I have spoken to a number of traders that have told me they put part worn tyres on the vehicles they have sold because they are cheaper.
This was a concern for me because the penalties can be huge if something goes wrong, with the possibility that if someone dies and it is the fault of the tyre, or you have bought ‘substandard’ part worns, you the trader could face manslaughter charges. Initially as the retailer you are first in the firing line.
However if you act diligently and make sure the part worns you are buying meet all the points below.
I asked our legal advisor Jason Williams what the legal standpoint on supplying these tyres with the cars that are sold by our members, he gave me this…
Below you’ll see what a retailer HAS to do before they can legally sell a part worn:
Under The Motor Vehicle Tyres (Safety) Regulations 1994 (reg.7.) part of the Consumer Protection Act, it is an offence for anyone to sell part worn tyres that do not meet the following principal requirements:
The structural integrity must not be compromised. It should be free of large cuts, any bulges or lumps both internally and externally. No plies or cords should be exposed.
Tyres must have passed an inflation test prior to sale.
The original grooves must still be clearly visible in their entirety and must be to a depth of at least 2mm across the full breadth of the tread, around its entire circumference.
Part worn tyres which have not been retreaded must clearly show the relevant ‘E’ mark alongside which ‘PART-WORN’ must be permanently and legibly applied in letters at least 4mm high. These words cannot be hot branded or cut into the tyre.
Part-worn tyres that have been retreaded must have one of the following:
BS AU 144b, 144c, 144d, or 144e markings on the side wall (if first supplied as a retread on or before 31 December 2003 an ECE approval mark (if first supplied as a retread on or after 1 January 2004).
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A permanent mark to identify the original model and manufacturer, the word ‘RETREAD’ moulded onto or into its sidewall (in upper case letters at least 4mm high) and further markings in accordance with ECE rules. You may need to seek further advice as to which rules apply.
The indication ‘PART WORN’ must also appear next to the BS or ECE approval mark, or next to the word ‘RETREAD’
For tyres marked BS AU 144e, a speed category symbol and load capacity marking should be present.
A tyre has to comply with all these requirements whether or not it is fitted to a rim.
For any questions about Consumer Law, Lawgistics Members can ask the legal team.
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