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Question regards summons for worn tyres

  • 26-04-2011 2:42pm
    #1
    ToCrowd
    Closed Accounts Posts: 22 ✭


    Hi, firstly i did a search and couldn't find anything related to this in the forum and i don't even know if im in the right forum..

    I was stopped recently for having 2 "excessively worn tyres" on my car which i wasnt actually aware they were so bad, the garda in question just told me to get them changed which i did the very next day by going to a garage and fitting 4 new tires to the car, now 3 months later and i get a court summons from the event.
    Having never been in this situation before and cant really find any decent source of information i am wondering what exactly happens in this sort of case, and what do i need to do myself?

    Thanks in advance


Comments

  • #2
    BaronVon
    Registered Users, Registered Users 2 Posts: 1,663 ✭✭✭BaronVon


    Just turn up in court and you will be fined, probably about €200, depending on the judge.

    you could get a solicitor, but that'll only add to the costs.

    The tyre thread depth has to be 1.6mm, very dangerous in wet weather, of which we have plenty, to have bald tyres on the car.


  • #3
    MajorMax
    Registered Users, Registered Users 2 Posts: 865 ✭✭✭MajorMax


    ToCrowd wrote: »
    Hi, firstly i did a search and couldn't find anything related to this in the forum and i don't even know if im in the right forum..

    I was stopped recently for having 2 "excessively worn tyres" on my car which i wasnt actually aware they were so bad, the garda in question just told me to get them changed which i did the very next day by going to a garage and fitting 4 new tires to the car, now 3 months later and i get a court summons from the event.
    Having never been in this situation before and cant really find any decent source of information i am wondering what exactly happens in this sort of case, and what do i need to do myself?

    Thanks in advance

    Bring the receipt or any other proof that you got new tyres, tell the judge that you hadn't realised that they were so bad, apologise to the judge and tell him that you are grateful that the Guard brought it to your attention.

    You will probably get a fine and a couple of penalty points, it is your responsibility to maintain your car in a roadworthy manner


  • #4
    PCPhoto
    Registered Users, Registered Users 2 Posts: 6,584 ✭✭✭PCPhoto


    did you make an effort to goto the garda station when you received the summons and show them proof that you changed the tyres ?

    I hope you kept the receipt !!

    at the moment it looks like you must goto court (with the receipt or *proof that you did infact change the tyres the next day) .... if you are asked to explain before the judge tell him/her exactly what happened ... the Garda told you to get the tyres changed and the next day you did - then 3 months later you receive a summons, which has caused you to take time off work and has been a major inconvenience for you.

    *proof = if you have no receipt or copy of receipt ask one of the lads who works there to come along as a witness (chances are the garage can give you a copy of the receipt for the day it happened - hopefully you didn't pay cash)


  • #5
    PCPhoto
    Registered Users, Registered Users 2 Posts: 6,584 ✭✭✭PCPhoto


    MajorMax wrote: »
    Bring the receipt or any other proof that you got new tyres, tell the judge that you hadn't realised that they were so bad, apologise to the judge and tell him that you are grateful that the Guard brought it to your attention.

    You will probably get a fine and a couple of penalty points, it is your responsibility to maintain your car in a roadworthy manner

    do you have any proof of this or are you trying to give a worst case scenario !!

    I can't seem to find any penalty points attributed to "excessively worn tyres"
    heres a link to the first list of offences for penalty points:
    http://www.rsa.ie/Documents/Licensed%20Drivers/Penalty%20Points%20Chart.pdf

    OP - my guess is that the matter would be struck out - especially if you have proof that you paid the following day for a set of replacement tyres, I do think there should be procedure for follow up between the garda and you so you could have shown him/her the receipt ahead of issuing a summons....but you were not to know it was coming and I would guess that the Garda forgot or got mixed up on his/her notes and issued the summons anyway - these things happen (unfortunately) ..... maybe one day we'll have a better system and some of the gardai wont be able to give others a bad name.


  • #6
    ToCrowd
    Closed Accounts Posts: 22 ✭ToCrowd


    Well, i payed with cheque, and the garage would be able to prove it, also i brought the car to the gardai station within 10 days of the event because i had to produce my insurance cert cert and drivers license at the time anyway, Gardai took a look at it and said fine...
    Very confused...
    Ya i cant find tires on the list anywhere only dangerously deffective vechicle which is about as close as i can see it.
    Also the gardai gave no reciept to me when i handed in my details.


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  • #7
    234
    Registered Users, Registered Users 2 Posts: 1,529 ✭✭✭234


    The legislation for the offence should be specified in the summons. e.g. excessively worn tyres contrary to.....
    Edit: Road Traffic Act 1961, Raod Traffic Act 2002, Road Traffic Act 2010, Road Traffic (Construction and Use of Vehicles) Regulations 2003.


  • #8
    MagicSean
    Closed Accounts Posts: 9,897 ✭✭✭MagicSean


    ToCrowd wrote: »
    Well, i payed with cheque, and the garage would be able to prove it, also i brought the car to the gardai station within 10 days of the event because i had to produce my insurance cert cert and drivers license at the time anyway, Gardai took a look at it and said fine...
    Very confused...
    Ya i cant find tires on the list anywhere only dangerously deffective vechicle which is about as close as i can see it.
    Also the gardai gave no reciept to me when i handed in my details.

    Did you talk to the actual Garda that had stopped you?


  • #9
    ToCrowd
    Closed Accounts Posts: 22 ✭ToCrowd


    k_mac wrote: »
    Did you talk to the actual Garda that had stopped you?
    Afraid not, it was a traffic corp garada who stopped me, and told me to go to my local barracks


  • #10
    MagicSean
    Closed Accounts Posts: 9,897 ✭✭✭MagicSean


    ToCrowd wrote: »
    Afraid not, it was a traffic corp garada who stopped me, and told me to go to my local barracks

    Maybe you should try contact him. His name is on the summons.


  • #11
    coylemj
    Registered Users, Registered Users 2 Posts: 25,650 ✭✭✭✭coylemj


    Duplicate thread, posted at the same time on Motors.....

    http://www.boards.ie/vbulletin/showthread.php?t=2056250461


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  • #12
    dilallio
    Registered Users, Registered Users 2 Posts: 2,728 ✭✭✭dilallio


    The Garda who stopped you is the Garda who's name is on the summons, and is the same Garda who will be giving evidence against you in Court.

    You should go to the Garda station where you presented your insurance cert. They will have a log book with your details and the name of the Garda who inspected your insurance cert and tires. Ask for the name of the Garda who did the inspection. Edit: If you have the date you called in, you will get this info quicker.

    Phone the station of the Garda who originally stopped you and ask for him - his name will be on the summons. If you can't do this before your court date, show up on the court date 30 mins early and ask one of the Gardai there that you would like to speak to him when he arrives. Show him the summons and the receipt, and the name of the Garda who inspected your cert & tires. Thank him again for pointing out your defective tires and that you did not realise it at the time. Also explain that you rectified the matter at the earliest opportunity, and complied completely with him.

    When your case is called, you will be called up and the Judge will ask the Garda to make a statement. If the Garda explains that you were not aware of the situation prior to being stopped, and you rectified the situation immediately, there is a chance that the judge will dismiss the charge. If the traffic Garda does not show up for court, you case will be struck out.

    Good luck.


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