Construction and Use Regulations - Important Update
Ten-year tyre ban in force from 1st February 2021
The Road Vehicles (Construction and Use) (Amendment) Regulations came into force on 1st February 2021, making it illegal to fit tyres aged 10 years and older in England, Scotland and Wales.
This applies to: front-steered axles of HGVs, buses, coaches, and all single wheels of minibuses (9-16 passenger seats).
Under the new regulations, drivers, owners and operators are responsible for ensuring tyres meet the news standards. Tyres must be date marked when fitted, and this must be clearly legible and kept maintained.
The DVSA is enforcing the new legislation at roadside checks, where tyres aged 10 years and older will result in the issue of an ‘S’ marked prohibition notice, along with vehicle annual tests.
The DVSA has revised its enforcement sanctions policy to reflect the new offences.
• £100 fixed penalty
• Endorsable points on the driver’s licence
• A possible prosecution for more than 1 endorsable offence
It is recommended that operators conduct a thorough check of all tyres, including spare tyres, and review tyre management policies. All drivers, workshop staff and tyre contractors must be made aware of the changes.
In addition to this, there has also been a temporary change to DVSA Enforcement Sanctions Policy, also effective for 1st February until further notice as follows:
This change will mean that drivers of vehicles that are 30% or more overweight will now receive a fixed penalty rather than a prosecution through the Court system. This change is supported by The Road Safety (Financial Penalty Deposit) (Appropriate Amount) Order 2009, Table 5, Section 41B Road Traffic Act 1988. It states that exceeding weight by 15% or more is a £300 fine level offence; it was a DVSA policy decision to prosecute when overweight is 30% or more.
GB operator licence holders will be reported via the Traffic Commissioners for appropriate regulatory action as per normal.
If you would like to find out more, please contact: David Munn
Further information can be found here