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3. After regulation 25, insert—
25A.—(1) Subject to paragraphs (2) and (3), any replacement tyre (not being a retreaded or part-worn tyre) must be marked with an S mark where it is to be fitted to an axle of—
(a)a passenger vehicle with 4 wheels or more,
(b)a goods vehicle,
(c)a dual-purpose vehicle, or
(d)a trailer constructed or adapted for use with a passenger vehicle, a goods vehicle or a dual-purpose vehicle.
(2) Paragraph (1) applies to—
(a)Class C1d tyres on or after 1st October 2010; and
(b)Class C1e tyres on or after 1st October 2011.
(3) Paragraph (1) does not apply to—
(a)tyres whose speed rating is less than 80 km/h;
(b)tyres whose nominal rim diameter does not exceed 254mm (code 10) or is 635mm (code 25) or more;
(c)T-type temporary-use spare tyres; or
(d)tyres designed only to be fitted to vehicles described in paragraph (1) that were registered for the first time before 1st October 1980.
(4) In this regulation—
“Class C1d tyre” means a tyre designed for a passenger vehicle with a nominal section width greater than 185mm but less than or equal to 215mm;
“Class C1e tyre” means a tyre designed for a passenger vehicle with a nominal section width greater than 215mm;
“nominal rim diameter” has the same meaning as in section 2.18 of Annex II of Community Directive 92/23;
“part-worn tyre” means a tyre that is not new when fitted;
“replacement tyre” means—
a Class C1d tyre sold, or intended to be sold, on or after 1st October 2010;
a Class C1e tyre sold, or intended to be sold, on or after 1st October 2011; or
any other tyre sold, or intended to be sold, on or after the date these Regulations come into force,
where that tyre replaces, or is intended to replace, a tyre fitted to the axle of any vehicle to which paragraph (1) applies.
“rim” has the same meaning as in section 2.19 of Annex II of Community Directive 92/23;
“S mark” means a designated approval mark of a description specified in item 30B of Schedule 2 or item 33 of Schedule 4 of the Approval Marks Regulations including the relevant suffix indicating conformity with the requirements on tyre noise emissions;
“section width” has the same meaning as in section 2.12 of Annex II of Community Directive 92/23; and
“T-type temporary-use spare tyre” has the same meaning as in section 2.3.6 of Annex II of Community Directive 92/23, and “temporary-use spare tyre” has the same meaning as in section 2.3.5 if Annex II of Community Directive 92/23.”.
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