyre? I'm sure you can figure that out.But thats the whole point of the thread... so come on, legal or illegal? Shall I start a new thread asking how long a piece of string is?TC will be able to tell us if there is any precedent, but I guess he's keeping quiet since it's his game. Quote
Hoggs Posted April 20, 2017 Posted April 20, 2017 What is going on with the shape of the tyre on the right edge?technically I think it's borked Quote
Guest Posted April 20, 2017 Posted April 20, 2017 Since the magistrate won't know and would need to be advised by the clerk to the justices, I wouldn't worry too much if a load of forum members like us don't know the answer, TC is just having a bit of fun. Quote
Joeman Posted April 20, 2017 Posted April 20, 2017 well its a fun debate.. everyone is assuming its illegal, but nobody can categorically say why! Quote
Hoggs Posted April 20, 2017 Posted April 20, 2017 awwwww I wanna play!! I hope the next round is a picture I haven't seen Quote
Joeman Posted April 20, 2017 Posted April 20, 2017 i just read section 27 of the construction and use regulation and it seems nothing in there would make this tyre illegal...http://www.legislation.gov.uk/uksi/1986/1078/regulation/27/madeIm hoping i read it wrong!! Quote
Mr Fro Posted April 20, 2017 Posted April 20, 2017 I reckon legal as there is tread visible. However, I think it would be an MOT failure as it looks like the mudguard is fouling the tyre. Quote
TC1474 Posted April 20, 2017 Author Posted April 20, 2017 (edited) I will put you out of your misery The tyre is legal. So those who said legal give yourself a pat on the back I made the specific point that the bike was 49ccI would not want to ride on it even on a 49cc, but under regulation 27 of the Road Vehicles (Construction & Use) Regulations 1986, the law states in respect of motorcycle tyres1) Save as provided in paragraphs (2), (3) and (4), a wheeled motor vehicle or trailer a wheel of which is fitted with a pneumatic tyre shall not be used on a road, if— (g) either—(i) the grooves of the tread pattern of the tyre do not have a depth of at least 1 mm throughout a continuous band measuring at least three-quarters of the breadth of the tread and round the entire outer circumference of the tyre; or(ii) if the grooves of the original tread pattern of the tyre did not extend beyond three-quarters of the breadth of the tread, any groove which showed in the original tread pattern does not have a depth of at least 1 mm; orHowever The regulations go on to say©Nothing in paragraph (1)(g) applies to a motorcycle with an engine capacity which does not exceed 50 cc.Had it been 50cc, then it would be illegal. 1cc can make all the difference.If you want another I will come up with something.... Edited April 20, 2017 by TC1474 Quote
MR_W Posted April 20, 2017 Posted April 20, 2017 I wouldn't ride that on a push bike. That it isn't illegal is stupid beyond belief.Sent from my SM-G935F using Tapatalk Quote
Joeman Posted April 20, 2017 Posted April 20, 2017 now im hooked on reading the construction and use!! check this one out - seems they need to update their definition of what a TV is!http://www.legislation.gov.uk/uksi/1986/1078/regulation/109/made Quote
someone Posted April 20, 2017 Posted April 20, 2017 That page only shows the original 1986 regulations, and I do not think there is a consolidated current version online. According to a search there have been 109 amendments since then!http://www.legislation.gov.uk/all?title=The%20Road%20Vehicles%20%28Construction%20and%20Use%29%20%28Amendment%29Happy reading! Quote
TC1474 Posted April 20, 2017 Author Posted April 20, 2017 That page only shows the original 1986 regulations, and I do not think there is a consolidated current version online. According to a search there have been 109 amendments since then!http://www.legislation.gov.uk/all?title=The%20Road%20Vehicles%20%28Construction%20and%20Use%29%20%28Amendment%29Happy reading! A television receiver in the line of sight of the driver remains illegal Quote
Joeman Posted April 20, 2017 Posted April 20, 2017 That page only shows the original 1986 regulations, and I do not think there is a consolidated current version online. According to a search there have been 109 amendments since then!http://www.legislation.gov.uk/all?title=The%20Road%20Vehicles%20%28Construction%20and%20Use%29%20%28Amendment%29Happy reading! A television receiver in the line of sight of the driver remains illegalyes, but i hope they have changed the definition of what a television is, because i dont know anyone with a CRT television in the home let alone in the car! In this regulation “television receiving apparatus” means any cathode ray tube carried on a vehicle and on which there can be displayed an image derived from a television broadcast, a recording or a camera or computer. Quote
TC1474 Posted April 20, 2017 Author Posted April 20, 2017 In this regulation “television receiving apparatus” means any cathode ray tube carried on a vehicle and on which there can be displayed an image derived from a television broadcast, a recording or a camera or computer. Any device that can be used to receive a television picture that is in the line of sight of the driver is the specifics. I need to go through the regs, but from memory I think it now states a television receiver where the picture is in line of sight of the driver,Of course, TV's are perfectly legal in other areas of the car, the key to it is where it can be seen by the driver Quote
Joeman Posted April 20, 2017 Posted April 20, 2017 what i meant was that i just hope they dont still define a television as being a Cathode Ray Tube as they are so old fashioned, nobody is likely to have one anyway! Quote
Valko Posted April 20, 2017 Posted April 20, 2017 well its a fun debate.. everyone is assuming its illegal, but nobody can categorically say why! Speak for urself, I saiz Iz legal cos da can is warming the tyre no need for tyre warmers innit? Quote
someone Posted April 20, 2017 Posted April 20, 2017 That page only shows the original 1986 regulations, and I do not think there is a consolidated current version online. According to a search there have been 109 amendments since then!http://www.legislation.gov.uk/all?title=The%20Road%20Vehicles%20%28Construction%20and%20Use%29%20%28Amendment%29Happy reading! A television receiver in the line of sight of the driver remains illegal Maybe so. But as Joeman says, those 1986 regulations specifically define a television receiver as a cathode ray tube. And doing a search over the amendments, none include the word "television" so presumably that definition is still the one currently in place.Although those original regulations do add "or other cinematographic apparatus" but without a specific definition. So that presumably will be used to legally cover modern LCD televisions and the like.But my point about the regulations online being the original version is more general than that. the online version only requires a 1mm tread depth on any vehicle, for a notable example. The change to requiring 1.6mm on many vehicle types is only found in the 4th amendment of 1990.So what I am saying is you cannot simply read the regulations on that page and assume they are correct, as anything could have changed since then. You have to read everything, or else probably can pay the TSO for a current consolidated version. Quote
Bianco2564 Posted April 21, 2017 Posted April 21, 2017 I will put you out of your misery The tyre is legal. So those who said legal give yourself a pat on the back I made the specific point that the bike was 49ccI would not want to ride on it even on a 49cc, but under regulation 27 of the Road Vehicles (Construction & Use) Regulations 1986, the law states in respect of motorcycle tyres1) Save as provided in paragraphs (2), (3) and (4), a wheeled motor vehicle or trailer a wheel of which is fitted with a pneumatic tyre shall not be used on a road, if— (g) either—(i) the grooves of the tread pattern of the tyre do not have a depth of at least 1 mm throughout a continuous band measuring at least three-quarters of the breadth of the tread and round the entire outer circumference of the tyre; or(ii) if the grooves of the original tread pattern of the tyre did not extend beyond three-quarters of the breadth of the tread, any groove which showed in the original tread pattern does not have a depth of at least 1 mm; orHowever The regulations go on to say©Nothing in paragraph (1)(g) applies to a motorcycle with an engine capacity which does not exceed 50 cc.Had it been 50cc, then it would be illegal. 1cc can make all the difference.If you want another I will come up with something.... Yes I read that law,but doesn't this apply?(f)the base of any groove which showed in original tread pattern of the tyre is clearly visible.This contradicts the HC on "tread should be visible" for a moped,suggesting its only advisable? Quote
TC1474 Posted April 21, 2017 Author Posted April 21, 2017 Has it been tested in court TC? Yes, a few years ago. Resulted in an aquitalHas also been tested for contributory negligence in an accident claim. Dismissed. This contradicts the HC on "tread should be visible" for a moped,suggesting its only advisable? Please do not start this debate again, we have had this over the past 2 weeks The law always over rides the Highway Code. So it is not not contradicting. Advising something is not law That page only shows the original 1986 regulations, and I do not think there is a consolidated current version online. According to a search there have been 109 amendments since then!http://www.legislation.gov.uk/all?title=The%20Road%20Vehicles%20%28Construction%20and%20Use%29%20%28Amendment%29Happy reading! A television receiver in the line of sight of the driver remains illegal Maybe so. But as Joeman says, those 1986 regulations specifically define a television receiver as a cathode ray tube. And doing a search over the amendments, none include the word "television" so presumably that definition is still the one currently in place. You may well be right, but I can only comment on prosecutions that I know have occured and the current interpretation of the current regulations. I did say that my previous comment on this was from memory as the original post had nothing to do with TV receivers, and on the 2 or 3 occasions I prosecuted someone it was for failing to maintain proper control and careless driving which is the more serious offence anyay.So regardless, there is always a way round things. It is contrary to section 3 of the ways and means act 1970 Quote
Bianco2564 Posted April 21, 2017 Posted April 21, 2017 This contradicts the HC on "tread should be visible" for a moped,suggesting its only advisable? Please do not start this debate again, we have had this over the past 2 weeks The law always over rides the Highway Code. So it is not not contradicting. Advising something is not law Fair enough,but what about?The exemption for mopeds is only paragraph (g)?(27.—(1) Save as provided in paragraphs (2), (3) and (4), a wheeled motor vehicle or trailer a wheel of which is fitted with a pneumatic tyre shall not be used on a road, if—(a)the tyre is unsuitable having regard to the use to which the motor vehicle or trailer is being put or to the types of tyres fitted to its other wheels;(b)the tyre is not so inflated as to make it fit for the use to which the motor vehicle or trailer is being put;©the tyre has a cut in excess of 25 mm 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;(d)the tyre has any lump, bulge or tear caused by separation or partial failure of its structure;(e)the tyre has any of the ply or cord exposed;(f)the base of any groove which showed in the original tread pattern of the tyre is not clearly visible;(g)either—(i) the grooves of the tread pattern of the tyre do not have a depth of at least 1 mm throughout a continuous band measuring at least three-quarters of the breadth of the tread and round the entire outer circumference of the tyre; or(ii) if the grooves of the original tread pattern of the tyre did not extend beyond three-quarters of the breadth of the tread, any groove which showed in the original tread pattern does not have a depth of at least 1 mm; or f)the base of any groove which showed in original tread pattern of the tyre is clearly visible. Quote
Recommended Posts
Join the conversation
You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.