The change in legislation stems from a Department for Transport consultation that was carried following two fatal crashes where the age of the tyre was deemed to be the contributory factor.
From 1 February 2021, it will be illegal to fit tyres that are 10 years or older to front steered axle or axles of goods vehicles with a gross mass of more than 3.5 tonnes. The ban also applies to buses and coaches.
Where minibuses are concerned, it will also be illegal to fit tyres aged more than 10 years old, but this also includes the rear axle unless equipped with twin tyres.
There are exemptions for the following:
defined as being of historical interest, providing they are not used for commercial purpose
To be able to prove the age of the tyre, there is a requirement for the manufacture date of the tyre (Date code), which is printed on the side wall to remain legible on all tyres.
If we look at re-treaded tyres, they are also subject to the same requirement as first life tyres. When tyres are re-treaded, they have the re-tread date printed on the tyre. The re-tread date will be used to determine the tyre age.
The Road Vehicles (Construction and Use) have also been amended to reflect the changes. As stated on GOV.UK, the Road Vehicles (Construction and Use) (Amendment) Regulations 2020, introduced new requirements that ban the use of tyres aged more than 10 years on certain vehicles.
What are the requirements for annual test?
Tyres with a manufacture date code more than 10 years of age fitted to any front (steering) axle(s) of a goods vehicles over 3,500kg DGVW, minibuses, large buses, and coaches found at annual test, will be a failure and classed as a dangerous defect.
With reference to the date/date stamp – where the date is missing or illegible this will be a fail and major defect.
For any tyres in use more than 10 years of age in other positions on the vehicle or trailer, an advisory notice will be issued and the relevant test documentation.
For tyres in use with a date/date stamp missing or illegible other than front (steering) axle(s) or any single wheel fitment on a minibus, this is an offence, so minor deficiency action will be taken. DVSA will expect the tyre to be replaced at the earliest opportunity.
What about roadside enforcement?
Regarding a roadside stop, Categorisation of defects has also been updated.
A tyre with a manufacture date code more than 10 years of age in use on any front (steering) axle(s) of a goods vehicles over 3,500kg DGVW, minibuses, large buses, and coaches will result in an immediate prohibition being issued. This will also apply to tyres fitted to the rear axle of a minibus if it employs a single wheel fitment.
A missing or illegible tyre wall date will be a delayed prohibition.
For any tyres in use more than 10 years of age in other positions on the vehicle, an advisory/inspection notice will be issued. A missing or illegible date will again be an advisory/inspection notice.
Reasons for S marking are determined where a long-standing defect should have been detected and repaired at the last safety check or poor workmanship should have been apparent to the repairer.
An ‘S’ marked endorsement on the prohibition will automatically generate a follow up with the operator.
Where there is a twin wheel fitment, as the tyre date is only required to be marked on one side wall of the tyre, if the tyre age cannot be established on a twin wheel fitment this will result in an inspection notice being issued which will be endorsed accordingly, ‘Tyre manufacture date code is not visible during the inspection’, the tyre location and details of the tyre make, model etc will be recorded.
Driver culpability – fixed penalty action
A driver may be issued with a fixed penalty notice if there is obvious visible tyre deterioration, damage, wear etc that should have been identified on a daily walkaround check. However, the driver would not be expected to check the date code during a walkaround check.
Guide to maintaining roadworthiness
Section 5.2 Tyre Management of the December 2020 edition of the Guide to maintaining roadworthiness has also been updated with specific guidance relating to tyre age.
This includes the monitoring and recording of tyre age for the whole fleet and where tyres over 10 years old are legally used a risk assessment is carried out.
There is also a link included to the British Tyre Manufacturers’ Association guidance document.
Manufacture date
The first two digits indicate the week number, the second two indicate the year. In this case the tyre was produced in week 50 of 2015.
Tyre management
Tyre age should be recorded and monitored through your fleet tyre management policy. Workshop staff will need to be fully aware of the new requirements and what vehicles are affected in relation to the throughput in their workshop. When safety inspections are carried out the tyre dates should be recorded on the report. Any tyres that are in scope ie on a steered axle and are found to be 10 years or older should be defected. Where a tyre is found that is not in scope ie on a drive axle but is 10 years or older this should be noted on the report as an advisory.
If any tyres are found to be close to 10 years old, then this should also be noted as an advisory on the report.
Ensure you have a solid tyre management system in place which will now need to include auditing of tyre age.
*www.logistics.org.uk/mac
