Penalty for Bald Tyres and Illegal Tyre Tread: UK Law and Defences

Driving with bald tyres or insufficient tyre tread is illegal and dangerous. The law requires a minimum tyre tread depth of 1.6 millimetres across the central three-quarters of the tyre’s circumference.

Section 41.A of The Road Traffic Act 1988 provides the legislation for defective tyres and violating this law can result in a penalty of three points per defective tyre and a fine.

Regular tyre checks are crucial, as the driver is responsible for tyre maintenance. The consequences of driving with illegal tyres include increased stopping distances, reduced grip, and a higher risk of accidents.

While there are limited defences for this offence, the penalties can be severe, potentially leading to disqualification due to rotting up if penalty points are issued for multiple tyres that are found to be below the legal limit.

Expert Legal Guidance For Tyre Tread Offences

At Caddick Davies Solicitors, we understand the impact that any motoring offence charge can have. If you are facing a charge as a result of failing to maintain a minimum tyre tread depth of 1.6 mm across the centre of your tyres circumference, we can help.

We will help you to understand the process and explore all available defences and mitigating circumstances that could potentially reduce the severity of the penalties you face.

You can contact our office for a free consultation on 0151 944 4967.

Read on for more information about your legal responsibilities, potential defences and penalties relating to tyre tread offences. .

What Is Tyre Tread? 

Tyre treads are the grooves in the tyres, which were designed in 1904 to push out water from the road, to ensure the rubber on the tyres could grip the road adequately. If the tread has worn away, this significantly impacts your vehicle’s ability to steady itself on the road. Driving with tyres below the legal tyre tread is dangerous and poses a risk to both the driver and other drivers/pedestrians that they may come into contact with.

What Is The Law On Illegal Tyre Tread/Bald Tyres?

Basic Legal Requirement for types in the UK

Driving with tyres that have less than the mandatory minimum tread or bald tyres is illegal and this is covered under Section 41.A of The Road Traffic Act 1988.

Legal Tyre Tread Depth

The minimum legal tread depth is 1.6 millimetres and this must be maintained across the central three-quarters of the tread around the entire circumference of the tyre to avoid a bald tyre fine.

Dangers of Insufficient Tread

Tyres with less than 1.6mm tread have increased stopping distance due to reduced grip on the road. Low tread is especially dangerous at high speeds or in bad weather and bald tyres can blow out, increasing the risk of accidents.

New Regulations (as of 1st February 2021)

The Construction and Use Regulations introduced new rules for certain vehicles that mean it’s now illegal to use tyres older than ten years on the front axles of; HGVs, Coaches, Buses, and Minibuses with 9-16 passenger seats. There are also additional Requirements for Heavy Vehicles. HGVs, buses/coaches, minibuses, and trailers over 3.5 tonnes must have visible manufacturer’s date codes on all tyres but the exception to this is non-commercial vehicles over 40 years old.

What Penalty Will I Receive For Driving With Bald Tyres? CU30 Convictions. 

Should you be caught driving with tyres that have a tread below the legal limit, you are subject to a three penalty point endorsement and a financial penalty.

This penalty can be endorsed per tyre, meaning if all of your tyres fall below the legal limit, you could find yourself disqualified under ‘totting up’ provisions from driving for this offence alone.

“Totting up” in driving refers to the accumulation of penalty points on a driver’s licence over time. In the UK if a driver accumulates 12 or more penalty points within a 3-year period, they face a “totting up” disqualification for a minimum of 6 months.

How Long Does A CU30 Stay On Your Licence?

If you are convicted of this offence, you will have a CU30 conviction on your driving licence. This will remain on your licence for four years and will be removed from your driving licence after this period. Your car insurance premium may increase as a result of a CU30 conviction, as you may be considered a higher risk by insurers.

Who Is Responsible For Checking The Tyre Tread?

The driver of the vehicle is solely responsible for the maintenance of their tyres and it is imperative you carry out routine checks of your tyres, for both your own safety and also to avoid prosecution.

Generally new car tyres will have a tyre tread of around 8 – 9 mm, which of course gradually reduces over time as the vehicle is driven and the tread wears down. The braking distance of a vehicle with new tyres with an 8mm tyre tread is 14 meters shorter than a vehicle with a tyre tread of 1.6mm (the legal minimum).

As a result, it is important that you regularly check your tyres, especially if you own a used vehicle or have not changed your tyres for a long period of time. Research commissioned by National Highways found that only one in six drivers checked their tyres before setting off on a long journey.

How To Check Your Tyre Tread

Regular tyre checks are crucial for your safety and legal compliance. Here are three easy methods to check your tyre tread and avoid points on your driving licence:

1. The 20p Test

This quick and simple test requires only a 20 pence coin:

• Insert the coin into the tyre’s tread grooves.
• If the outer band of the 20p coin is not visible, your tyre tread is above the legal limit.
• If you can see the outer band, your tyre might be under the legal limit and should be checked by a professional.
• The RAC recommends performing this test every two weeks and before long journeys.

2. Tyre Tread Wear Indicator

Some tyres come with built-in wear indicators:

• Look for small raised bars between the tread patterns.
• If your tyre tread is level with these indicators, your tyre is at or below the legal limit and needs immediate replacement.

3. Tyre Tread Depth Gauge

For precise measurements:

• This specialised tool accurately measures tyre groove depth.
• Available from various retailers, including Amazon and motor accessory shops.
• Ideal for those wanting exact measurements.

Remember: We recommend checking your tyres every two weeks, regardless of recent MOT status. Regular checks help ensure your safety and can prevent unexpected tyre problems.

What Will Police Officers Look For At The Roadside?

If you are stopped by a police officer who has concerns about the condition of your vehicle they will not only check the depth of your tyre tread, but also for any signs of irregular wear or damage. It is important to note that drivers are also required by law to ensure their vehicle is fitted with the correct type of tyre.

There is no legal requirement to carry a spare tyre, but if you choose too, the spare tyre does not need to comply with the legal tyre depth requirements whilst stored in your vehicle. However, once you fit the spare tyre it must comply with regulations, or you may be prosecuted for the offence.

Defences for Driving with Illegal Tyre Tread or Bald Tyres

The only viable defence for driving with bald tyres or tyres with an illegal tread is to evidence that the tyres themselves were not defective or were at least 1.6mm.

If you have recently been pulled over by an officer, we would advise taking your vehicle to a garage and asking them to check your tyre tread. You will need to ensure you obtain some form of evidence of this from the garage and a supporting statement to be used in court if necessary.

We would also advise taking pictures of your tyres to further evidence the condition they are/were in. It is imperative you do this on the day of the alleged offence or as close to this date as possible, to retain credibility.

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Contact Caddick Davies Solicitors today
Send us a message or call us on 0333 443 2366 for friendly advice

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1. Proving Your Tyres Were Legal

The main defence is showing your tyres were not defective and had at least 1.6mm of tread depth across three-quarters of the tyre. If you’ve been stopped by the police:

– Take your vehicle to a garage for a tyre check immediately

– Get written evidence of the tyre condition from the garage

– Take clear, dated photos of your tyres

– Do this as soon as possible after the alleged offence for credibility

2. Special Reasons Argument

If your tyre tread was illegal at the time and you are technically guilty of the offence, but were driving under extenuating circumstances, you may be able to advance a special reasons argument.

A special reasons argument is not a full defence, but awards you the opportunity to explain to the court the circumstances in which the offence was committed.

As established in R v Wickens (1958) 42 Cr App R 436 (CA), to be defined as a special reason a matter must :

– Be a mitigating or extenuating circumstance

– Not amount in law to a full defence

– Be directly connected with the commission of the offence

– Be a reason which the court ought properly to take into consideration when imposing a sentence

3. Exceptional Hardship Argument

If you are facing a ‘totting up’ disqualification as a result of illegal tyre tread, you could try to run an exceptional hardship argument. An exceptional hardship is a legal argument which if you utilised successfully, can prevent you from being disqualified from driving, under ‘totting up’ procedures.

This could prevent disqualification by showing how losing your licence would severely impact your life.

• If you have held a full UK driving licence for more than two years, you can obtain up to twelve penalty points within a period of three years before you are at risk of a driving disqualification.
• This driving disqualification is subject to Section 35 of The Road Traffic Act 1988 and is often referred to as a ‘totting up disqualification’.
• You can run an Exceptional Hardship argument on a range of grounds, depending on how a driving disqualification would affect your life.
• A successful application of exceptional hardship would result in you having 12 or more points endorsed on your licence, without receiving a driving disqualification.
• It is important to note you can only advance exceptional hardship on the same grounds once every three years.

For more information on this, read the article: ‘What is Exceptional Hardship?’.

Final Thoughts 

Maintaining legal tyre tread depth is crucial for road safety and compliance with UK law. The minimum legal tread depth of 1.6mm across the central three-quarters of the tyre’s circumference is not just a legal requirement, but a vital safety measure.

Driving with bald or illegal tyres significantly increases stopping distances, reduces grip, and heightens the risk of accidents, especially in adverse weather conditions.

Key points to remember:

1. Regular tyre checks are essential and are the driver’s responsibility.
2. Penalties for illegal tyre tread can be severe, including fines and penalty points per defective tyre.
3. Multiple offences can lead to disqualification under ‘totting up’ rules.
4. Simple methods like the 20p test can help you regularly check your tyres.
5. If charged, limited defences are available, including proving the tyres were legal or presenting special reasons arguments.
6. In cases of potential disqualification, an exceptional hardship argument might be considered.

Remember, prevention is always better than cure. Regular tyre maintenance not only keeps you on the right side of the law but also ensures your safety and that of others on the road. If you find yourself facing charges related to illegal tyre tread, it’s advisable to seek professional legal guidance to understand your options and the best course of action.

For expert advice on tyre tread offences or any motoring law matters, don’t hesitate to contact Caddick Davies Solicitors. Our team is here to provide the support and representation you need to navigate these challenging situations.

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Contact Caddick Davies Solicitors today
Send us a message or call us on 0333 443 2366 for friendly advice

_______________________________________________________________________________

• About
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Neil Davies

Motoring Lawyer at Caddick Davies Solicitors

Caddick Davies is recognised as one of England and Wales’ leading motoring law firms, offering specialist Speeding Solicitors, Drink Driving Solicitors & Dangerous Driving Solicitors.We provide advice and representation on all motoring offences including speeding, the avoidance of disqualification on penalty points or “totting up” (exceptional hardship), driving without due care and attention (careless driving), dangerous driving, drink driving, as well as a range of services related to medical revocation of a driving licence.

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