Retreaded and Part Worn Tyres Proposed amendment to the Motor Vehicle Tyres (Safety) Regulations 1994

9th, January 2009

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Last year the Department consulted on proposals to amend the Motor Vehicles Tyres (Safety) Regulations 1994. Statutory Instrument 2003 No.1316 was laid before Parliament on 16 May 2003. The Motor Vehicle Tyres (Safety) (Amendment) Regulations 2003 will come into force on 1 January 2004

We are now proposing a further amendment which is needed to correct an error which will be introduced by this amendment and I am writing to ask for your comments on the attached draft Statutory Instrument.

Background

The supply and sale of tyres, including retreaded and part worn tyres, is regulated under the Consumer Protection Act by The Motor Vehicle Tyres (Safety) Regulations 1994. The Motor Vehicle Tyres (Safety) (Amendment) Regulations 2003, which will come into force on 1 January 2004, will:

  • introduce a requirement for retreaded tyres to be type approved to UNECE regulations 108 and 109;
  • introduce minimum standards for retreaded motorcycle tyres;
  • make editorial changes to align the definition of vehicles with European Community definitions.

Unfortunately, these amending regulations contained an error relating to the supply of part-worn tyres.

Regulations 7(6)(a) and 7(7) of the 1994 Regulations require a part worn tyre that has not been retreaded to bear the original approval mark as well as the speed category symbol and load-capacity index that were moulded on to or into the tyre at the time it was manufactured. However, due to a drafting error, regulation 7(5) of the amending regulations will only require the tyre to show the speed category symbol and load-capacity index.

Unless a further amendment is introduced, it will become legal from 1 January 2004 to supply part worn tyres which were not subject to approval when new and which therefore may not conform to relevant safety standards. It may encourage the importation and dumping of non-conforming tyres for sale as part worn.

Proposed further amendment

To further amend the Motor Vehicle Tyres (Safety) Regulations 1994 in order to reinstate the requirement for a part worn tyre that has not been retreaded to show the original approval mark.

As this additional amendment will not introduce any new requirements and needs to be in force by no later than 1 January 2004, to coincide with the existing amendment, the consultation period is shorter than usual.

A copy of the draft regulations is enclosed, together with a list of those consulted. No regulatory impact assessment has been carried out, as there are no new requirements.

Please send any comments you wish to make, in writing, to Mrs Catharine Parton at the above address (e-mail: catharine.parton@dft.gsi.gov.uk) by 17 September 2003. Please note that we may be asked to make public the contents of the replies that we receive. When you send in your reply could you therefore please say if you do not want us to make a copy of it available if we are requested to do so.

Although the consultation period is shorter than the standard twelve weeks, the consultation is otherwise in accordance with the Cabinet Office Code of Practice on Written Consultation, a copy of which is attached. If you have any complaints or comments about the consultation process, please contact the DfT consultation co-ordinator: Andrew Price, 4/12, Great Minster House, 76 Marsham Street, London SW1P4DR (e-mail: AndrewDPrice@dft.gsi.gov.uk).


     
Background

The supply and sale of tyres, including retreaded and part worn tyres, is regulated under the Consumer Protection Act by The Motor Vehicle Tyres (Safety) Regulations 1994. The Motor Vehicle Tyres (Safety) (Amendment) Regulations 2003, which will come into force on 1 January 2004, will:

  • introduce a requirement for retreaded tyres to be type approved to UNECE regulations 108 and 109;
  • introduce minimum standards for retreaded motorcycle tyres;
  • make editorial changes to align the definition of vehicles with European Community definitions.

Unfortunately, these amending regulations contained an error relating to the supply of part-worn tyres.

Regulations 7(6)(a) and 7(7) of the 1994 Regulations require a part worn tyre that has not been retreaded to bear the original approval mark as well as the speed category symbol and load-capacity index that were moulded on to or into the tyre at the time it was manufactured. However, due to a drafting error, regulation 7(5) of the amending regulations will only require the tyre to show the speed category symbol and load-capacity index.

Unless a further amendment is introduced, it will become legal from 1 January 2004 to supply part worn tyres which were not subject to approval when new and which therefore may not conform to relevant safety standards. It may encourage the importation and dumping of non-conforming tyres for sale as part worn.

Proposed further amendment

To further amend the Motor Vehicle Tyres (Safety) Regulations 1994 in order to reinstate the requirement for a part worn tyre that has not been retreaded to show the original approval mark.

As this additional amendment will not introduce any new requirements and needs to be in force by no later than 1 January 2004, to coincide with the existing amendment, the consultation period is shorter than usual.

A copy of the draft regulations is enclosed, together with a list of those consulted. No regulatory impact assessment has been carried out, as there are no new requirements.

Please send any comments you wish to make, in writing, to Mrs Catharine Parton at the above address (e-mail: catharine.parton@dft.gsi.gov.uk) by 17 September 2003. Please note that we may be asked to make public the contents of the replies that we receive. When you send in your reply could you therefore please say if you do not want us to make a copy of it available if we are requested to do so.

Although the consultation period is shorter than the standard twelve weeks, the consultation is otherwise in accordance with the Cabinet Office Code of Practice on Written Consultation, a copy of which is attached. If you have any complaints or comments about the consultation process, please contact the DfT consultation co-ordinator: Andrew Price, 4/12, Great Minster House, 76 Marsham Street, London SW1P4DR (e-mail: AndrewDPrice@dft.gsi.gov.uk).


     

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