CU30 Car Insurance - Using a motor vehicle with defective tyres

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A CU30 driving licence endorsement is classed as a conviction. The rehabilitation period for driving licence endorsements is a period of five years, after which they will be classed as 'spent'. You must declare all 'unspent' convictions to insurers when required to do so. More information can be found here.
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DVLA Endorsement Code: CU30
(remains on driving licence 4 years from date of offence)

It is an offence to use or cause or permit to be used, a motor vehicle on a road which is fitted with a pneumatic tyre which is unsuitable having regard to the use to which the vehicle is being put.

A pneumatic tyre is any rubber tyre that is filled with pressurized air.


CU30 - Using a motor vehicle with defective tyres

s. 41A of The Road Traffic Act 1988 [1] makes it an offence to use a motor vehicle (or trailer) on a road with defective tyres, it states:

41A - Breach of requirements as to brakes, steering-gear or tyres

A person who --

  1. contravenes or fails to comply with a construction and use requirement as to brakes, steering-gear or tyres, or
  2. uses on a road a motor vehicle or trailer which does not comply with such a requirement, or causes or permits a motor vehicle or trailer to be so used,

is guilty of an offence

Any driver who uses a wheeled vehicle (or trailer) on a road that does not meet the required construction and use requirements for that vehicle will be guilty of an offence.


Construction and use regulations for tyres

Regulation 27 of the Road Vehicles (Construction and Use) Regulations 1986 [2] stipulates the construction and use requirements for tyres and the conditions that tyres must be kept, used and maintained.

A wheeled motor vehicle or trailer with pneumatic tyres should not be used on a road if any of the following conditions apply:

  1. If any tyre on the motor vehicle is unsuitable in regards to the use to which the vehicle or trailer is being put or to the types of tyres fitted to its other wheels (does not apply to any vehicle, except buses if that vehicle is temporarily fitted with a spare tyre and is not being driven at a speed in excess of 50mph)
  2. If any tyre on the motor vehicle is not suitably inflated in order to make it fit for the use of which the vehicle or trailer is being put
  3. If any tyre on the motor vehicle has a cut in excess of 25mm or 10% (whichever is greater) of the section width of the tyre that is deep enough to reach the ply or cord of the tyre
  4. If any tyre has any lumps, bulges or tears caused by the separation or partial failure of the tyres structure
  5. If any tyre has any of its ply or cord exposed
  6. If any tyre has the base of any groove which showed in the original tread of the tyre which is not clearly visible
  7. if either
    • The grooves of the tread pattern of the tyre do not have a depth of at least 1mm throughout a continuous band which measures at least three quarters of the breadth of the tread and round the entire circumference of the tyre; or
    • 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 1mm
  8. If any tyre is not maintained in such a condition as to be fit for use to which the motor vehicle or trailer is being put or if any tyre has a defect which might in any way cause damage either to the surface of the road or damage to any persons in or on the vehicle or damage to any other persons using the road

Construction and Use Regulations for tyres on certain vehicles

Regulations a - g above do not apply to the following: An agricultural motor vehicle that is being driven at a speed not exceeding 20mph, an agricultural trailer, an agricultural trailer appliance, any vehicle which has broken down and any vehicle which is proceeding to a destination by being towed at a speed not exceeding 20mph, where the vehicle is going to be broken up (e.g. a scrap yard).

Regulations f & g above do not apply to the following: A three wheeled motor cycle which has an unladen weight that does not exceed 102kg and has a maximum speed of 12mph or a pedestrian controlled works truck.

Regulation g does not apply to the following: Any motorcycle which has an engine capacity of less than 50cc.

Regulations f & g above do not apply to the following vehicles first used on or after 1933: Passenger vehicles, other than motorcycles, that are constructed or adapted to carry no more than 8 seated passengers in addition to the driver, goods vehicles that have a maximum gross weight which does not exceed 3,500kg (including light trailers). The tyres on the aforementioned vehicles must meet the following requirements:


Construction and Use Regulations for Re-cut Pneumatic Tyres

Any re-cut pneumatic tyre that is fitted to any of the wheels of a vehicle or trailer must not:


Penalty for using a motor vehicle with defective tyres

Using a motor vehicle with defective tyres is a summary only offence and can be dealt with at a magistrates court or by way of a fixed penalty.

Fixed Penalty

Regular Vehicles: the fixed penalty for using a vehicle with defective tyres is £100 fine and 3 penalty points for each defective tyre.

Heavy Goods Vehicles (HGV's) & Public Service Vehicles (PSV's): the fixed penalty for using a vehicle with defective tyres is £100 fine and 3 penalty points for each defective tyre in most cases.

If a HGV / PSV has a tyre which has a tread of less than 1mm then the fixed penalty for each defective tyre will be £200 fine and 3 penalty points.

Magistrates Court

If prosecuted in a magistrates court the maximum sentence received (per tyre) is:

If any penalty points awarded results in a driver accumulating 12 penalty points or more within a three year period then they will be liable for disqualification under the totting up procedure.


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Reference:

[1] The Road Traffic Act 1988

[2] Road Vehicles (Construction and Use) Regulations 1986

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