Statutory Instruments
2010 No. 312
Road Traffic
The Road Vehicles (Construction and Use) (Amendment) Regulations 2010
Made
9th February 2010
Laid before Parliament
16th February 2010
Coming into force
23rd March 2010
The Secretary of State for Transport makes the following Regulations in exercise of the powers conferred by section 41(1), (2) and (5) of the Road Traffic Act 1988( 1 ).
Representative organisations have been consulted in accordance with section 195(2) of that Act.
Citation and commencement
1. These Regulations may be cited as the Road Vehicles (Construction and Use) (Amendment) Regulations 2010 and come into force on 23rd March 2010.
Amendment of Regulations
2.The Road Vehicles (Construction and Use) Regulations 1986( 2 ) are amended as follows.
Tyre Noise
3. After regulation 25, insert—
“ Tyre Noise
25A. —(1) Subject to paragraphs (2) and (3), any replacement tyre (not being a retreaded or part-worn tyre) must be marked with an S mark where it is to be fitted to an axle of—
(a) a passenger vehicle with 4 wheels or more,
(b) a goods vehicle,
(c) a dual-purpose vehicle, or
(d) a trailer constructed or adapted for use with a passenger vehicle, a goods vehicle or a dual-purpose vehicle.
(2) Paragraph (1) applies to—
(a) Class C1d tyres on or after 1st October 2010; and
(b) Class C1e tyres on or after 1st October 2011.
(3) Paragraph (1) does not apply to—
(a) tyres whose speed rating is less than 80 km/h;
(b) tyres whose nominal rim diameter does not exceed 254mm (code 10) or is 635mm (code 25) or more;
(c) T-type temporary-use spare tyres; or
(d) tyres designed only to be fitted to vehicles described in paragraph (1) that were registered for the first time before 1st October 1980.
(4) In this regulation—
“Class C1d tyre” means a tyre designed for a passenger vehicle with a nominal section width greater than 185mm but less than or equal to 215mm;
“Class C1e tyre” means a tyre designed for a passenger vehicle with a nominal section width greater than 215mm;
“nominal rim diameter” has the same meaning as in section 2.18 of Annex II of Community Directive 92/23;
“part-worn tyre” means a tyre that is not new when fitted;
“replacement tyre” means—
a Class C1d tyre sold, or intended to be sold, on or after 1st October 2010;
a Class C1e tyre sold, or intended to be sold, on or after 1st October 2011; or
any other tyre sold, or intended to be sold, on or after the date these Regulations come into force,
where that tyre replaces, or is intended to replace, a tyre fitted to the axle of any vehicle to which paragraph (1) applies.
“rim” has the same meaning as in section 2.19 of Annex II of Community Directive 92/23;
“S mark” means a designated approval mark of a description specified in item 30B of Schedule 2 or item 33 of Schedule 4 of the Approval Marks Regulations including the relevant suffix indicating conformity with the requirements on tyre noise emissions;
“section width” has the same meaning as in section 2.12 of Annex II of Community Directive 92/23; and
“T-type temporary-use spare tyre” has the same meaning as in section 2.3.6 of Annex II of Community Directive 92/23, and “temporary-use spare tyre” has the same meaning as in section 2.3.5 if Annex II of Community Directive 92/23. ” .
Amendment of Schedule 2
4. —(1) Schedule 2 shall be amended as follows.
(2) In Table 1—
(a) after item 82 insert—
“82A. | 2001/43 | 4.8.2001 | L211, 4.8.2001, p.25 | Tyres for motor vehicles and their trailers and to their fitting | 92/23 | ” |
(3) In Table 2—
(a) after item 28 add—
“29 | 117.01 | 117 | 6.4.2005 | Tyres – Rolling sound emissions and adhesion to wet surfaces | 2.2.2007 | — | —” |
Signed by authority of the Secretary of State
Sadiq Khan
Minister of State
Department for Transport
9th February 2010
1988 c.52 ; section 41 was amended by the Road Traffic Act 1991 (c.40) , sections 48 and 83, Schedule 4, paragraph 50 and Schedule 8.
S.I. 1986/1078 ; relevant amending instruments are 1987/676 , 1988/1524 , 1989/1478 , 1989/1695 , 1990/1131 , 1990/1981 , 1991/2003 , 1991/2710 , 1992/352 , 1992/646 , 1992/2016 , 1992/2137 , 1992/3088 , 1993/2199 , 1993/2946 , 1994/14 , 1994/3270 , 1995/551 , 1995/2210 , 1996/2064 , 1996/2329 , 1996/3017 , 1996/3033 , 1996/3133 , 1998/1188 , 1998/1281 , 1998/2429 , 2000/3197 , 2001/1043 , 2001/1825 , 2001/3208 , 2002/1474 , 2002/2126 , 2003/1690 , 2005/3165 , 2006/2565 , 2007/3132 , 2009/142 , 2009/2165 and 2009/2196 .