Today, 9 December 2020, we’ve updated the Guide to Maintaining Roadworthiness, to include the change in the Construction and Use Regulations for rules relating to tyres aged over 10 years old and manufacturer date codes.
I wanted to give you an update on the new requirements and answer some of the questions you might have. This should enable you to have time to update your tyre management systems prior to the law changing – ensuring you comply with the new rules on an ongoing basis.
The change in law
From 1 February 2021 Construction and Use Regulations will not allow tyres aged over 10 years old to be used on the front steered axles of HGVs, buses, coaches or all single wheels fitted to a minibus (9 to 16 passenger seats). So, if used it will mean a dangerous fail at annual test and a prohibition.
If inspected at a DVSA enforcement check, tyres aged over 10 years old found on these positions will be considered dangerous and attract an ‘S’ marked immediate prohibition notice.
It will also be a requirement for the manufacturer’s date code to be legible on all tyres fitted to HGVs, trailers over 3.5 tonnes, buses, coaches and minibuses. If a tyre is a retread then the manufacturer date is taken from when the retread was carried out.
If the date code on the tyre is not legible on the affected wheel positions
Tyres without a legible manufacture date code, fitted to the front steered axle of HGVs, buses, coaches or single wheels fitted to a minibus will fail the annual test.
If found at a DVSA enforcement check this would attract a delayed prohibition.
However, if there are also obvious signs of deterioration of the tyre the action will be increased to an ‘S’ marked immediate prohibition notice.
If the date code on the tyre is not legible on other wheel positions
If the manufacturer date code is not legible on other wheel positions, this will also be an offence and a minor fail result will be recorded at annual test. This would not prevent the issue of a pass certificate but there would be an expectation that the tyre is replaced.
If the date code is not legible at an enforcement check an inspection notice would be issued and again, we would expect the tyre to be replaced.
Using tyres more than 10 years old on other wheel positions
It’s the operator’s responsibility to make sure they have an adequate tyre management system in place and that they regularly consider the risks associated with using older tyres, even if the law permits.
Where tyres more than 10 years old are legally used on other wheel positions, their age should be recorded and a specific risk assessment is completed, that considers the distance, speed and loading conditions that the vehicle will operate under (for example, operating only in urban areas).
Using old tyres on historic vehicles
The new regulations exempt non-commercial vehicles aged 40 years and older from these requirements.
However, you should get all tyres of all ages regularly inspected by a competent person. This should be part of your tyre management and vehicle maintenance system.
Even if an older tyre appears safe, you need to assess and manage any risks associated with its use. A short journey at a low speed when the vehicle is lightly loaded, poses different risks to those involving long journeys, high-speed journeys, or use while the vehicle is laden.
Driver responsibility
In addition to the age or legibility of the code, consideration will be given to the visible deterioration of the tyre to decide whether the driver is culpable.
We would expect the driver to identify obvious visible tyre deterioration, damage or wear on their walkaround checks.
Owner-drivers will normally be considered culpable of tyre age or marking offence regardless of visible deterioration.
Reporting to the Traffic Commissioner
Some of you have asked if we’ll report drivers and operators to the Traffic Commissioner if we catch them using tyres more than 10 years old or without a legible manufacturer date code.
If we find an operator with a tyre more than 10 years old or without a date code, which attracts an ‘S’ marked prohibition notice we’ll follow that up with the operator first.
If the operator can’t show us that they’re adequately managing their tyres, we will consider referring them to the Traffic Commissioner.
Further guidance
We will also be updating the categorisation of defects, annual test and MOT inspection manuals before the new legislation comes into force. These will be published in January 2021.
69 comments
Comment by myke posted on
Minibuses, with rear axle twin wheels, regarding the following,
Inspection manual > Introduction > 2.Application (Classes 3, 4, 5 and 7)
Other than for the inspection of tyres, any 2 wheels of a vehicle shall be regarded as one wheel if the distance between the centres of the areas of contact between such wheels and the road surface is less than 460mm (460mm = 18.11inches).
If the above applies to a minibus, then the twin wheels now become a single wheel fitment
If the above applies does that mean the tyres are now regarded also as (one) a single fitment?
And are now subject to the new age related RfR.
Comment by Peter (DVSA) posted on
The 460mm between wheel centres makes no difference. The legislation refers to ‘single configuration’, which is not the same as twin configuration.
It states in the MOT Manual that 'Other than for the inspection of tyres' as you outline.
Comment by Paul Bates posted on
I have an ex mod RB44 (Renault Dodge 50, 1990),GVW 5.3t truck. Can I use cold retreaded tyres (ece 109 reg) on the front steering axle.
The vehicle has 4 wheels /tyres (not twin rear wheels)
Comment by Peter (DVSA) posted on
A re-treaded tyre will be assessed in the same way as a new tyre and its age calculated from the date it was re-treaded.
Comment by Paul Darby posted on
This refers to 'lorries' and 'HGV'. Does it apply to a 6 tonne privately owned horsebox?
Comment by Peter (DVSA) posted on
This legislation does apply to a horsebox if its maximum gross weight exceeds 3.5 tonnes like a HGV.
Comment by ROBERT LEE-MELLOR posted on
I own a 110 defender Landrover that is fitted with 12 seats and has a gross weight of six and a quarter tonnes. I only use it for private and social prepossess, never commercial. Do I have to observe this new law due to it having more than 9 seats. Alternately, if the new law does apply, Will it still do so if I remove the rear six seats.
Comment by Peter (DVSA) posted on
Land Rovers with between 10 and 12 passenger seats meet the definition of a minibus, the road vehicles construction and use regulations 1986 (as amended) states the definition of a minibus is as follows:
"Minibus - a motor vehicle which is constructed or adapted to carry more than 8 but not more than 16 seated passengers in addition to the driver."
Therefore, these vehicles are subject to the new tyre regulations with the current number of seats, and this covers both private or commercial use.
However, the vehicle will be exempt if over 40 years old and used for non-commercial purposes.
Comment by ROBERT LEE-MELLOR posted on
Many thanks for your quick reply Peter. Please could you help me further by answering ---- If I PERMANTLY remove the 6 rear side seats from my vehicle ( which I have never used at any time ) and also the centre front seat, will I still be with in the new law of 10 year old tyres. Also, just to be clear about the year of manufacture of a vehicle. Mine is not over 40 years old, but you stated the year of the law as 1986, as laws are not normally made to be enforced retrospectfully, will my vehicle still be exempt as in the case of seat belts because it was first registered in 1984. Please pardon my re-asking you on this matter, but I will probably be the only person in our vintage Landrover club that will have the answer to gave to the members next time that we meet. By the way, I have new tyres on my vehicle, but need this info for other people. Many thanks for your kind help..
Comment by Peter (DVSA) posted on
If we encounter a vehicle at the roadside which appears to be a minibus with seats removed we would look at the DVLA and vehicle technical records to see what the vehicle is registered as. If there is a mismatch we would investigate further and there could be other implications not just relating to the older tyre ban.
The legislation covering 10 year old tyres is the Road Vehicles (Construction and Use) Regulations 1986 as amended. It applies to any age of vehicle other than vehicles of historic interest (over 40 years).
Comment by Sammy posted on
So if a vehicle constructed to carry more than 8 passengers (16) but seats removed to limit passengers to 8 plus driver are they exempt the new tyre laws
Comment by Peter (DVSA) posted on
Comment by Peter (DVSA) posted on
If we encounter a vehicle at the roadside which appears to be a minibus with seats removed we would look at the DVLA and vehicle technical records to see what the vehicle is registered as. If there is a mismatch we would investigate further and there could be other implications not just relating to the older tyre ban.
Comment by David Painter posted on
If a minibus, HGV, coach or bus is converted to a motorhome, subject to a class 4 MOT (as presented) At what point will this legislation not apply?
Comment by Peter (DVSA) posted on
A class 4 motor caravan is out of scope for the new tyre regulations.
Comment by Nathan posted on
I have a question regarding a 17 seat minibus with dual rear wheels. Would it be correct to assume that only the front single wheels / tyres need to be under 10 years? So the four on the rear, two either side - wouldn't necessarily have to be 10 years or under but the operator would need the tyre management system in place. This is how the guidance reads, but just wanted to double check.
Comment by Peter (DVSA) posted on
Based on our understanding of your question and your minibus has 16 passenger seats, this will be a twin wheel fitment at the rear which is not included in the scope of this legislation. However, they need to be appropriately managed as you outline. Thanks for your query.
Comment by Marcus posted on
Hello Peter
Am just getting news about new laws regarding tyres on minibus etc , I brought a commercial LFB minibus 2004 and upon registering tax amended to private use its 9 seater , I have been off work over month with back injury and furlough too
Two questions does my minibus still need new tyres if over 10 years but still roadworthy and how can we check if over 10 years
And if they need to be replaced is there a grace period due to current lockdown as well has recorded off sick ?
Comment by Peter (DVSA) posted on
This legislation applies to all single wheels fitted to a minibus (9 to 16 passenger seats), so this does apply to your vehicle.
Your tyres should have a date stamp on them to check their age - if not they are also breaching this legislation.
This legislation has been enforced since 1 February - your vehicle should not used if your tyres do not meet the requirements.
Comment by Peter posted on
im confused, are we taking to a A.I as per Dave Holden posted on on 18 December 2020 points out if date cant be read in twin wheel rear inner tyre then its ok. But the A.I just spouts out same reply.
A.I i drive a 7.5 tonne RV mot is a standard car mot so im not a HGV, i replaced both front tyres this year for my own peace of mind. Do i have to follow this new law due to my weight or am i exempt (please dont reply with the over 40 years except line, that just proves your an A.I) pass it on to a real human that can read i assume you have assess to one.
Comment by Peter (DVSA) posted on
Hi Peter, we're here to help. If you mean by RV a class IV motorhome, this is not covered by the current legislation even if converted from a HGV.
Comment by Tony Pearman posted on
Iv a camper van ( 2004) this was correctly and fully converted from a minibus as per dvla ( camper conversion) rules just before the rules were changed which now states only full steel high tops can now be reclassified as "campers" so my mid high roof van (3500kg) twin rear wheel is still registered as a minibus , only used as a camper by me about 2000 miles a year , insured correctly as a conversion camper , what rules will this fall under now for mot and use as been moted as camper for last few years due to having no rear seats?
Comment by Peter (DVSA) posted on
If this vehicle is now converted and meets the definition of a class 4 motor caravan then it will not be within the new tyre age regulations. However, if the vehicle is fitted with aged tyres then we strongly recommend that the tyres are regularly inspected by a competent person and they need to assess and manage any risks associated with using old tyres. I hope this helps.
Comment by Martyn Hearson posted on
Real World? Nowhere near all operators need to use any vehicle anywhere at any time. Those with elderly service buses operating around town wouldn't consider sending them on a breakdown call out for a Spanish shuttle. Likewise comparing a National Express subcontractor with someone who does four weddings a year commercially with an old half cab 'decker at 30-40 mph isn't the same. No one wants dangerous tyres on their bus, but differing circumstances certainly have a bearing and a one size fits all, doesn't always work without inducing massive waste and needless costs.
Comment by NEIL C posted on
If say an Iveco Euro Cargo or Daf LF45 has been converted to a motor caravan and then has a class IV mot test and has no more than 7 seats is it a failer to have tyres of ten years or more on the front steer axle ?
Comment by Peter (DVSA) posted on
No, a class 4 motor caravan is out of scope for the new tyre regulations.
Comment by John Powell posted on
Hi,
I have a non commercial Motorhome (Converted coach) which I use for my family private use. (has completed less than 500 miles in the last 2 years)
Do I still need to have the tyres under 10 years old and could you please clarify only the front axle if required?
Thank you
Comment by Peter (DVSA) posted on
The only exemption relates to historic vehicles 40 years or older not used commercially, so this legislations does apply to your converted coach. It only applies to front-steered axles on a coach.
Comment by NEIL C posted on
If the vehicle is tested as a class IV with less than 13 seats and is class as a motor caravan will it fail an MOT ?
Comment by Peter (DVSA) posted on
No, a class 4 motor caravan is out of scope for the new tyre regulations.
Comment by Jon posted on
So vehicles that come under the small scheme MOT testing - this vehicle is tested as a Class 4 - are subject to this 10 year old tyre rule?
Comment by Peter (DVSA) posted on
If it is a class IV motor home - this is not covered by the new tyre legislation.
Comment by John Powell posted on
Hi Peter,
I am now very confused - my motorhome is a converted coach 40' 17000 kg gross with 10 travel seats (inc Drivers) - it is regestered as a Motor Caravan.
It has a class IV MOT - so do i take it it is exempt for the 10 year rule and is not required for MOT and if stopped I would be ok with tyres in good condition but over 10 years old?
Please advise.
Comment by Peter (DVSA) posted on
A minibus is defined as “a motor vehicle which is constructed or adapted to carry more than 8 but not more than 16 seated passengers in addition to the driver”. Therefore, a motor caravan with 10 passenger seats, regardless of weight, would meet this definition and the 10 year old tyres legislation would apply.
Comment by Paul Forth posted on
Good morning Peter, I hope your well?
Could I just obtain clarification regarding tyre dates stamped on any tyre of a LGV. Reading the DVSA 's aged tyre management document, if a tyres fitted to a twin wheel station have their tyre dates on the inside and the inspector can't read the date, this would be marked at roadside and MOT as an advisory. Our local DVSA tester at the MOT station has stated to us that this would be an MOT failure, would this be correct as we wish to stay legal and complaint and get things right and in regards to only an advisory marked against this, how does this affect a company's OCRS Score.
Comment by Peter (DVSA) posted on
If the DVSA vehicle standards assessor or vehicle examiner cannot get access to see the date code, as possible on a twin wheel fitment then the presenter / driver would be advised, this will not adversely affect the OCRS.
Comment by Peter (DVSA) posted on
Just to add, it will also be a requirement for the manufacturer’s date code to be legible on all tyres fitted to HGVs, trailers over 3.5 tonnes, buses, coaches and minibuses.
Comment by Michael Gough posted on
This law will not save lives. When a tyre is in motion it wants to go pear shaped with the oscillation of speed. There are two main parts, the tread and the most important part the casing. as you will be aware John, re- treading commercial old tyre casings is common practice throughout the world. and by renewing the dot code or date code, This dose hide the original manufacturing date of the casing. This has been common practice for many years. So when you drive along the motorway and you see strips of rubber, these are from retreaded tires or remoulds which is the same. In answer to your question, when the tire compound is made they put a chemical in to keep the tyre supple, But this chemical will only work if the tyre is used within three years of manufacture. So that’s why brand-new spare tyres are rendered useless if not used after three years. In a normal tyre that is used regularly the chemical stops working after six years. So putting a time limit of 10 years into law, it’s just the same as before, manufacturers recommendations Maximum usage 10 years irrespective of visual condition of the tyre.
Comment by Craig Berriff posted on
The Historic Commercial Vehicle Society claim that an exemption exists for HGVs over 40 years old, not used commercially, however the text above does not read that way. Please can you confirm if a historic HGV is exempt from this ruling if not used commercially?
Comment by Peter (DVSA) posted on
Vehicles aged 40 years or older that are no longer produced and have been maintained in their original condition are exempt from the tyre age requirement, along with the current MOT exemption for this type of vehicle.
Comment by Peter (DVSA) posted on
That is correct, the exemption is for historic vehicles which are not used commercially.
Comment by Raymond Smart posted on
How ridiculous a vehicle over 40yrs old is safe to drive on old tyres because they aren’t manufactured anymore which means the tyres are likely to be really old and a private hgv with low mileage each year has to have tyres on front axle replaced every 10years and advisory on the twin wheel rear, regardless of condition?
What if the new tyre I purchased was 1 or 2 years old when fitted does the 10 year rule apply from when it’s fitted or manufactured?
Comment by Howells Training Ltd posted on
Hi Please can you confirm the point made above regarding re-treaded tyres?
So if a vehicle has a nine year old (date stamped by manufacturer tyre), It could be re-treaded one year before it is due to expire. This re-tread would give it a new stamp to replace the manufacturers stamp, effectively giving that tyre another ten year lease of life? Thank you.
Comment by Peter (DVSA) posted on
That is correct, a re-treaded tyre will be assessed in the same way as a new tyre and its age calculated from the date it was re-treaded.
Comment by Raymond Smart posted on
What if the new tyre or retreaded tyre I purchase was 1 or 2 years old when fitted does the 10 year rule apply from when it’s fitted or manufactured?
Comment by Peter (DVSA) posted on
A re-treaded tyre will be assessed in the same way as a new tyre and its age calculated from the date it was re-treaded.
Comment by Howells Training Ltd posted on
Many thanks for clarifying this.
Comment by Raymond posted on
Does the same rules rules apply to Private HGV where the vehicle is being used privately only for personal use only and not for hire and reward,
I use my 7.5t with twin rear wheels only in conjunction with my hobby and as such do a very low mileage each year around 3000 miles only are we also expected to replace a good tyre at ten years old even or date code not entirely readable if the tyre has excellent tread no sign of damage or cracking etc?
We are responsible to change a defective tyre at any point should it be necessary to do so but I would have thought we would be excluded from this action but I'm seeking clarification on that point from you please?
Comment by Peter (DVSA) posted on
The exemption is for historic vehicles which are not used commercially. This does not apply to HGVs under 40 years old.
Comment by Raymond Smart posted on
I wasn’t meaning historic vehicles I was meaning private HGV’s mine is a 2005 plate and is only used privately for transporting my own vintage tractors to rallies and ploughing matches in much the same way as a horsebox is used and is very low mileage each year, this doesn’t sound environmentally friendly and as well as being able to see I need to replace tyres when required with my own eyes I would act immediately if advised by examiner to do so, so I ask again does this rule apply to private hgv flatbed or horse boxes that are not historic?
Comment by Raymond Smart posted on
So even though I drive it less than 4000 miles a year and would replace any bad tyres regardless if they are perfectly good I’ve to throw them away?
Does this apply to a horse box too that isn’t historic?
Comment by Peter (DVSA) posted on
DfT research shows tyres degrade whether they are being used or not. While the tyre may have good tread, the overall conditions of the tyre will have deteriorated over time.
This legislation does apply to a horsebox if its maximum gross weight exceeds 3,500kg like a HGV and is not historic, whether used for commercial use or not.
Comment by richard Clements posted on
to answer Raymonds question, if your private HGV is under 40 years old then the tyre regulation change applies to you. You will have to comply with the tyre requirements for age & age markings
Comment by Raymond Smart posted on
Ok if the vehicle is used privately only is less than 40 years old and a tyre on the rear twin wheel axle is over 10 years old, do I have to write a risk assessment for that tyre when the vehicle is only used privately for non commercial purposes.
Is the. Best before date for a tyre that a garage have sell a tyre within what I’m asking if I go and buy a new tyre surely the garage can’t sell me A tyre that’s possibly old stock and 18 months to 2 years old, assuming the date code is stamped by the manufacturer does that mean despite a tyre being new we only get 8 to 8.5 years use of it?
Comment by Peter (DVSA) posted on
Rear tyres are out of scope for the age aspect of the regulation except for all single wheels fitted to a minibus, but they still need to be appropriately maintained and managed whatever the use. The tyre risk assessment should look at how the vehicle is being used, i.e. weight, speed, distance to assess if it is appropriate to use aged tyres, for example low weight, short distance and slow speed. We hope this helps.
Comment by Raymond Smart posted on
Thank you for your reply Peter but is a tyre risk assessment record only required if the vehicle is used commercially or am I required to carry a risk assessment out if the vehicle is only used for PRIVATE USE.
Comment by Peter (DVSA) posted on
As a private-use driver you are still responsible for using the vehicle, so you need to ensure it is safe to drive. Therefore, if they are legally using old tyres you should still carry out a risk assessment to make sure it is safe to do so.
Comment by A Grey posted on
Our existing tyres may only be date marked on one side, not necessarily the side visible to a roadside inspector. From what date are manufacturers obliged to emboss the date on both sides?
Non-commercial vehicles over 40 years old are exempt. Why not younger vehicles that are not used for hire and reward?
Comment by Peter (DVSA) posted on
Where possible our examiners will check on both sides of the tyre before taking any action, if this is not possible and the date code is potentially not visible then advisory action would be taken, this will also be the case for twin wheel fitment.
Comment by Dave Holden posted on
Tyres are generally only date marked on one side of the case. I fit my tyres to the rims so that the date is visible externally when the tyre is fitted to the front axle of the bus. When, in later life, these tyres are cascaded onto the rear axle, the date then becomes "hidden" in the centre of the twin wheel arrangement. Is this a problem as the date will not then be visible to the tester?
Comment by Peter (DVSA) posted on
Where possible our examiners will check on both sides of the tyre before taking any action, if this is not possible and the date code is potentially not visible then advisory action would be taken, this will also be the case for twin wheel fitment.
Comment by Dave Holden posted on
Thanks Peter. Presumably, for rear tyres, a visible date that shows the tyre is more than ten years old will also attract a minor fail / advise at a Class 5 MOT test? I could get a tyre fitter to take the tyres off the rims and turn them round so that all the dates are visible, either externally or in the pit under the bus. But is there any point in paying someone to do this if I'm going to end up with the same advisory anyway? I'm a hobbyist and not an operator who prides himself (tries to!) on presenting well maintained "clean" vehicles for test, but my funds only run to newer rubber on the front axle unfortunately. I fully support the changes by the way to front tyre rules!
Comment by Peter (DVSA) posted on
To confirm, it will also be a requirement for the manufacturer’s date code to be legible on ALL tyres fitted to HGVs, trailers over 3.5 tonnes, buses, coaches and minibuses. The 10 year rule for tyres only will apply to the front steered axles of buses. Please see the advice in the response to your last comment regarding where the date marking is positioned on the wheel.
Comment by Dave Holden posted on
Hello again Peter. I think you may need to re-read the consultation response document as this clearly indicates the issues with rear tyre date markings...I've copied the relevant part below FYI...
Enforcement of the visibility of date markings and treatment of tyres with directional tread
Some respondents raised concerns with our proposal to mandate the visibility of date markings in all installation configurations (single and twin wheel), to aid enforcement. Views indicated that this was not practical “because of the common practice of turning tyres to balance wear”, “As the date marking is only embossed on one side of the tyre, it is not practicable to show the date on the outside of a rolling pair” (twin wheel) and since “some tyres are directional so they would have to be operated in the opposite rotation to that advised by the tyre manufacturer”.
Other views were “the benefits of the proposed measure are unquantified and unproven whilst the likely economic and environmental costs are considerable.” Industry estimated that this aspect of our proposal would cost £67 million (based on the central price hypotheses adopted in the impact assessment) and “would lead to an increase in the national consumption of new truck and bus tyres of approximately 10%.”
It is clear from the information provided by respondents that enforcing the visibility of date markings in all installation configurations will result in operational tyre management issues for the industry, which will subsequently increase costs. We have discussed with DVSA enforcement team, who have confirmed that they can safely read date markings on both sidewalls from tyres in single configuration, without the need for any legislative restriction. Given that all tyres included in the new legislation will operate in single configuration, there will be no requirement for the date marking to be displayed in any orientation and hence no material costs. The prohibition on the fitting of a tyre with a date marking that has been damaged, tampered with or defaced so that it is not legible will apply to tyres on all in-scope vehicles, regardless of their location on a vehicle.
Comment by Peter (DVSA) posted on
In our last response we didn't say the date mark shouldn't be on the tyre's inside. We just outlined what would happen if the date code is potentially not visible. The date marking can be on either side of the tyre, but if we’re unable to find this on the inside at the roadside we’ll have no choice but to give advisory action as a requirement of this legislation is the tyre’s date marking must be clearly legible. In relation to the advisory action, it would be down to the operator to ensure a date code is legible and the tyre is being used legally.
Comment by Keith deal posted on
I agree with the rules on old tyres on steer axles but issuing a prohibition on a tyre that is visually safe and legal apart from age is to strong whereas just a failure would be sufficient
Comment by john flynn posted on
what if the date code is on the inner wall of a front tyre, this can be read over a pit on annual test but not on road side inspection unless the inspector is willing to crawl under the vehicle.
Comment by Peter (DVSA) posted on
Where possible our examiners will check on both sides of the tyre before taking any action, if this is not possible and the date code is potentially not visible then advisory action would be taken, this will also be the case for twin wheel fitment.
Comment by Peter ALLAM posted on
Sounds lacks for an important Safety Issue.....'we 'll consider referring them to Traffic Commissioner' reads like ...if we have the impetus we tell the big bad wolf & he'll huff & puff & send you to bed early!! Urban tyres are as important as long- distance tyres. Operators need to be ready to use any vehicle any where at any time. Are we talking the Real World here?