Court summons for low tyre tread

[crem]

NO not at all, not because of his nationality but because of the type of driving licence he carries. There HAS to be a way of being able to punish transgressors of the law, if it is by reason of points on a driving licence and the transgressor doesnt have a driving licence that can be endorsed then there has to be another available means.

 

errmm he does have a licence that can be endorsed

 

I would like to kindly ask you, why are your Officers not issuing Fixed Penalty Notices to nationals from other EU states holding a valid driving licence issued in one of those states, who commit a single offence that would normally qualify for 3 penalty points and a Conditional Fixed Penalty Offer?

 

According to changes made to the Road Safety Act 2006 (c.49, sections 8 and 9) that became effective on 1 April 2009, UK Police Officers are now able to issue Fixed Penalty Notices to the European Community or European Economic Area licence holders. The UK was obliged to make this change following a complaint to the EC when a Dutch motorist was required to attend UK Court and the fine was higher than the Fixed Penalty Notice so was declared discriminatory.

 

This clearly means that I am ‘allowed to take an advantage of a fixed penalty system’ (as per explanatory notes in part B on the 2nd page of DVLA form D9 – “Application for a driving licence counterpart for non-GB licence holders”) and Penalty Points can be imposed on my licence.

 

If it is not liked perhaps the law ought to be changed to only allow people that have passed their test in England and hold a british licence to drive in this country.

 

Happy now?

How ridiculous!

 

So presumably you also agree that we shouldn't be allowed to drive in France and Spain and Italy and USA and Australia.........and..and..and

[Prawns25]

A tip that I was told on tread depth was that the ‘block’ in the groove ( on picture 2, post 18) becomes level with the contact area of the tyre at 1.6mm. Not sure if this is correct but a good guide if it is true.

[crem]

A tip that I was told on tread depth was that the ‘block’ in the groove ( on picture 2, post 18) becomes level with the contact area of the tyre at 1.6mm. Not sure if this is correct but a good guide if it is true.

 

It is true, but as you say, it is only a guide an not wise to run your tread down to this level before having them checked professionally.

[MungoPL]

It is true, but as you say, it is only a guide an not wise to run your tread down to this level before having them checked professionally.

 

Agree.

 

 

This is how my letter looks now. Will be send today after work.

 

Regards

 

Dear Mr ***** *****, Chief Constable of ********** Constabulary,

I write to express my serious dissatisfaction of the way your Force has treated me when I was stopped on 21.09.2009 at about 2:30 PM on ***** ***** in ***** ***** by a Police car with registration number *******.

I was stopped at the roadside by two Officers and one of them upon examining my vehicle found that tread depth of front left tyre on my car is below legal limit of 1.6mm. I admitted I did not know about the tyre being faulty. I was shocked when the Officer pointed this out to me as I always do my best to keep the car in the top working condition. I accepted the fact of committing an offence and committed myself to replace the faulty tyre immediately. I asked the Officer whether Fixed Penalty Notice can be issued because this was a single offence and I had no motoring convictions before. Answer I was given by the Officer was that this could not be issued to me, as I am EU national and a holder of driving licence issued in Poland and therefore Penalty Points cannot be imposed on my licence. He also told me that because of this fact, the offence has to be dealt by The Magistrates Court.

I would like to kindly ask you, why are your Officers not issuing Fixed Penalty Notices to nationals from other EU states holding a valid driving licence issued in one of those states, who commit a single offence that would normally qualify for 3 penalty points and a Conditional Fixed Penalty Offer?

 

According to changes made to the Road Safety Act 2006 (c.49, sections 8 and 9) that became effective on 1 April 2009, UK Police Officers are now able to issue Fixed Penalty Notices to the European Community or European Economic Area licence holders. The UK was obliged to make this change following a complaint to the European Commission when a Dutch motorist was required to attend UK Court and which led to receiving a fine higher than the Fixed Penalty would have been and the imposition of court costs. Motorist argued that the Fixed Penalty System was discriminatory against European Community licence holders in general. The Commission upheld the complaint and the Government had to undertake necessary steps to make legislative changes to put an end to the discrimination.

 

This clearly means that I am ‘allowed to take an advantage of a fixed penalty system’ (as per explanatory notes in part B on the 2nd page of DVLA form D9 – “Application for a driving licence counterpart for non-GB licence holders”) and Penalty Points can be imposed on my licence.

 

I am Polish, and I am UK resident. I feel discriminated because of the situation that took place. I am very sad to say that it is really unfair to me to be summonsed to Court as a result of your Officers not being up to date with this information. I also would like to point out that the faulty tyre was immediately replaced on that day. What is more, the other tyre on that axle (that was still legal) was replaced few days later as I was concerned about my safety and safety of other people on the road. Please find attached copies of invoices for both tyres.

 

I would like to ask now if there is any way for the Police Force to still make me a Conditional Fixed Penalty Offer. I have demonstrated that Police Forces are able to issue Fixed Penalty Notices for these single offences to EC or EEA nationals being UK residents with a valid driving licence issued in EU country. I would like to add that in my opinion public money can be saved by the matter not being dealt with in Court, and that the Officer only failed to issue a Fixed Penalty Notice due to the apparent lack of being updated on the new procedure.

 

 

Yours truly,

[TD27]

A tip that I was told on tread depth was that the ‘block’ in the groove ( on picture 2, post 18) becomes level with the contact area of the tyre at 1.6mm. Not sure if this is correct but a good guide if it is true.

 

They're typically around 2mm. However, that varies from manufacturer to manufacturer.

 

Police forces generally change tyres out at 3mm. The performance of the tyre is siginificantly reduced in wet weather below this.

 

I do it on my personal vehicle now. Would never forgive myself if anything happened to my wife and youngsters for the sake of a few quid. Not only that but we do a lot of motorway driving and the dangers of aquaplaning in the wet are too prevalent.

[adamna]

MungoPL, may I commend you on your command of the English language, not sure how well I'd be getting on with Polish after a couple of years. Also you've done your research well. You are trying to get equal treatment, which you deserve, and is your right as you've established. Anything else is discriminatory. It's not 'playing the discrimination card', perhaps it takes being discriminated against to understand this.

[MungoPL]

MungoPL, may I commend you on your command of the English language, not sure how well I'd be getting on with Polish after a couple of years. Also you've done your research well. You are trying to get equal treatment, which you deserve, and is your right as you've established. Anything else is discriminatory. It's not 'playing the discrimination card', perhaps it takes being discriminated against to understand this.

 

 

This will be Off Topic, but...

Thank you! I have been learning English since I was 6 years old, and remember that I started to attend English lessons instead of going to kindergarten I like this language and always preferred it as a foreign language.

 

I did not come to UK to just 'work because there was lack of jobs in Poland' as most Polish people that were just too lazy to go to Job Center and find something suitable for them. I came here firstly - to live on a level worthy of, in a better organized state, secondly - to work and be paid better for what I can do and develop my skills in a more suitable conditions, thirdly - to be self-sufficient and not dependant on my parents. I am ambitious person that want to achieve something in life, unlike other people that just want to 'vegetate'.

 

Btw. Letter was sent out. Anybody knows how long can it take to get a reply?

 

Best regards,

MungoPL

[TD27]

I would expect you to receive an acknowledgement first, just to say they've got it.

 

Given the potential for diversity issues you've raised they'll want to investigate.

 

They'll have to trace the driver and other officer from the registration you gave, find out what happened, reasons for their decision etc.

 

All that will have to flow up and down the chain and a decision made.

 

I'd think you're looking at a couple of weeks easily. Possibly more like 3 or 4.

[MungoPL]

Allright,

So I finally received a reply saying:

 

"Dear Mr...,

Further to our letter dated 13 October 2009, I can confirm that, after careful consideration of the circumstances, your request for the alleged offence to be dealt with by way of Fixed Penalty Notice as an alternative to a Summons to Court, has been agreed. In the near future, the officer dealing with the matter will contact you with a view to arranging the issue of a Fixed Penalty Notice."

 

 

I think this solves the matter for me. Thank you all for helping me!!!

[crem]

nmatrix, first thing is this is an old thread, and as this is a new subject you would be better having your own new thread or people might miss it.

 

Like many things to do with motoring, the assertion of the police officer will be taken as fact unless you could demonstrate to the contrary. In this case, the "fact" that the tyre had insufficient tread is true unless you show otherwise. As you no longer have the car, and of course therefore the tyre also, then the "fact" stands, along with the FPN which should have been paid in the stated timescale.