NZ Road Code Car Test study materials
NZ Road Code Car Test study resources

Expired WoF, bald tyre, brake warning light and an unsecured load

NZ Road Code Car Test · Put your knowledge to work in context.

All case studies

Expired WoF, bald tyre, brake warning light and an unsecured load

Your flatmate asks you to drive their 2008 hatchback to the recycling centre, about 12 km away. The car is loaded with boxes and an old cabinet; the rear seats are folded and the load is not tied. The WoF label on the windscreen expired 11 days ago. The right rear tyre has 1.2 mm of tread across the centre and a bulge on the inner sidewall. After you release the handbrake, a red brake warning light stays on. Your flatmate says the car 'just needs a new warrant' and that the light has been on for weeks. The registration is current. It is a fine, dry day.

1. List the defects and legal problems, and say which ones make the car unsafe to drive even to the recycling centre.

Read the worked answer

There are several separate problems. The WoF expired 11 days ago, so driving on the road is unlawful except in limited circumstances, and the car has not been independently checked for roadworthiness. The right rear tyre is below the legal minimum tread depth for a car, which is 1.5 mm across three-quarters of the tread width around the whole circumference; 1.2 mm is illegal. The sidewall bulge is structural damage and makes the tyre unsafe, regardless of tread. The red brake warning light staying on after the handbrake is released points to a brake system fault, not just a reminder. The load is unsecured and may move under braking or block your view. Current registration does not fix any of these. The tyre, brake light and unsecured load make the car unsafe to drive even the short distance to the recycling centre.

2. What should you do before the car moves? Include the order of actions.

Read the worked answer

Do not drive the car. First, remove or secure the load properly so it cannot move or obstruct your view, but do not use the car to test whether the load is secure. Second, treat the tyre as unfit: a bulge means the tyre should be replaced, not just inflated. Third, investigate the brake warning light; because it stays on with the handbrake released, assume a brake fault until a mechanic confirms otherwise. Fourth, deal with the expired WoF: book a WoF inspection, but the car should be repaired first and may need to be towed or driven only as the law allows for a booked inspection. The practical order is: stop, unload or secure, replace the tyre, diagnose the brakes, then get the WoF. Use another vehicle or a trailer for the recycling run.

3. If you drove it and were stopped, what offences could apply and what insurance risk follows?

Read the worked answer

Driving without a current WoF is an offence. Driving with a tyre below the legal tread depth is an offence, and the sidewall bulge supports a charge of using an unsafe vehicle. An unsecured load that could fall or shift can breach load-securing rules. A known brake defect could support a careless or dangerous driving charge if the driving created a risk. The insurance risk is separate from the police penalty: insurers can decline a claim if the vehicle was not roadworthy, had an expired WoF, or was being driven with known defects. That means your flatmate could be liable personally for damage to the car, the load, other vehicles or property. The correct decision is not to drive; the fact that the trip is short and the day is fine does not cure the defects.