The Motor Vehicle Tyres (Safety) Regulations 1994

Misleading marks

12.—(1) No person shall supply a tyre designed so as to be capable of being fitted to a wheel of a motor vehicle or trailer if it bears—

(a) an approval mark;

(b) any mark not falling within sub-paragraph (a) which is of a description specified in any standard (including a British Standard Specification), technical specification or code of practice relating (in each case) to retreaded tyres and which indicates compliance with the requirements of that instrument; or

(c) any mark referred to in regulation 8(1)(d) of these Regulations,

and any indication given by that mark taken by itself or that mark as read with any other mark on the tyre is false.

(2) Where—

(a) a person supplies a tyre (not being a retreaded tyre) which bears a mark falling within paragraph (1)(a) or supplies a retreaded tyre which bears a mark falling within paragraph (1)(b); and

(b) the tyre is not part-worn,

the indications given by the mark shall be deemed, for the purposes of this regulation only, to include an indication that the tyre complied at the time of manufacture (in the case of a tyre that is not a retreaded tyre), or at the time of retreading (in the case of a retreaded tyre), and (in either case) at the time of supply, with the requirements of the instrument to which the mark relates.

(3) Where—

(a) a person supplies a tyre (not being a retreaded tyre) which bears a mark falling within paragraph (1)(a) or supplies a retreaded tyre which bears a mark falling within paragraph (1)(b); and

(b) the tyre is part-worn and is marked in accordance with regulation 7(6)(b) or (8)(c) as the case may be,

the indications given by the mark referred to in sub-paragraph (a) shall be deemed, for the purposes of this regulation only, to include an indication that the tyre complied at the time of manufacture (in the case of a tyre that is not a retreaded tyre), or at the time of retreading (in the case of a retreaded tyre), with the requirements of the instrument to which the mark relates, but does not (in either case) necessarily so comply at the time of supply.

(4) A mark which so nearly resembles a mark falling within paragraph (1)(a), (b) or (c) as to be likely to be taken for such a mark shall be treated for the purposes of this regulation only as if it were a mark of the kind which it so resembles.