Tyres Over 10 Years Old on Heavy Vehicles to be Banned From February 2021
From 1st February 2021, tyres over 10 years old on the front axles of lorries, buses, coaches and all single wheels of minibuses (9 to 16 passenger seats) will be banned. The Driver & Vehicle Standards Agency (DVSA) will be enforcing the new legislation at roadside checks as well as the vehicle annual test, therefore it is crucial businesses & drivers affected by this change in law have up to date tyre management systems before 1st Feb 2021.
As a starting point we urge operators and drivers to review the updated ‘Guide to Maintaining Roadworthiness’ which includes the change in the Construction & Use Regulations for rules relating to tyres aged over 10 years old and manufacturer date codes.
As a starting point we urge operators and drivers to review the updated ‘Guide to Maintaining Roadworthiness’ which includes the change in the Construction & Use Regulations for rules relating to tyres aged over 10 years old and manufacturer date codes.
Consequences of Using Banned Tyres
If tyres over 10 years old are used on a heavy vehicle (as specified above) and this is identified at an annual test, then this would attract a dangerous fail and a prohibition. If the use of the banned tyres is identified at a DVSA enforcement check then the use of such tyres will be deemed dangerous and attract an ‘S’ marked immediate prohibition notice.
Requirement for Manufacturer's Date Code to be Legible
The manufacturer’s date code will need to be legible on all tyres fitted to HGV’s, trailers over 3.5 tonnes, buses, coaches, and minibuses. For retread tyres the manufacturer date is taken from when the retread was completed.
The absence of a legible manufacture date code on tyres fitted to the front steered axle of HGVs, buses, coaches or single wheels fitted to a minibus will fail the annual test. If this is identified at a DVSA enforcement check then a delayed prohibition will be issued. Bear in mind if there are also clear indications of deterioration of the tyre the action will be increased to an ‘S’ marked immediate prohibition notice.
On other wheel positions if the manufacturer date code is not legible this will be an offence and a minor fail result will be noted at annual test. This result would not preclude a pass certificate being issued but there would be a presumption the tyre would be replaced. If this issue is spotted at an enforcement check an inspection notice would be issued and similarly there would be a presumption the tyre would be replaced.
The absence of a legible manufacture date code on tyres fitted to the front steered axle of HGVs, buses, coaches or single wheels fitted to a minibus will fail the annual test. If this is identified at a DVSA enforcement check then a delayed prohibition will be issued. Bear in mind if there are also clear indications of deterioration of the tyre the action will be increased to an ‘S’ marked immediate prohibition notice.
On other wheel positions if the manufacturer date code is not legible this will be an offence and a minor fail result will be noted at annual test. This result would not preclude a pass certificate being issued but there would be a presumption the tyre would be replaced. If this issue is spotted at an enforcement check an inspection notice would be issued and similarly there would be a presumption the tyre would be replaced.
Importance of Adequate Tyre Management System
Regarding the use of tyres over 10 years old on other wheel positions it is imperative the operator ensures there is an adequate tyre management system and they regularly assess the risks linked with using old tyres, even if the tyres are legally allowed to be used. Practical steps include recording the age of tyres & carrying out specific risk assessments taking into account the distance, speed and loading conditions that the vehicle will undergo.
Non-commercial vehicles aged 40 years and older are exempt from these requirements, but tyres of all ages should be regularly assessed by a competent person.
Non-commercial vehicles aged 40 years and older are exempt from these requirements, but tyres of all ages should be regularly assessed by a competent person.
Reporting to the Traffic Commissioner
If an operator is discovered using a tyre more than 10 years old or without a date code, which attracts an ‘S’ marked prohibition notice the DVSA has stated they would follow this up with the operator first.
If the operator cannot demonstrate an adequate tyre management system, the DVSA will consider referring them to the Traffic Commissioner.
If the operator cannot demonstrate an adequate tyre management system, the DVSA will consider referring them to the Traffic Commissioner.
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This is an alternative to our standard retainer system and offers clients an opportunity to obtain advice where the cost is pre-determined for the whole year. This arrangement would suit clients who may from time to time need to seek legal advice but may hold off preferring a ‘wait and see’ approach.
In our experience, early intervention can reduce the risk of the situation escalating as we can give advice and guidance that nips regulatory issues in the bud before they develop into something far worse. We also strongly recommend our clients consider taking out legal expenses insurance to cover investigations and prosecutions brought by regulators.
DyneProtect© has teamed up with Butcher & Barlow solicitors to provide DyneProtect© clients access to a specialist team of corporate and commercial lawyers for up to 1 hours’ worth of free telephone advice/legal consultation.
Butcher & Barlow have a dedicated commercial and agricultural hub on Gadbrook Park in Northwich which provides advice and assistance to a host of business clients in specialist areas such as Corporate and Commercial Law, Commercial Property, Private Client and Agriculture.
If you have a corporate or commercial issue which Dyne Solicitors is unable to handle, then Butcher & Barlow’s Commercial team will certainly be able to step in and assist.
DyneProtect© has also negotiated price reductions on OLAT / Driver CPC courses run by training providers KP Legal Limited who are offering discounts to DyneProtect© clients on Operator Licensing Awareness / Compliance training (-20%) and Periodic Driver CPC training (-10%).
