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1st June 2000, Page 29
1st June 2000
Page 29
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Page 29, 1st June 2000 — urnin rubber
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Which of the following most accurately describes the problem?

• Tyres are the driver's lifeline. Without suitable tyres to provide good grip and directional stability, a vehicle may become uncontrollable—with disastrous consequences. This is why drivers are constantly reminded that their own lives and those of other road users depend upon vehicles being fitted with tyres that comply with the law.

The law, set out in sections 24-27 of the Road Vehicles (Construction & Use) Regulations 1986 (as amended), makes it an offence to use, or cause or permit to be used on a road, a vehicle or a trailer with a pneumatic tyre which contravenes the requirements described below.

Tyres must not be unsuitable for the use to which the vehicle is being put, or in relation to the types of tyre fitted to the other wheels. It is an offence to have different types of tyres fitted to opposite wheels of the vehicle or trailer; for example, radial-ply tyres must not be fitted to a wheel on the same axle as wheels fitted with cross-ply tyres and vice versa.

On goods vehicles of more than 3,500kg gross weight, all tyres must have a tread depth of at least imm across three-quarters of the breadth of the tread and in a continuous band around the entire circumference of the tyre. For the remaining quarter of the width, where there is no requirement for the tread to be rmm deep, the base of the original grooves must be clearly visible.

The minimum tread depth for cars, light vans (not exceeding 3,500kg gross weight) and light trailers is r.6mm. This applies across the central threequarters of the breadth of the tyre and in a continuous band around the entire outer circumference.

All tyres must be inflated to the vehicle or tyre manufacturers' recommended pressures so as to be fit for the use to which the vehicle is being put (for example, motorway work or cross-country work). Under-inflation is the primary cause of motorway blow-outs.

Tyres must not have breaks in their outer fabric or cuts deep enough to reach the body cords which are more than 25mm, or -to% of the section width, in length (measured in any direction), whichever is the greater.

Tyres must not have any lumps, bulges or tears caused by separation or partial fracture of the tyre structure; no portion of the ply or cord structure may be exposed. Retreaded tyres in particular should be examined for any such defects.

Re-cut (re-grooved) tyres may be fitted to goods vehicles of more than 2,540kg unladen weight which have wheels of at least 4o5mm rim diameter, and to trailers we ing more than 1,020kg unladen weight and electric vehicles, but to no other vehicles. Care must be taken when re-cutting that the casing is not damaged: the manufacturer's instructions must be followed to the letter.

The regulations permit the legal use of "run-flat" tyres in a partially inflated or flat condition, and what are described as "temporary use" spare tyres. The only tyres of this type presently available are designed solely for private car/light vehicle use.

Where a temporary-use spare tyre is fitted the vehicle speed must not exceed 5 omph, otherwise the legal provision which permits their use ceases to apply. The temporary-use spare wheel and tyre must be of a different colour from the other wheels on the vehicle, and a label must be attached to the wheel giving clear information about the precautions to be observed when using it.

Tyres fitted to lightweight trailers must be designed and maintained to support the maximum axle weight of the trailer at its maximum permitted speed, 6omph.

It is an offence to sell car tyres unless they carry an "E" mark to show compliance with EU load and speed requirements. It is also an offence to sell retreaded car or truck tyres unless they are manufactured and marked in accordance with British Standard BS AU -r44b rg77. It is not an offence to buy such tyres—but it would be unwise to do so.

Tyres for heavy goods vehicles must show load and speed markings on the sidewall in accordance with UN ECE Regulation 30 or 54. These stated limits of both loading and speed performance must be strictly observed. Failure to do so can result in prosecution, and could invalidate insurance claims in the event of an accident to a vehicle loaded above the specified weight limit of the tyres or proved to be travelling at a speed in excess of the tyre limit.

Prosecution for any of the offences mentioned above in respect of a goods vehicle will lead to a maximum fine of 15,00o on conviction—and this amount could be multiplied if more than one tyre was defective (each defective tyre being a separate offence). The driver's licence could also be endorsed with three penalty points. If "danger" is alleged in the charge, the driver or vehicle owner may be disqualified from driving; however, this is not applicable if the owner is a limited company.

Eby David Lowe

TRANSPORT Vehide insurance

Motor Vehicles (Compulsory Insurance) Regulations 2000 have come into force. They amend the Road Traffic Act 1988, by

• Extending the insurance requirement to the use of vehides in public places other than roads;

• Making provision for the reporting of accidents and the production of insurance documents after an accident in a public place. SI 2000 No 726 costs £1.50 from the Stationery Office.

E-coms best practice COMPANY The Institute of Chartered Secretaries and Administrators (ICSA) is developing a Code of Best Practice for the Government's draft Electronic Communications Bill. The ICSA has issued a discussion document identifying several issues that must be addressed, including: • Shareholders getting documents electronically; • The timing of electronic communications; • Legal obligations surrounding information published online; • Electronic lodging of proxy forms. The ICSA Best Practice Guide will be available later in the summer.

• Electronic Communications for Companies: A Discussion on Best Practice is available free from The ICSA Policy Unit; phone 020 7580 4741. It is also on the Internet at www.icsa.org.uk/icsa/consults/elec_com.httn.

Audit/accounts thresholds The DTi has announced a two-stage proposal to raise the turnover threshold below which small companies may dispense with the annual audit. Subject to Parliamentary approval, the turnover limit will be increased to Lim for financial periods ending on or after 31 July z000; this is expected to rise to £4.8m.

The Company Law Review is considering whether, for thresholds between Lim and /4.8m, the audit should be replaced by a simpler, less costly form of assurance.

In addition, the DTi is to remove the requirement for dormant companies to pass a special resolution each year to gain audit exemption. Finally, the DTi believes that the SME accounting thresholds should be increased to the maxima permitted under EU law. However, implementation will wait for the final recommendations of the Company Law Review.

Competent authority

Regulations* came into force on I May 2000 which substituted the Financial Services Authority as the new competent authority for the purposes of Part IV of Financial Services Act 1986 (Official listing of Securities). *Official Listing of Securities (Change of Competent Authority) Regulations z000 (SI 2000 NO 968) COS42, from the Stationery Office.

EMPLOYMENT Minimum wage increases Following the first anniversary of the national minimum wage, the DTi has announced rate increases, as follows:

• Over 21S, from E.3. 6o to £3.70 per hour, from October;

• 18-21s, from L3.00 tof3.20, from x June. HEALTH & SAFETY Management of H&S The Health and Safety Executive (HSE) has issued the following guidance on the updated Management of Health and Safety Regulations 1999, in advance of the Approved Code of Practice (ACoP).

Regulation 7(8) makes it dear that employers should use competent employees, in preference to external sources, for competent advice and assistance on health and safety issues. If there is no worker in the organisation with relevant or sufficient competence, the employer should enlist the services of an external organisation or person. In some circumstances a combination of internal and external competence might be needed. Regulation 21 states that any act or omission by an employee or by a competent person appointed under Reg 7 cannot be relied upon by an employer as a defence, should the employer be prosecuted for breaches of health and safety law.

Management ACoP

The Health & Safety Commission has published an Approved Code of Practice to accompany the Management of Health & Safety at Work Regulations 1999. Management of Health eZ Safety at Work: Approved Code of Practice costs £8, from HSE Books; phone 01787 881165.

Hazardous substances

The HS E has published this year's edition of its list of occupational exposure limits. Eff4o/2000 costs £9.30 from H SE Books, phone 01787 881165.

TAXATION Making complaints

The Adjudicator's Office (AO) has issued two new leaflets explaining how to make complaints about the Inland Revenue and Customs & Excise, and giving details of the procedures the AO follows when investigating such complaints. Leaflets are free from the AO; phone 020 793o 2292. Further information can be found on the Internet at: www.opeimov.uk/adjoff.

Capital allowances

The Revenue's Taw Law Rewrite Project has published its ninth exposure draft, covering capital allowances. ED 9: Capital Allowances— Part 4 is available free from the Revenue; phone 020 7438 6420/5. It is also on the Internet at: www.inlandrevenue.gov.ukk rewrite/exposurejninth/ed9.htm.

Finance Bill

The Finance Bill 2000 has been published and is now available for £27.40 from the Stationery Office. Explanatory notes are also available for £20, from HM Treasury Public Enquiry Unit; phone 020 7270 4558.

Self-assessment returns Regulations have been laid before Parliament which will allow self-assessment income tax returns to be filed electronically. Taxpayers can register to use the new service now, but it will not start until the end of May. Income Tax Regulations (Electronic Communications) Regulations 2000 (Si 2000 No 945) will soon be available from the Stationery Office.


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