Explanatory note

These Regulations amend the Road Vehicles (Construction and Use) Regulations 1986 (“1986 Regulations”) by inserting regulation 25A which requires that tyres fitted to certain vehicles are marked with an S mark to show that they comply with the noise emission requirements of Directive 92/23/EEC as amended by Directive 2001/43/EC.

These Regulations implement Article 10a(5) of Council Directive 92/23/EEC of 31 March 1992 (OJ No. L129, 14.5.1992, p.95) as amended by Directive 2001/43/EC of the European Parliament and the Council of 27 June 2001 (OJ No. L211, 4.8.2001, p.25) (“Tyres Directive”) relating to tyres for motor vehicles and their trailers and to their fitting. In particular, Article 10a(5) prohibits the entry into service and sale of tyres that do not meet the requirements set out in Annex II and V of the Tyres Directive. Prohibitions on the entry into service and sale of tyres that fail to meet the EC type approval requirements in Annex II are already in place. These Regulations transpose the prohibition on the sale of tyres that do not comply with the noise emission requirements in Annex V. Regulation 25A places a construction and use requirement on replacement tyres ensuring that they are marked to show compliance with the requirements of the Tyres Directive. It is an offence to supply tyres that do not meet construction and use requirements by virtue of section 76 of the Road Traffic Act 1988, which is enforced under the Road Traffic Offenders Act 1988.

Regulation 3 inserts regulation 25A into the 1986 Regulations. Paragraph (1) of regulation 25A provides that replacement tyres for certain vehicles must be marked with an S mark to show that they comply with the requirements on noise emissions. Paragraph (2) delays the application of the S mark requirement for C1d and C1e tyres until 1st October 2010 and 1st October 2011 respectively. Paragraph (3) lists those tyres that are exempt from the requirements of paragraph (1). For the purpose of these Regulations, a replacement tyre is any tyre sold, or intended to be sold, on or after these Regulations come into force, or in the case of C1d and C1e tyres, sold or intend to be sold on or after the date from which these Regulations apply to them. This definition of a replacement tyre is included in paragraph (4) along with the other definitions.

Regulation 4 amends the Table 1 of the 1986 Regulations by adding Directive 2001/43/EC and amends Table 2 of the 1986 Regulations by adding UNECE Regulation 117.

European Directives may be downloaded without charge from the European Union Law Website (EURLEX): http://eur-lex.europa.eu/en/index.htm.

A transposition note setting out how these Regulations transpose the provisions of the Tyres Directive is available from Department for Transport, Great Minster House, 76 Marsham Street, London, SW1P 4DR, and is annexed to the Explanatory Memorandum which is available alongside this instrument on the OPSI website ( www.opsi.gov.uk). A impact assessment has been produced for this instrument but little or no impact on the private or voluntary sectors is foreseen.