Quick one and could do with some advice beyond the usual ‘grab your pitchforks’ i am currently getting
One of my wagons got a random tug yesterday. Found no defects at all on the vehicle, however there was 1 tyre nearing the end of life - it was due to be replaced this bank holiday weekend believe it or not!
DVSA officer claimed that there was a large deep cut in the tyre nearing end of life and marked it up due to exposed cord, issued a roadside prohibition and gave us 1 hour to get the tyre changed with the threat of vehicle being impounded if not changed in the time frame.
Luckily we met the timeframe and had the tyre changed, however I asked my driver to send me a video and some images of the tyre and low and behold there were no deep cuts or gashes in the area marked! Some small cuts but in the video I asked him to pull them apart with a screwdriver incase you could see cord exposed inside.
Now, I have been told that i can appeal and complain regarding this (i’m not happy, approx 1hr 30 late to tip and had to pay a call out fee and purchase a new tyre from supplier closeby as we couldn’'t get out to him in the timeframe) and there may be a potential on it effecting our OCRS score?
This is what the PG9 stated
‘deep cut in tyre and cord or cords exposed offside, outer axle 2, BARUM, 295/80 R22.5, 61###############, Driver shown defect and agrees’
My driver did not sign anything or agree to anything, he also said the DVSA officer verbally commented it was not a maintenance failure but result of random failure.
Severity is marked as I
Never had any issues with DVSA stops and have been green since incorporation 10 years ago.
Any thoughts?
Has the casing been saved? can you collect it? The tyre company attending will have an opinion about its legality. You don’t have to rely on their perhaps negative opinion but If they agree the tyre is OK then either collect the casing and get your local supplier to contact the manufacturer’s rep, or ask the call out company to do so. Get a manfacturer’s expert opinion and if they back you up challenge the DVSA. If you are right stick to your guns. It doesn’t matter what the DVSA claim about driver agreement or not. You have the casing serial number it can’t miraculously get in better condition than when on the vehicle. It is quite common when digging around in a tyre cut to hear a scraping noise, or see something shiny, and assume it is caused by exposed cords when in fact it is broken glass or stones which are visible or making the noise.
HGV Testers Manual 2018 Section 8 ‘Condition of Tyres’ … Cuts
“The following criteria should be used when assessing a cut in a tyre: 1. Any ply or cord that can be seen without touching the tyre would be a deficiency under 1c. 2. If by folding back rubber or opening a cut with a blunt instrument, so as not to cause further damage, exposed ply or cord can be seen irrespective of the size of the cut this would also be a deficiency under 1c. 3. If a cut which is more than 25mm or 10% of the section width whichever is the greater, is opened with a blunt instrument and cords can be felt but not seen this would be a deficiency under 1a. Before failing a cut as listed in 3 above, you must ensure that it is definitely the cords that are felt and not a foreign object.”
I would say if you going to appeal, the first thing your going to need the old tyre back.
Did the examiner chalk or crayon what he says is the defect?
As Cav551 says you`ll need an expert to look at it and provide a statement to say it was not defective.