Spare Tyre Poll

[id5]

Originally Posted by GreenBrick

Don't forget it is illegal to change a tyre (in fact do any work on a car) on the motorway hardshoulder. ....

It may not be advisable but it is not illegal.


The traffic wombles may not want you to change it without their involvement, they have to justify their time, and the rescue firms use that line as scare tactics to try and get a sale, but the longer the car is there the greater the chance of an accident. Fix it and move on unless visibility is bad and you do not have a lookout to pull you out of the way in case of danger, in that case call the wombles on the emergency phone, wait for them to come and cone off then fix it. IIRC they can't charge you for that service yet, but I am sure that it will not be far away before they do.

[RoyMacDonald]

Originally Posted by id5

It may not be advisable but it is not illegal.


The traffic wombles may not want you to change it without their involvement, they have to justify their time, and the rescue firms use that line as scare tactics to try and get a sale, but the longer the car is there the greater the chance of an accident. Fix it and move on unless visibility is bad and you do not have a lookout to pull you out of the way in case of danger, in that case call the wombles on the emergency phone, wait for them to come and cone off then fix it. IIRC they can't charge you for that service yet, but I am sure that it will not be far away before they do.

I looked at the legislation and it implies it is illegal in that repairs of any kind are not listed as being legal. All the legal items are listed. The Highway Code says do not attempt even simple repairs. I'm guessing it is down to the police to interpret.

If you have seen some of the videos I have of cars being crashed into on the hard shoulder I'd say leave the car on the hard shoulder and get off the hard shoulder onto the verge, about 30 ft back and wait for the emergency services. And never turn your back on the traffic flow even if you have to walk backwards. (that's the advice the police are given)

[id5]

Originally Posted by id5

.... the longer the car is there the greater the chance of an accident. Fix it and move on unless visibility is bad and you do not have a lookout to pull you out of the way in case of danger, in that case call the wombles on the emergency phone, wait for them ....

Originally Posted by RoyMacDonald

I looked at the legislation and it implies it is illegal in that repairs of any kind are not listed as being legal. All the legal items are listed. The Highway Code says do not attempt even simple repairs. I'm guessing it is down to the police to interpret.

...

Where in the legislation does it say that it is illegal or even implies it?

It is not in The Motorway Traffic (England and Wales) Regulations 1982. That is the law that is behind the advice given in the Highway Code Rule 275 that states "do not put yourself in danger by attempting even simple repairs". It does not say it is illegal to repair it, it says do not put yourself in danger when doing so.

[RoyMacDonald]

Originally Posted by id5

Where in the legislation does it say that it is illegal or even implies it?

It is not in The Motorway Traffic (England and Wales) Regulations 1982. That is the law that is behind the advice given in the Highway Code Rule 275 that states "do not put yourself in danger by attempting even simple repairs". It does not say it is illegal to repair it, it says do not put yourself in danger when doing so.

It's implied in that it lists what is legal and car repairs are not listed, only the recovery of vehicles amongst the things you can do. I don't know why they have chosen to word the legislation like they have as it seems to be open to misinterpretation until it's challenged in court.

[id5]

Originally Posted by RoyMacDonald

It's implied in that it lists what is legal and car repairs are not listed, only the recovery of vehicles amongst the things you can do. I don't know why they have chosen to word the legislation like they have as it seems to be open to misinterpretation until it's challenged in court.

The law does not list everything that is legal, only what is illegal.

To be implied or even open to misinterpretation the limitation of repairs on the hard shoulder of a motorway needs to be mentioned in the Regulations and they are not therefore what you suggest is impossible.

[RoyMacDonald]

Originally Posted by id5

The law does not list everything that is legal, only what is illegal.

To be implied or even open to misinterpretation the limitation of repairs on the hard shoulder of a motorway needs to be mentioned in the Regulations and they are not therefore what you suggest is impossible.

The law says it is illegal to stop on the hard shoulder.

Then it lists a series of exemptions non of which include any form of repair.

From this it seems to me that the Police are using their discretion as to whether anyone gets charged with an offence or not if they choose to do repairs on the motorway rather than call the emergency services for removal, which is legal.

[id5]

Originally Posted by RoyMacDonald

The law says it is illegal to stop on the hard shoulder.

Then it lists a series of exemptions non of which include any form of repair.
...

To make things easier for you I have written out Section 7 or the Regulation

Section 7
2. Where it is necessary for a vehicle which is being driven on a carriageway to be stopped while it is on a motorway-
(a) by reason of a breakdown or mechanical defect or lack of fuel, oil or water, required for the vehicle; or
(b) by reason of any accident, illness or other emergency; or
(c) to permit any person carried in or on the vehicle to give help which is required by any other person in any of the circumstances specified in the foregoing provisions of this paragraph.
the vehicle shall, as soon and in so far as is reasonably practicable, be driven or moved off the carriageway on to, and may stop and remain at rest on, any hard shoulder which is contiguous to that carriageway.
3. (a) A vehicle which is at rest on a hard shoulder shall so far as is reasonably practicable be allowed to remain at rest on that hard shoulder in such a position only that no part of it or the load carried thereby shall obstruct or be a cause of danger to vehicles using the carriageway.
(b) A vehicle shall not remain at rest on a hard shoulder for longer than is necessary in the circumstances or for the purposes specified in paragraph 2 or this Regulation.


It only lists the reasons why you can stop, it does not list what you can or cannot do to the vehicle when it has stopped.

There is no implied that repairs are illegal.

[RoyMacDonald]

Originally Posted by id5

To make things easier for you I have written out Section 7 or the Regulation

Section 7
2. Where it is necessary for a vehicle which is being driven on a carriageway to be stopped while it is on a motorway-
(a) by reason of a breakdown or mechanical defect or lack of fuel, oil or water, required for the vehicle; or
(b) by reason of any accident, illness or other emergency; or
(c) to permit any person carried in or on the vehicle to give help which is required by any other person in any of the circumstances specified in the foregoing provisions of this paragraph.
the vehicle shall, as soon and in so far as is reasonably practicable, be driven or moved off the carriageway on to, and may stop and remain at rest on, any hard shoulder which is contiguous to that carriageway.
3. (a) A vehicle which is at rest on a hard shoulder shall so far as is reasonably practicable be allowed to remain at rest on that hard shoulder in such a position only that no part of it or the load carried thereby shall obstruct or be a cause of danger to vehicles using the carriageway.
(b) A vehicle shall not remain at rest on a hard shoulder for longer than is necessary in the circumstances or for the purposes specified in paragraph 2 or this Regulation.


It only lists the reasons why you can stop, it does not list what you can or cannot do to the vehicle when it has stopped.

There is no implied that repairs are illegal.

OR legal

It only states that you may stop on the hard shoulder if you break down. It says nothing about doing a repair on the hard shoulder.

Browsing the net indicates that the Police do not issue fines for stopping to change a tyre as I only found one tyre related hard shoulder fine.

Most likely thing is to be killed or seriously injured. Typically 15 deaths and 42 serious injuries per year. AA seem to prefer to move the car and repair the tyre in a service station. One repair company said you need to have a permit to work on a car on the motorway hard shoulder.

Tyre repair van attempt to change tyre.

[muffking]

I opted for a space saver after getting a blow out last week in the wife's car. I managed to limp off a dual carriageway onto an exit slip road and waited 2 hours for the RAC to pick me up.

Now the V60 carries a 16"space saver + tools, and the wife's car now carries a 17"space saver + tools as I really don't want to have another 2 wait if I can move off to a safe place even if I destroy the tyre trying.

[id5]

Originally Posted by RoyMacDonald

OR legal

It only states that you may stop on the hard shoulder if you break down. It says nothing about doing a repair on the hard shoulder.
...

By your interpretation that means that nobody cannot legally perform a recovery of a vehicle either as that is not mentioned in the regulation, and the motorways are not littered with broken down cars so therefore....