TIRES

Aug 27, 2019 | Uncategorized

THE CHARGE

Improper Tires
Improperly Installed Tires

THE LAW

Offense
HTA 70(3) No person shall operate or permit to be operation upon a highway a vehicle that is.

Fitted with a tire that does not conform with the standards and specifications prescribed in the regulations; or
Fitted with tires that are installed in a manner, in a place or in a combination that does not conform with the specifications prescribed in that regulations. R.S.O. 1990, c. H.8, s. 70(3).

HTA, Revised Regulations of Ontario 1990, Regulation 625, “Tire Standards and Specifications”

2 A tire,

  • Shall have no exposed cord;
  • Shall have no tread or sidewall cuts or snags deep enough to expose the cords;
  • Shall have no abnormal visible bump, bulge or knot. R.R.O. 1990, Reg.625, s.2.

3(1) Subject to subsection (2), a tire shall not be worn to the extent that in any two adjacent major grooves at three equally spaced intervals around the circumference of the tire,

  • The treadwear indicators contact the road; or
  • Less than 1.5 millimeters of tread depth remains. R.R.O. 1990, Reg.625, s. 3(1).

4(1) Tires shall be installed on a vehicle so as to avoid,

  • A mixture of construction types consisting of radial ply tires on the front and bias ply or belted bias ply tires on the rear;
  • A mixture consisting of 50 or 60 aspect ratio tires on the front with any aspect ratio of tires other than 50 or 60 aspect ratio, on the rear;
  • A combination of construction types or sizes of tires on an axle, except where such types or sizes are equivalent by tire industry standards. R.R.O. 1990, Reg. 625, s. 4(1).

5 A tire fitted on a vehicle shall not,

  • Be of a smaller size than the vehicle manufacturer’s specified minimum size; or
  • Contact any vehicle component so as to affect the safe operation of the vehicle. R.R.O 1990, Reg. 625, s. 5.

6 A tire shall not be installed on a motor vehicle or trailer that bears,

  • The words “not for highway use”, “farm use only” or “competition circuit use only”;
  • The letters “SL”, “NHS” or “TG” after the tire designation; or
  • Any other wording or lettering indicating that the tire was not designed for highway use. R.R.O. 1990, Reg. 625, s. 6.

IN PLAIN ENGLISH THIS MEANS

You cannot have any tire fitted on your car that :

  1. Has exposed cords;
  2. Has tread or sidewall cuts or snags deep enough to expose the cords.
  3. Has abnormal visible bumps, bulges or knots anywhere on the surface of the tire.
  4. Has less than 1.5 millimeters of tread depth left.
  5. Contribute to a mixture of construction types consisting of radial ply tires on the front and bias ply or belted bias ply tires on the rear. At a minimum you must have the same type of tire on the front and on the back.
  6. Is a smaller size than the vehicle manufacturer’s specified minimum size.
  7. Makes contact with any vehicle component so as to affect the safe operation of the vehicle.
  8. Has “not for highway use,” “farm use only” or “competition circuit use only” written on it.
  9. Racing sticks would fall under 6(c)

WHY COPS WILL PULL YOU OVER

When making a routine stop, an officer may notice that your tire have a bulge or the cords from your tires are exposed. More than likely, this will lead to further examination of your vehicle’s tires and other components.

STOP IT AT THE CURB

  • Always be polite and respectful to the police officer – remember, the office is only doing his/her job.
  • Follow the officer’s instructions closely.
  • Ask the office politely why you were pulled over, but do not aggravate the situation.
  • If the officer issues you a ticket, accept it politely and leave the situation without further altercations.
  • Do not aggravate the situation, causing further examination that may lead to other tickets.
  • Take the ticket, follow the instructions on the reverse side and file for a court date.

IF YOU HAVE TO GO TO COURT

Always fight your ticket – it’s your right. The Crown must prove that your car has “improper tires” to prevails at trial. Usually the Crown’s primary evidence will be the testimony of the police officer who issued the ticket.

  1. Have your car checked by a licensed mechanic immediately. Remember that for every day you wait to have this inspection done, your case in court is weakened.
  2. Many shops give free inspections; have a mechanic confirms that your tires are defective, have them replaced immediately. Bring the appropriate certification to court and ask the judge to have the fine reduced. The judge will usually lessen the fine because of your compliance.
  3. If your licensed mechanic says your tires are “adequate,” you can pay for a vehicle certification or ask for a signed letter. Produce the document to the judge if you can demonstrate to the court that your tire was in fact “adequate.” The judge will support the evidence of the licensed mechanic, who is considered an “expert witness”, over the testimony of the officer. The judge will more than likely dismiss the case. Take a few pictures with you as evidence.
  4. You are trying to win the judge’s compassion, so be extremely polite and always address the judge as “Sir” or “Madam”, or “Your Honor”
  5. It is extremely important to be presentable. It’s a good idea to wear a suit and a tie. If all goes well, the judge will lessen the fine.
  6. Always remember that when you get a ticket, you are innocent until proven guilty. The onus lies on the Crown to prove to the judge that you are guilty of the offense beyond a reasonable doubt. The crown’s primary evidence to prove you are guilty will be the police officer’s testimony. The certification or a sworn statement signed by a licensed mechanic should be sufficient evidence to rebut the police officer’s testimony and establish your innocence, or at the very least create sufficient reasonable doubt of your guilt; the judge should dismiss the charges against you.
  7. Since the Crown’s primary evidence for the case is the police officer’s testimony, if that officer is not present when your trial starts, the judge may dismiss all charges against you.

COMMON SENSE

Tires are extremely important. They are the only vital contacts with the road that your vehicle makes. Always check the pressure of your tires to ensure that you follow the manufacturer’s recommended air pressure.

Bulges, knots and exposed cords are all strong indications that it’s time to change your tires. Rotating your tires periodically will help promote even tread wear if your tires. Fuel consumption and improved handling are all positive effects of maintaining your tires. The larger you go in rim and tire size, the less comfort you will experience.

THE PENALTY

Improper Tires
$90 + $20 surcharge

Improperly Installed Tires
$90 + $20 surcharge