S.I. No. 118 of 2008

ROAD TRAFFIC (RETREADED TYRES) REGULATIONS 2008

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 2nd May, 2008.

I, NOEL DEMPSEY, Minister for Transport, in exercise of the powers conferred on me by section 11 of the Road Traffic Act 1961 (No. 24 of 1961), the National Roads and Road Traffic (Transfer of Departmental Administration and Ministerial Functions) Order 2002 ( S.I. No. 298 of 2002 ) (as adapted by the Public Enterprise (Alteration of Name of Department and Title of Minister) Order 2002 ( S.I. No. 305 of 2002 )) and section 2 of the Road Traffic Act 2006 (No. 23 of 2006), and for the purpose of giving effect to Council Decision 2006/443/EC of 13 March 2006 ¹ , hereby make the following regulations:

1. These Regulations may be cited as the Road Traffic (Retreaded Tyres) Regulations 2008.

2. (1) In these Regulations-

“Council Decision” means Council Decision 2006/443/EC of 13 March 2006¹;

“UN/ECE Regulation 108” means Regulation 108 of the United Nations Economic Commission for Europe concerning the approval for the production of retreaded pneumatic tyres for motor vehicles and their trailers, attached to Council Decision 2001/509/EC of 26 June 2001 ² and replaced by the text set out in Annex II to the Council Decision;

“UN/ECE Regulation 109” means Regulation 109 of the United Nations Economic Commission for Europe concerning the approval for the production of retreaded pneumatic tyres for commercial vehicles and their trailers, attached to Council Decision 2001/507/EC of 26 June 2001 ³ and replaced by the text set out in Annex I to the Council Decision.

(2) A word or expression which is used in these Regulations and which is also used in UN/ECE Regulation 108 or 109 has, unless the context otherwise requires, the same meaning in these Regulations as it has in UN/ECE Regulation 108 or 109.

3. (1) A retreaded tyre falling under the scope of UN/ECE Regulation 109, which is placed on the market, purchased, sold or fitted to a vehicle or trailer to which that Regulation applies must-

(a) conform to a type that has been type-approved in accordance with UN/ECE Regulation 109,

(b) bear the markings set out in paragraph 3.2 of UN/ECE Regulation 109, and

(c) have affixed to it an international approval mark as specified in paragraph 5.8 of that Regulation.

(2) A retreaded tyre, falling under the scope of UN/ECE Regulation 108, which is placed on the market, purchased, sold or fitted to a vehicle or trailer to which that Regulation applies must-

(a) conform to a type that has been type-approved in accordance with UN/ECE Regulation 108,

(b) bear the markings set out in paragraph 3.2 of UN/ECE Regulation 108, and

(c) have affixed to it an international approval mark as specified in paragraph 5.8 of that Regulation.

GIVEN under my Official Seal,

29 April 2008

NOEL DEMPSEY.

Minister for Transport

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation)

These Regulations, which give effect to Council Decision 2006/443/EC, restrict the sale and supply of retreaded tyres to tyres that conform with UN-ECE Regulations 108 and 109 and bear the appropriate “E-Mark”.

1 OJ No. L181, 4.7.2006, p. 1

2 OJ No. L183, 6.7.2001, p. 37

3 OJ No. L183, 6.7.2001, p. 35