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Tire size gets you out of speeding ticket!

beds

New member
I just picked up a used Caravan and the previous owner had swapped the 14" wheels for 15". Fine. Took it in for the safety certification. No problems. Now I realize once I had taken it on the highway that the speedometer/odometer readings must be all messed up because of the tire size. I was going about 115 km/h and was travelling at the speed of traffic, which is generally 125 km/h. A cop buddy said that I definitely have a case and can't see how I could be convicted of speeding.

I can understand if you swap out your wheels yourself that you should be liable because there are warnings in the owner's manual, but if you buy a certified vehicle, as was my case, the certification should require that the original sized tires be on the vehicle.
 
Here in the USA, ignorance is no excuse for criminal activity. In fact, I know officers who pull people over for speeding because they are speeding AND they have changed their tire/rim size just to hear the excuses that these people give for their speeding. Of course, those same officers go back to the donut shop for more "power rings" :whistle: and to chuckle with their buddies.
 
B_Skurka said:
Here in the USA, ignorance is no excuse for criminal activity. In fact, I know officers who pull people over for speeding because they are speeding AND they have changed their tire/rim size just to hear the excuses that these people give for their speeding. Of course, those same officers go back to the donut shop for more "power rings" :whistle: and to chuckle with their buddies.

So, if I buy a brand new vehicle, can I be assured that the speedometer/odometer are accurate? If not, and it is buyer beware and recalibrate your speedometer/odometer post-purchase, then I agree with you. Frankly, that seems to me the only thing that could be enforced. Tire size is not part of the VIN encoding. OEM dealerships swap out tires for bigger sizes pre-purchase. Still doesn't sit well with me - purchase a certified vehicle and the speedometer isn't accurate.
 
beds said:
So, if I buy a brand new vehicle, can I be assured that the speedometer/odometer are accurate? If not, and it is buyer beware and recalibrate your speedometer/odometer post-purchase, then I agree with you. Frankly, that seems to me the only thing that could be enforced. Tire size is not part of the VIN encoding. OEM dealerships swap out tires for bigger sizes pre-purchase. Still doesn't sit well with me - purchase a certified vehicle and the speedometer isn't accurate.

I think the problem is you are assuming that a "certified" used vehicle is "certified to be correct". It's not. I always think of it as a marketing gimmick, and they are only "certifying" that it is indeed a used car. At the absolute best case, if the spedometer was defective, you might be able to have the spedo replaced under warrantee....but any fines and penalties are still your problem.
 
DaveNay said:
...but any fines and penalties are still your problem.
Many years ago I did get a speeding ticket at a speed I didn't think was correct. I had the speedo checked and it was found to be off by 10mph (and I was using the correct sized tires). I went before the judge who did lower it some but still gave me a ticket.
 
You can get your Speedo re-calibrated. I don't think it is a big deal.

Or just stay close to the speed limit and pray for good luck.

PB
 
Usually around here the ticket will stand up in court unless you have taken your vehicle to the shop and found the speedometer to be incorrect. Then of course you had to have it re-calibrated as well :D
 
beds said:
So, if I buy a brand new vehicle, can I be assured that the speedometer/odometer are accurate?...

As I recall, several years ago one of the major US auto makers produced cars with speedometers which read low. From what I heard, many owners still had to pay fines. As Bob said, ignorance is not an acceptable excuse.
 
ghautz said:
As I recall, several years ago one of the major US auto makers produced cars with speedometers which read low. From what I heard, many owners still had to pay fines. As Bob said, ignorance is not an acceptable excuse.

I would think that the degree of speeding would come into play here. If the speedometer reads low by 10 MPH and you can prove that you have learned about this error only after receiving the summons, along with the fact that you were going only 10 MPH over the speed limit, I don't think that they would hold you responsible for that one time. Your previous driving record would also come into play. If a manufacturer produces a vehicle with a known defect of speedometer error that will cause people to exceed the posted speed limits, then I believe that the manufacturer would be forced into a recall. If the error is on the high side, and you are actually going less than what the speedometer says, I don't think that would trigger a recall. Police vehicles have "certified" speedometers, but even they are regularly checked. Problem is that the radar units are calibrated by driving the police vehicle through the radar at a fixed speed and then calibrated to that vehicle. They also use the same radar set up to "check" the other vehicles "certified" speedometers. In the end, they have a jumble of misinformation. This is why most departments will give you a 5 to 10 MPH grace zone. Over that grace zone, you are ticketed. Even when you receive a ticket for speeding, the officer usually makes a note of the "actual" clocked speed, and issues it for a 10 MPH less violation. This is to counter the effect of "error" in the unit that was used to judged your speed. I do know of small "hick" towns that don't use that method, and more than 50% of their summons are usually kicked out when people go for a hearing (in MA). If the summons is for 10 MPH or less over the speed limit, you are afforded the benefit of doubt. There are too many variables to push the small violations, when the large violations are a lot easier to prove. Even then, radar units do have their faults, so they are worth fighting if you have the know how and ambition.. Junk...
 
If you're in a vehicle you're not familiar with, why not take the time to clock yourself with the mileposts. Remember, spedos work on ratios, so if you're 10 mph off at 60 mph, you won't be 10 off at 70. I once bought a pickup that had the rear end changed out for one of lower ratio. When the spedo read 45, I was doing 60. I made the calculations for the popular speed limits, 25 mph, 35, 40, 55, 65. and had a slip of paper handy with what the needle should read for whatever speed limit I was travelling under. Worked dandy!! My spedo was 25 percent off. I radar-checked it in a 35 mph speed zone and the cop with the gun had me less than 1 mph in error.
 
As I understand, speeding is a strict liability offense. Usually crimes require 2 things: mens rea (bad intent); and actus reus (bad act). Intent (or lack thereof) is not a defense to strict liability offenses.
 
B_Skurka said:
Here in the USA, ignorance is no excuse for criminal activity. In fact, I know officers who pull people over for speeding because they are speeding AND they have changed their tire/rim size just to hear the excuses that these people give for their speeding. Of course, those same officers go back to the donut shop for more "power rings" :whistle: and to chuckle with their buddies.

Are you talking about Bird ?:D
 
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