Code of Practice - Tyres Wheels and Component Parts
CODE OF PRACTICE ON ACTION CONCERNING THE RECALL OF TYRES, WHEELS AND ASSOCIATED PARTS IN THE VEHICLE AFTERMARKET
INTRODUCTION
This Code of Practice on action concerning the recall of replacement tyres, wheels and associated parts (hereafter referred to as “the Code”) , which has been drawn up by the Vehicle & Operator Services Agency (VOSA) representing the Department for Transport and the Tyre Industry Council in consultation with the Retail Motor Industry Federation and the Society of Motor Manufacturers and Traders Ltd, concerns cases where the tyre, wheel or associated parts (hereafter referred to as “products”) manufacturers or importers suspect, or become aware of, the existence of factors affecting the safe operation of products (“safety factors”) which have been sold for road use in the UK. The provisions of the Code are also to apply to imported products, with the qualification that the appropriate importer will assume the obligations of the manufacturer under the Code.
The Code deals with recall information to be given to VOSA and to users/purchasers of products bought as replacement equipment. This document does not cover studs, chains or other tyre accessories which may be fitted to a tyre.
Safety factors are any factors including but not limited to features of design, construction or specification of any of the products which are liable to cause significant risk of injury to the driver or occupant of the vehicle to which the products are fitted, or to others.
The consequences of non-compliance with any reasonable instructions or warnings which are issued by the manufacturer or importer and/or the industry association, or of abnormal use are outside the scope of this document.
CASES COVERED BY THE CODE
It will be a matter for judgement by a manufacturer or importer, in consultation with VOSA, whether the nature and extent of the possible safety factors involved justify a recall. A manufacturer or importer may decide to take action outside the Code to call back products for reasons unconnected with safety.
ARRANGEMENTS WITH INDIVIDUAL MANUFACTURERS OR IMPORTERS
VOSA may require a manufacturer or importer to supply it with the name of a co-ordinator responsible for dealing with a recall. This will be decided in discussion with the Industry. VOSA will normally divert to the co-ordinator requests or enquiries about recalls.
NOTIFICATION TO VOSA
It is the manufacturer’s or importer’s responsibility to decide when a recall is to be made. The manufacturer or importer will notify VOSA as soon as the manufacturer or importer has concluded that a recall should be instituted. The manufacturer or importer shall at that stage indicate:
a; the nature of the safety factor and its potential consequences
b; Evidence of the number of units involved (ie, appropriate manufacturing marks - batch numbers and size markings etc).
c; the action planned at that time to remedy the situation
The manufacturer or importer will agree with VOSA all subsequent decisions on remedial action.
INITIATIVES BY VOSA IN PARTICULAR CASES
VOSA may wish to seek information from the respective manufacturers or importer on alleged safety factors which have been brought to VOSA’s notice. In these cases, the manufacturer or importer will supply the relevant information.
The responsibility for deciding on remedial action lies with the manufacturer or importer, but VOSA may, at its discretion, offer advice on this.
NOTIFICATION OF USERS/PURCHASES
As soon as a decision to undertake a recall has been made by the manufacturer, importer or their appointed representatives, they will take all reasonable steps to notify all users/purchasers of the products affected. They may use any method at their disposal to notify users/purchasers in order to call in products for the purpose of examining or, if necessary, replacing them. This may include direct mailing to purchasers, notification of retail or wholesale outlets, on websites (including website contact addresses) via related Trade Associations or media publicity.
Manufacturers and importers will indicate to VOSA at 3 monthly intervals over a period of 18 months the response to each recall.
PUBLICATION OF INFORMATION BY VOSA
VOSA reserves the right, under Ministerial authority, to publish at any time any information of which it is notified, where this seems necessary in the public interest. Before doing this, VOSA will consult the relevant manufacturer or importer and advise the Tyre Industry Council and/or relevant trade associations, and will not disclose publicly information on matters of commercial confidence unless there appears to be overriding safety considerations. Subject to this proviso VOSA will make public at regular intervals a summary of information on action taken in cases notified under this code.
EXPORTED PRODUCTS
The Code does not cover products exported from the UK
FURTHER INFORMATION
This Code of Practice is drawn up and has been revised as a consequence of the implementation of Directive 2001/95/EC on general product safety and the General Product Safety Regulations 2005 and is not intended to interpret, qualify or supplement English Law.
You retain your rights under the Regulations and copies can be obtained from The Stationery Office
Any further information is obtainable by contacting VOSA via the details provided below.
This Code of Practice is produced in tandem with the VOSA Guide to Recalls and acknowledged within the Europe Recall Guide.
For Further Information Contact: Vehicle Safety Branch, Vehicle and Operator Services Agency, Berkeley House, Croydon Street, Bristol, BS5 0DA. Tel: 0117-9543300 or www.vosa.gov.uk
Document Reference: VSBCOP002 Issue: 1 (03/07) Origin: VSB1 Document Review Date: 08/2007 |
Document History
Issue 1 - March 2007
Page last updated: 14/01/2009