PART WORN TYRESPublic Consultation

Vehicle StandardsNovember 2013

Part Worn Tyres Consultation

In recent years there has been a large increase in the number of part worn tyres sold and fitted to vehicles in Ireland. The purpose of this document is to seek views from the public, industry and other interested parties on whether or not there is a need to introduce regulations for part-worn tyres. Proposals with regard to such regulations are set out and the option of raising public awareness as an alternative to regulating is also put forward.

Summary

Part worn tyres are tyres which were previously fitted to a vehicle and are

now being offered for sale ‘second-hand’ with less tread remaining that of a

new tyre. In recent years there has been a significant increase in the

number of tyre retailers and independent operators offering to supply and fit

part worn tyres. The Irish Tyre Industry Association (ITIA) estimates that

today, more than 20% of the total number of tyres sold in Ireland1 are part-

worn and that this figure is increasing year on year.

The appeal of part worn tyres has grown in recent years because their price

is normally much lower than new tyres. However, as tyres are the only

contact between a vehicle and the road, it is vital that they are fit for purpose

1 ITIA estimate that there are 2.7 million tyres in total sold in Ireland annually

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and maintained in good condition. Tyres which are in a poor condition may

have an increased braking distance, an increased likelihood of under or

over-steer and a greater possibility of blowout, thereby posing a significant

safety risk to road users.

The Road Safety Authority (RSA) now wishes to establish whether or not

there is a need to introduce controls and minimum standards for part worn

tyres before they can be offered for sale and fitted to vehicles. Therefore, we

are now consulting with members of the public, industry and other interested

parties to get their views on this matter. If the consultation highlights that

there is a need for controls in this area, then proposals will be put forward to

the Minister for Transport, Tourism and Sport.

1. Background

Most part-worn tyres sold in Ireland originate from continental European

Member States and have been exported due to season laws. For example,

winter tyres are mandatory during the winter months in Austria, Finland,

Germany and Sweden. In these countries when winter approaches, vehicle

owners tend to trade in their summer tyres for winter tyres and often these

tyres end up being exported to countries such as Ireland. Whereas most of

these tyres could be considered fit for purpose (and are sometimes a better

quality tyre than some new budget tyres) there are no specific regulations

that part-worn tyres need to meet before being placed on sale in Ireland.

The attraction of part-worn tyres has grown, particularly in the current

economic climate, as part worn tyres may be purchased for around €30 as

opposed to a new equivalent tyre which may cost €80.

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2. Current Legal Requirements for Tyres in Ireland

It is a key basic road safety requirement that all vehicles and trailers on our

roads, and all components of those vehicles, conform to a minimum

standard of construction. It is the legal responsibility of the owner and driver

of a vehicle or combination of vehicles to ensure that, when it is used in a

public place, it is in such a condition that it is not liable to endanger other

road users. The Road Traffic (Construction and Use of Vehicles)

Regulations 2003 (S.I. No. 5 of 2003) as amended, also known as the ‘C&U’

Regulations, sets out requirements with respect to tyre condition and tyre

tread depth for vehicles which are used on a public road.  These regulations

include requirements that each tyre fitted to a vehicle has a tread depth of at

least 1.6mm is maintained in a condition so that it is fit for purpose, and is

free from defects which may cause damage to the road surface or endanger

other road users.

Enforcement of the C&U Regulations is a matter for An Garda Síochána and

on conviction; courts can impose a class C fine (up to €2,500), a prison

sentence or both, on both the owner and driver of the vehicle.

In addition when undergoing the the National Car Test (NCT) and

Commercial Vehicle Roadworthiness Test (CVRT), all vehicles have their

tyres inspected for; tread depth, condition and the presence of European

type approval (‘E’ or ‘e’) marks.

There are no specific regulations for part-worn tyres in Ireland and, as such,

they can be legally fitted and used on vehicles providing they meet with the

C&U requirements referred to above. On the other hand, there are EU

regulations which have been given effect in Irish law that set the standard

for new and re-treaded tyres;

2.1 New Tyre Requirements

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New tyres placed on sale are required to meet with the latest type approval

standards (Regulation (EC) No. 661/2009) and carry an ‘E’ or ‘e’ mark. Type

approved tyres must meet with minimum requirements with regard to wet

grip, rolling resistance and noise. Further to this, a new Commission

Regulation EC No. 1222/20092 requires that new tyres are labelled at the

point of sale showing the tyre's wet grip, fuel efficiency and noise

performance. The tyre labels are similar to the labelling already in use for

household goods such as washing machines and dishwashers. The aim of

these labelling requirements is to encourage people to purchase tyres with

superior safety and environmental performance, and also encourage tyre

manufacturers to produce tyres whose performance exceeds the minimum

requirements specified in EU Regulations.

2.2 Retreaded tyresRetreaded tyres are older tyres that have been recoated with a rubber

veneer of tread. In Ireland the sale and supply of retreaded tyres is

governed by the Road Traffic (Retreaded Tyres) Regulations 2008 (S.I. No.

118 of 2008)3.

For a retreaded tyre that complies with these regulations to be placed on the

market, purchased, sold or fitted to a vehicle or trailer, it must conform to a

type that has been type approved and must bear the required ‘E’ or ‘e’ mark.

Once retreaded at an approved production unit, it must also bear the word

‘Retread’ on its sidewall. Tyre production units or retreading centres must be

approved by the National Standards Authority of Ireland (NSAI).

2 For information, please see the Department of Communications, Energy and Natural Resources website at the following link; dcenr.gov.ie/tyre labeling

3 These Regulations gave effect to Council Decision 2006/443/EC, requiring that retreaded tyres conform with UNECE Regulation 109 (retreaded tyres for commercial vehicles and their trailers) and UNECE Regulation 108 (retreaded tyres for private cars, light goods and light trailers).

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3. Economic Considerations for Consumer

Buying part-worn tyres may offer substantial savings to consumers at the

time of purchase. However, when consideration is given to the shorter

lifespan and the cost per millimetre (mm) of usable tread on a part worn

tyre, new tyres may actually prove to be better value for money for the

consumer in the long term. Consider the example of a part worn tyre which

costs €30 and has 3.6mm of tread remaining. This tyre will have 2mm of

available tread wear before the minimum legal depth of 1.6mm is reached.

Therefore the cost of the tyre can be equated to €15 per mm of available

tread. On the other hand a new tyre costing €80 will have 8mm of tread or

6.4mm of available tread wear, which equates to €12.50 per mm or a 17%

cost reduction. In addition to the increased costs in the example above, the

vehicle owner will have to fit three sets of part worn tyres to get the same life

as one new set of tyres.

However, in contrast to the example above, a part-worn tyre which is in

good condition and with a significant amount of tread remaining may offer

better value to a consumer than buying a new tyre. Similarly, a driver who

does low annual mileage may find that fitting part-worn tyres makes better

economic sense than fitting new ones, as their tyre change intervals will be

less frequent.

4. Situation in the UK

Ireland and the UK are common destinations for part-worn tyres, primarily

because neither have seasonal laws and allow winter or summer tyres to be

used all year round. However, in contrast to Ireland, the UK has developed

regulations which make it illegal to supply part-worn tyre unless certain

conditions are met. In the UK, part-worn tyres must have at least 2mm tread

depth, marked 'PART WORN', any repairs must comply with British

Standards, and it is illegal to have unsafe tyres in possession for sale.

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As a consequence of the UK having part worn tyre regulations, there is a

concern that Ireland may have become an effective dumping ground for low

quality part-worn tyres.

5. Options

As outlined in section 2, the C&U Regulations set the minimum standards

for tyres fitted to a vehicle used on Irish roads. However, as these

regulations are only enforced when a vehicle is in use, there is no regulatory

check on the condition of part-worn tyres before they are sold or fitted to a

vehicle. In light of this, the RSA is proposing three options for consideration

as follows;

5.1 Option 1 - Do NothingThe first option is to do nothing. It will continue to be legally possible to fit

part-worn tyres which have the minimum legal tread depth of 1.6mm. There

will be no additional obligations on retailers and therefore no additional cost

passed on to the consumer.

5.2 Option 2 - Introduce controls for part-worn tyres

The second option is to introduce regulations that control the standard of

part-worn tyres. By introducing regulations, the responsibility would be

placed on the part-worn tyre seller to ensure that tyres offered for sale have

a specified minimum tread depth and have condition checks carried out.

Only such tyres may then be labelled as ‘part worn’ thereby giving the

consumer peace of mind that a positive check has been carried out on the

tyre’s condition and tread depth.

If such regulations are to be developed, then a public awareness campaign

would be carried out in partnership between the RSA and the tyre industry.

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This campaign would draw attention to the new requirements being

introduced – that all part-worn-tyres have undergone an inspection prior to

sale, therefore giving the consumer confidence that the tyres being

purchased are fit for purpose. In the following subsections, possibilities with

regard to the regulation of part-worn tyres are put forward;

5.2.1 Tread Depth

In any such regulations, a minimum tread depth for part-worn tyres would

need to be specified. The minimum legal tread depth for vehicles on the

road is 1.6mm, new tyres have about 8mm of tread and 2mm is the change

interval that most tyre manufacturers recommend. In order to ensure that

consumers achieve a reasonable lifespan from part-worn tyres they may

wish to buy, consideration should be given to setting their minimum tread

depth at 3mm before they can be offered for sale.

5.2.2 Tyre Condition

While the condition of most part worn tyres placed on sale may be

reasonably good, any regulations which are introduced should require that a

condition check is carried out on all part-worn tyres before being offered for

sale and fitted to a vehicle.

This condition check should ensure that tyres are ‘E’ or ‘e’ marked and do

not have;

any cut over 25mm which is deep enough to reach the ply or cord

any internal or external lump, bulge or tear

any ply or cord exposed internally or externally

penetration damage that has not been repaired

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5.2.3 Inflation Test

A further measure that should be considered is that each part-worn tyre is

examined once it has been fitted onto the wheel rim and inflated in order to

ensure that it does not exhibit any of the external defects referred to in 5.1.2.

5.2.4 Labelling

Only when a part-worn tyre has met with all of the specified requirements,

can it be labelled as 'PART-WORN' and legally offered for sale to the public.

In order to achieve this, rubber labels can be cold vulcanised (similar to

applying a patch) to the tyre. These labels are inexpensive and widely

available from trade suppliers.

5.2.5 Certification to accompany part-worn tyres sold

A requirement could also be introduced through regulation that each part-

worn tyre sold is accompanied with a unique certificate. This certificate

would contain information specific to the tyre such as:

depth of tread remaining (compared that of a new equivalent tyre)

tyre size and aspect ratio

load rating

speed rating

year of manufacture

Winter tyre (yes/no)

Country of origin (where previously used)

5.2.6 Enforcement

If this option is agreed and regulations are introduced to control the

standard of part worn tyres, then enforcement options will be considered

and an appropriate enforcement scheme implemented. It is most likely that

enforcement will be at the point of sale and will comprise of inspection of

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part-worn tyres, either at the distributor or tyre fitters place of business, to

make sure that they meet with the necessary provisions before being legally

sold or fitted to vehicles.

5.2.7 Cost implicationsOption 2 will most likely result in a slight increase in the price paid by the

consumer for a part-worn tyre. This is because the retailer will probably pass

on the costs associated with checking, labelling and certifying each

individual tyre. There will also be a cost associated with the awareness

campaign.

5.3 Option 3 – No new regulations, but instead raise public awareness The third option is to not introduce new regulations and just carry out a

public awareness campaign. With this option it will continue to be legally

possible to fit part-worn tyres which have the minimum legal tread depth of

1.6mm and there will be no additional obligations on retailers. The public

awareness campaign would highlight to the consumer the importance of

taking factors such as tyre condition, tread depth and economic factors into

consideration when purchasing a part-worn tyre. The public would be

encouraged to only purchase tyres from retailers that follow RSA

recommendations with regard to their inspection, labelling and certification.

There will be a cost associated with carrying out this awareness campaign.

6. Your views

The RSA believes that Option 2 (i.e. Regulation and awareness) is the

optimum approach as it introduces minimum standards to support both

industry and consumers and will also ensure that consumers are aware of

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the criteria that a part-worn tyre must meet in order to be legally offered for

sale, including that each tyre has been inspected, tested, labelled and

certified.

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The RSA wishes to hear from road users, industry and all other interested

parties who have views and suggestions on part worn tyres. It would be

helpful if, when you reply, that you complete the two tables that follow and

that you could focus your response on the questions put forward, though we

would, of course, also be pleased to consider any other comments that you

may wish to make.

PART 1 - Information about you

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Name

Address

Company Name or Organisation

(if applicable)

Please tick one box from the list below that best describes you or your

organisation.

Member of the public

Company

Representative Organisation

Public body

Interest Group

Other (please describe):

Are you (or your company) involved in the supply or fitting of;

Part-worn tyres

only

New tyres only Both Neither

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PART 2 - Your Comments

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Question Response

Q1:

What is your preferred

Option for dealing with Part

Worn Tyres in Ireland?

Insert “X” as appropriate

Option 1 (Do Nothing)

Option 2 (Regulate andAwareness Campaign)

Option 3 (Awareness Campaign only)

If you chose Option 1 or 3 please explain why;

If you chose Option 1 or 3, please proceed directly to Q6

Q2:

Are there any tyres which

should NOT be included in

the regulation of part worn

tyres?

Insert “X” as appropriate

YES

NO

If your answer is YES, please explain which types of tyres should be omitted and the reasons why:

Q3:

Do you agree with the

suggested minimum tyre

tread depth of 3mm for part

worn tyres?

Insert “X” as appropriate

YES

NO

If you have alternative suggestions with regard to tread depth, please explain:

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Q4:

Do you agree with the

suggestions with regard to

the condition check and

subsequent labelling and

certification of a tyre before

sale?

Insert “X” as appropriate

YES

NO

If you have comments or alternative suggestions with regard to these criteria, please put forward:

Q5:

Do you agree that any part-

worn tyre regulations

developed should be

enforced at the point of sale.

Insert “X” as appropriate

YES

NO

Have you any comments or alternative suggestions with regard to enforcement?

Q6: Have you any other comments?

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7. How to Respond

The consultation period begins on 8 November 2013 and the closing date

for submissions is the 20 December 2013. Please ensure that your

response reaches us by that date.

Please send consultation responses to:

Part Worn Tyres Consultation,

Vehicle Standards,

Moy Valley Business Park

Primrose Hill

Ballina

Co. Mayo

E-mail to: pwtconsultation@rsa.ie

Tel No: 096 25014

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