S.I. No. 358/1991:

ROAD TRAFFIC (CONSTRUCTION, EQUIPMENT AND USE OF VEHICLES) (AMENDMENT) (NO. 2) REGULATIONS, 1991.

ROAD TRAFFIC (CONSTRUCTION, EQUIPMENT AND USE OF VEHICLES) (AMENDMENT) (NO. 2) REGULATIONS, 1991.

The Minister for the Environment in exercise of the powers conferred on him by sections 5 and 11 of the Road Traffic Act, 1961 (No. 24 of 1961) hereby makes the following Regulations:

1. (1) These Regulations may be cited as the Road Traffic (Construction, Equipment and Use of Vehicles) (Amendment) (No. 2) Regulations, 1991.

(2) The Road Traffic (Construction, Equipment and Use of Vehicles) Regulations, 1963 to 1991 and these Regulations shall be construed as one and may be cited together as the Road Traffic (Construction, Equipment and Use of Vehicles) Regulations, 1963 to 1991.

2. In these Regulations--

"the Principal Regulations" means the Road Traffic (Construction, Equipment and Use of Vehicles) Regulations, 1963 ( S.I. No. 190 of 1963 );

"the Agreement of 1958" means the United Nations Agreement Concerning The Adoption of Uniform Conditions of Approval and Reciprocal Recognition of Approval for Motor Vehicle Equipment and Parts, done at Geneva on 20th March, 1958;

"bias-belted tyre" means a pneumatic tyre of bias-ply type in which the carcass is restricted by a belt comprising two or more layers of substantially inextensible cord material laid at alternate angles close to those of the carcass;

"diagonal, cross-ply or bias-ply tyre" means a pneumatic tyre in which the ply cords extend to the beads and are laid at alternate angles substantially less than 90 degrees to the centre-line of the tread;

"E.C.E. Regulation No. 64" means Regulation No. 64 as set out in United Nations document of reference E/ECE/324: Rev. 1/Add. 63, dated 1st August, 1985 and annexed to the Agreement of 1958;

"main grooves" means the broad grooves in the central three-quarters of the width of the tread surface;

"maximum design axle weight" means the weight which the axle is designed or adapted not to exceed;

"maximum speed" means the speed which a mechanically propelled vehicle is incapable, by reason of its construction, of exceeding on the level under its own power;

"radial ply tyre" means a pneumatic type in which the ply cords extend to the beads and are laid substantially at 90 degrees to the centre-line of the tread, the carcass being stabilised by a substantially inextensible circumferential belt;

"recut pneumatic tyre" means a pneumatic tyre in which all or part of its original tread pattern has been cut deeper or burnt deeper or a different tread pattern has been cut deeper or burnt deeper than the original tread pattern;

"section width" means the linear distance between the outsides of the sidewalls of an inflated new tyre excluding elevations due to markings, decorations, or protective bands or ribs;

"temporary use spare tyre or wheel" means a tyre or wheel different from that intended to be fitted to any vehicle for normal use but intended only for temporary use subject to restrictions;

"tie-bar" means any part of a tyre moulded in the tread pattern of the tyre for the purpose of bracing two or more features of such tread pattern;

"tread pattern" means the combination of plain surfaces and grooves extending across the breadth of the tread and round the entire outer circumference of the tyre but excludes any--

(i) tie-bars or tread wear indicators,

(ii) features which are designed to wear out substantially before the rest of the pattern under normal conditions of use;

"tread wear indicator" means any bar, not being a tie-bar, projecting from the base of a groove of the tread pattern of a tyre and moulded between two or more features of the tread pattern of a tyre for the purpose of indicating the extent of the wear of such tread pattern;

"structure" in relation to a pneumatic tyre means the technical characteristics of the tyre's carcass including the characteristics and layout of the ply cords;

"wide tyre" means a pneumatic tyre of which the area of contact with the road surface is not less than 300 millimetres in width when measured at right angles to the longitudinal axis of the vehicle.

3. These regulations shall come into operation on the 1st day of April, 1992.

4. Article 16 of the Principal Regulations is hereby amended by the substitution of the following sub-articles for sub-articles (5), (6) and (7):

"(5) Each axle of a mechanically propelled vehicle, trailer or semi-trailer shall be equipped with tyres which are designed and adequately maintained to support the maximum design axle weight for that axle.

(6) ( a ) Except as provided in paragraph (e) of this sub-article, pneumatic tyres of different types of structure shall not be fitted to the same axle of a mechanically propelled vehicle, trailer or semi-trailer.

( b ) Except as provided in paragraphs (c) and (e) of this sub-article, a mechanically propelled vehicle having only two axles, each of which is equipped with one or two single wheels, shall not be fitted with--

(i) a diagonal-ply tyre or a bias-belted tyre on its rear axle if a radial-ply tyre is fitted on its front axle, or

(ii) a diagonal-ply tyre on its rear axle if a bias-belted tyre is fitted on the front axle.

( c ) Paragraph (b) of this sub-article shall not apply to any mechanically propelled vehicle to the axles of which there are fitted wide tyres or to any such vehicle which has a maximum speed not exceeding 48 kilometres per hour.

( d ) Except as provided in paragraph (e) of this sub-article pneumatic tyres fitted to--

(i) the steerable axles of a mechanically propelled vehicle, and

(ii) the drive axles of a mechanically propelled vehicle, not being steerable axles, shall all be of same type of structure.

( e ) Paragraphs (a), (b) and (d) of this sub-article shall not prohibit the fitting of a temporary use spare tyre or wheel to a passenger vehicle (not being a vehicle with passenger accommodation for more than 8 passengers) which complied with ECE Regulation No. 64 when first registered provided the passenger vehicle so fitted is not driven at a speed exceeding 80 kilometres per hour.

( f ) A temporary use spare tyre or wheel referred to in paragraph (e) of this sub-article shall exhibit in a manner prescribed by ECE Regulation No. 64 the following information--

(7) ( a ) Subject to the provisions of paragraphs (b), (c) and (d) of this sub-article, a mechanically propelled vehicle, trailer or semi-trailer shall not be used on a road if any wheel is fitted with a pneumatic tyre and:--

(i) the tyre is unsuitable having regard to the use to which the mechanically propelled vehicle, trailer, or semi-trailer is being put or to the types of tyres fitted to its other wheels, or

(ii) the tyre is not so inflated as to make it fit for the use to which the mechanically propelled vehicle, trailer, or semi-trailer is being put, or

(iii) the tyre has a cut in excess of 25 millimetres or 10% of the section width of the tyre, whichever is the lesser, measured in any direction on the outside of the tyre and deep enough to reach the ply or cord, or

(iv) the tyre has any lump, bulge or tear caused by separation or partial failure of its structure, or

(v) the tyre has any of the ply or cord exposed, or

(vi) in the case of vehicles other than mechanical propelled cycles, or vehicles first registered before the 31st day of December, 1930 the main grooves of the tread pattern of the tyre do not have a depth of at least 1.6 millimetres throughout a continuous band around the entire outer circumference of the tyre, or

(vii) in the case of mechanically propelled cycles and vehicles first registered before the 31st day of December, 1930, the grooves of the tread pattern do not have a depth of at least 1 millimetre throughout the entire breadth and around the entire circumference of the tyre, or

(viii) the tyre is not maintained in such condition as to be fit for the use to which the mechanically propelled vehicle, trailer or semi-trailer is being put or has a defect which might in any way cause damage to the surface of the road or damage to persons on or in any such vehicle or to any other persons.

( b ) Subparagraphs (iii), (iv) or (v) of paragraph (a) of this sub-article shall not prohibit the use on a road of a mechanically propelled vehicle, trailer or semi-trailer by reason only of the fact that a wheel is fitted with a tyre which is deflated or not fully inflated provided the tyre and the wheel to which it is fitted are so constructed as to make the tyre in that condition fit for the use to which the mechanically propelled vehicle, trailer or semi-trailer is being put and the outer sides of the wall of the tyre are so marked as to enable the tyre to be identified as having been constructed to comply with the requirements of this paragraph.

( c ) Paragraph (a) (i) of this sub-article shall not prohibit the use on a road of a passenger vehicle (not being a vehicle with passenger accommodation for more than 8 passengers) which complies with ECE Regulation No. 64 by reason only of the fact that a wheel of such vehicle is fitted with a temporary use spare tyre or wheel, unless the vehicle is driven at a speed exceeding 80 kilometres per hour.

( d ) (i) Nothing in paragraphs (a) (i) to (a) (vi) of this sub-article applies to a broken down mechanically propelled vehicle or any such vehicle proceeding to a place where it is to be broken up, being drawn, in either case, by a mechanically propelled vehicle at a speed not exceeding 32 kilometres per hour.

(ii) Paragraph (a) (vi) shall not apply to a pedestrian-controlled vehicle.

5. ( a ) A recut pneumatic tyre shall not be fitted to any wheel of the following classes of vehicles and trailers:--

(i) a passenger carrying vehicle where the unladen weight is less than 3050 kilograms;

(ii) a goods vehicle where the unladen weight is less than 2540kg or where the diameter of the rim of the wheel is less than 405 millimetres;

(iii) a goods trailer where the unladen weight is less than 1020 kilograms.

( b ) A recut pneumatic tyre shall not be fitted to any wheel of a mechanically propelled cycle.

( c ) A recut pneumatic tyre shall not be fitted to any wheel of a mechanically propelled vehicle, trailer or semi-trailer if--

(i) the tyre's ply or cord has been cut or exposed by the recutting process,

(ii) the tyre has been wholly or partially recut in a pattern other than the manufacturer's recut tread pattern, or

(iii) the tyre has not been specified by the tyre manufacturer as being suitable for recutting.

GIVEN under the Official Seal of the Minister for the Environment,

this 20th day of December, 1991.

RORY O'HANLON,

Minister for the Environment.

EXPLANATORY NOTE.

These Regulations implement Directive 89/459/EEC¹ of 18th July, 1989 on the minimum tread depth (1.6mm) of tyres for certain categories of motor vehicles and trailers. The relevant EC tyre standard is being applied to all vehicle categories other than mechanically propelled cycles and vehicles first registered before 31st day of December, 1930 used on public roads.

¹O.J. L226/4 of 3.8.1989.

These Regulations also update general tyre safety requirements.