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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70506
Experience:  Over 5 years in practice
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Where can I find the specific legislation referring to driving

Customer Question

Where can I find the specific legislation referring to driving with two different sized wheels and tyres on the same axle on a motor vehicle in the UK
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is ***** ***** I will try to help with this.

-Could you explain your situation a little more?

Customer: replied 3 years ago.

I bought a Volkswagen Caddy Maxi which had 17" Alloy wheels already fitted. I run a Private Hire Company and the Caddy was perfect for the job. First thing I asked for was a same size spare wheel as I offer a 24hr service and finding a tyre repair company at 2am at Heathrow Airport etc. would be difficult. To cut a long story sort the car retailer is offering me a 16" wheel with a larger profile tyre which he insists will get me out of trouble in the event of a punture. I say as soon as I put the spare wheel on it will not pass an MOT so will invalidate my insurance and also not pass a council test. I need something like a legislation number or similar to quote.

Expert:  Jo C. replied 3 years ago.
but isn't the issue though that it will be sufficient for emergency purposes? Like most spare tyres these days?
Customer: replied 3 years ago.

The whole point is a am a private hire driver and if I have a puncture while carrying passengers to an Airport or Seaport in the middle of the night I can't just pop to the nearest tyre retailer for a repair. Therefore I need to know the exact wording of the law associated to driving with different sized tyres on the same axle. If I were to take my vehicle for a MOT test with different sized tyres on the same axle it would fail. Therefore as soon as I change the wheel in the event of a puncture I am driving a vehicle with no MOT and illegal on the road in this country. This invalidates my insurance and also my council licence. I stressed with the car salesman that I needed five wheels all the same diameter and all the tyres the same profile. If he had said he could not supply this I would not have bought the car. It is legal to drive with a space saver in this country but these wheels are marked as such and are only used in an emergency. This wheel they have offered me is not a space saver, which would be no good to me on a long journey.

Expert:  Jo C. replied 3 years ago.
Yes, I do see your point.

I completely see that an emergency tyre has limitations and you don't need the construction and use legislation to confirm that.

The problem here though is that you are asking a retailer who is only bound by the Sale of Goods Act to accommodate that. He may be liable to do so. It depends if you are saying that you purchased this new and made clear to him your intended usage. If this is a second hand vehicle and you are just negotiating the sale then he is free to refuse any conditions he likes I'm afraid and you are free to retreat.

If you are intent then you will find the legislation covering the mixing of tyres here

http://www.legislation.gov.uk/uksi/1986/1078/regulation/26/made

Although I don't think he will dispute that this cannot be anything other than an emergency measure for you and given your intended usage it would not be adequate.

Can I clarify anything for you?

Jo
Jo C. and 3 other Law Specialists are ready to help you
Customer: replied 3 years ago.

Surely only a space saver wheel which is marked as such is the only legal emergency wheel. I have a written admission from the salesman to say the first thing I made clear before we mentioned price was that the vehicle was to be used as a private hire vehicle and I could not accept a space saver wheel or a can of foam or an inflation kit. Time and time again I stressed that I need a same size spare but still they keep offering a different sized wheel which is not even a space saver. I have MOT printouts supporting my case, I have Emails from my Insurance Broker, I have a letter from the council, I have contacted the Police, who would not make an official Statement but backed my cause. Now maybe with this link I might just get the edge. Thank you any further help would be very much appreciated.

Expert:  Jo C. replied 3 years ago.
If you made that clear at the time of sale then you could probably bring that within the sale of goods act