I was driving on a single carriage road, and notice a police car on the other side of the road, as I turned into my street and was parked in my residential parking bay, I suddenly see a police car park infront of me. The officer approached me and asked me if the car was mine, of which I replied yes, and subsequently told me he had noticed one of my break light was not working and that was why he had followed me. He requested for my driving licence of which I handed over, and he then said he would like to examine my tires in my parking bay. He did so and noticed that one of them was below the regulation and said he was going to give me a ticket and have my licence endorsed for that reason. This this a fear thing to do? Is it legitimate to give a ticket in my residential parking bay, which is not a public road. Although he might have seen me pass, has he got the right to follow me home and examine my car. The identity of the car has been established with all paper work required seen.
2007-04-15 05:51:05 · 16 answers · asked by Jimmy G 1 in Cars & Transportation ➔ Other - Cars & Transportation
afraid so! you was still on a highway and probably intended to continue to drive on a highway after leaving the residential parking bay. its illegal to have a bald tire. end of i'm afraid.
2007-04-15 05:55:46 · answer #1 · answered by Anonymous · 5⤊ 0⤋
Unfortunately, although as you say you were in your residential parking bay, undoubtedly you would still have driven the car later that same day or the next with a bald tyre, which is illegal and dangerous to other road users. If the parking bay, although residential, is situated on the road, it is still the public highway and not private land.
If a Police Officer notices that you are either driving erratically, speeding or that your car is defective, s/he is perfectly entitled to check your car over and ask to see supporting documents. They cannot, however, stop you otherwise unless they have a resaonable suspicion that you have/will/are committing an illegal act or carrying prohibited items.
The Police are able to issue a fixed penalty notice or a warning on the street where they feel a law has been broken to save the matter being referred to the Magistrates' Court.
Unfortunately, I think this is an instance where it is, as they say, a fair cop.
2007-04-15 06:02:40 · answer #2 · answered by Anonymous · 3⤊ 0⤋
Definetly a fair cop. you had a defective tyre.Did he not also book you for the defective brake light?. What about driving without due care and atttention, as from your question/statement, it appears you did not see the police car pull past you, "I suddenly see a police car park infront of me."
However, you do have the right to appeal, but I think that this would be a waste of your time and money, because your tyre was illegal. Remember, that although it is a residential parking are, the area sounds that it is still open to the public. As such, vehicles must be maintained in a roadworthy condition.
2007-04-15 06:23:50 · answer #3 · answered by Jake159 4 · 3⤊ 0⤋
The answer is simple. Was the tyre below the legal limit. The answer seems to be yes. Were you driving the car in that condition on the public road. And that answer seems to be yes. So you have committed and offence under the Road Traffic Acts. Has the policeman got evidence that says you have committed the offence and the answer to that seems to be yes. So he has quite correctly issued you with a ticket which will we hope help to protect other road users from your negligent maintenance of your vehicle
Where, how and when he examined your car is irrelevant If you wish to avoid this situation make sure you care is legally road worthy in future. My congratulations to the policeman concerned for his excellent observational skills,..
2007-04-15 06:05:05 · answer #4 · answered by Maid Angela 7 · 3⤊ 0⤋
Yes the offence is a CU30 - driving with defective tyre. You were still on a public highway and therefore they are within thier rights to issue a fixed penalty
2007-04-15 05:59:10 · answer #5 · answered by sjjosey 2 · 4⤊ 0⤋
I dont think there is a lot of fear involved here - not on the policemans part at any rate!!
It is however very fair for him to do this as if your tire is below acceptable levels, either in air or tread then you are putting yourself and others at risk. You cannot control a car properly when you break if your tire is not up to scratch.
2007-04-15 05:57:23 · answer #6 · answered by Anonymous · 4⤊ 0⤋
She can fight it in court - but she will loose. A person must present there drivers license and auto registration upon request but the police officer is not required to request it before issuing the ticket - even though it is typical standard policy.
2016-05-20 22:32:47 · answer #7 · answered by leah 3 · 0⤊ 0⤋
Seems a bit unfair. Most police officers would make you swap the bald tyre with the spare tyre. They might then give you a producer to get the bald tyre replaced within 7 days. Then you have to report to the police station and show them the new tyre.
Find out why the officer didn't suggest this.
2007-04-15 06:01:57 · answer #8 · answered by Anonymous · 0⤊ 3⤋
If your in the UK it's a $2500 fine and 3 points on your licence for each defective tyre.
2007-04-15 06:37:44 · answer #9 · answered by Anonymous · 0⤊ 0⤋
I'd say the copper was bored and had you marked in his sights.most cops would have giving a warning and a stern advisory on maybe changing to spare tyre or getting it fixed at the garage pronto.so i would say that you were in the wrong place at the wrong time and were just unlucky
2007-04-18 00:56:16 · answer #10 · answered by billybus 3 · 0⤊ 0⤋