The Motor Vehicle Tyres (Safety) Regulations 1994

Explanatory Note

(This note is not part of the Regulations.)

1.  These Regulations are made under the Consumer Protection Act 1987 and the European Communities Act 1972. They replace the Motor Vehicles Tyres (Safety) Regulations 1984.

2.  These Regulations, unlike the 1984 Regulations, do not in terms require tyres to meet specified standards. They do, however, prohibit the supply of tyres that do not bear a mark indicating compliance with specified standards and also the supply of tyres that bear a mark that is false. The main changes made by these Regulations are as follows:

(a) the provisions in the Regulations relating to the supply of tyres that are neither retreaded nor part-worn cover a wider class of tyres including, in particular, motor cycle tyres;

(b) the Regulations prohibit the supply of a retreaded tyre (other than a part-worn tyre) if it bears a mark indicating compliance with specified ECE Regulations or Council Directive 92/23/EEC;

(c) new restrictions are imposed on the supply of part-worn tyres; and

(d) changes have been made to the exemptions.

3.  Regulation 3 modifies the Regulations in relation to Northern Ireland.

4.  Regulation 4 provides that no person shall supply any tyre (not being a retreaded or part-worn tyre) designed so as to be capable of being fitted to a wheel of a passenger car or light trailer unless it is marked in accordance with the provisions of the Regulations. The regulation requires a tyre to be marked in accordance with ECE Regulation 30 (as originally made or as amended), ECE Regulation 54 or Council Directive 92/23/EEC.

5.  Regulation 5 is in similar terms to regulation 4 but relates to motor cycles tyres. The markings have to be in accordance with ECE Regulation 30 (as originally made or as amended), ECE Regulation 54, ECE Regulation 75 or Council Directive 92/23/EEC.

6.  Regulation 6 provides that no person shall supply any retreaded tyre (not being a part-worn tyre) designed so as to be capable of being fitted to a wheel of a passenger car, commercial vehicle or trailer unless the requirements of the regulation are met. The first requirement is that the tyre must not bear any marks indicating that it complies with ECE Regulation 30 (as originally made or as amended), ECE Regulation 54 or with Council Directive 92/23/EEC. The second requirement is that the tyre must be marked in accordance with paragraph 6 of “The British Standard Automobile Series: Specification for retreaded car and commercial vehicle tyres” published by the British Standards Institution on 30 September 1988 as amended by Amendment No. 1 published on the 31 August 1990 and by Amendment No. 2 published on 15 December 1992. The third requirement applies to a tyre that has been repaired during the course of retreading. The requirement is that in such a case it must have been properly repaired.

7.  Regulation 7 provides that no person shall supply a part-worn tyre (not being a retreaded tyre) designed so as to be capable of being fitted to a wheel of a motor vehicle or trailer or any part-worn retreaded tyre designed so as to be capable of being fitted to a wheel of a passenger car, commercial vehicle or trailer unless the requirements of the regulation are met. The regulation imposes various requirements relating to the condition of a tyre. There are also requirements relating to the marking of a tyre.

8.  Regulations 8, 9 and 10 exempt certain tyres from the provisions of regulations 4 to 7.

9.  Regulation 11 contains transitional exemptions.

10.  Regulation 12 contains provisions relating to misleading marks.

11.  Regulation 13 makes provision for standards which are equivalent to the British Standards referred to in the Regulations. This provision implements obligations under Article 30 of the EEC Treaty.

12.  A compliance cost assessment has been prepared and copies can be obtained from the Department of Transport, Room C19/08, 2 Marsham Street, London SW1P 3EB. A copy has been placed in the library of each House of Parliament.

13.  Copies of Council Directive 92/23/EEC and of the ECE Regulations can be obtained from Her Majesty’s Stationery Office. Copies of the British Standards can be obtained from the British Standards Institution, Sales Department, Linford Wood, Milton Keynes MK14 6LE (telephone [phone]).