Fenders / mudguards / spray suppression devices

[BLACKROD]

Mudguards are a 'Construction and Use' requirement, but not an MOT requirement.

MOT: Mudguards are not required in the MOT regulations, but if fitted the tester will check that they are safe and secure.

C&U: The C&U regulations are open to interpretation, as they refer to creating spray or kicking up mud in wet conditions.
Some choose to interpret that as meaning fenders are not required in dry conditions.
Police officers may or may not agree with this interpretation.

So this is still a grey area, people's opinions and experiences differ. From forum posts we know that:

- Some rodders have driven fenderless for years with no problems.

- Some Prohibition Notices have been issued, cars 4 wheel lifted away, and fines handed out.

- One court case was successfully contested, on the basis that the fenders are there to catch any water/mud, so on a dry day there cannot be an offence.

- A member was fined for running fenderless. £50 plus costs (£35 police to take to court & £15 Victim support surcharge)
However this is not an endorsable offence, so no points on the license.


If you choose to run fenderless, a set of attachable fenders carried in the boot could help to avoid the worst, if conditions become wet, or if you are stopped.

The Road Vehicles (Construction and Use) Regulations 1986:
http://www.legislation.gov.uk/uksi/1986/1078/contents/made

[1960Zody]

Mudguards will not become an MOT item

As people know, there has been a EU directive issued that seeks to harmonise vehicle testing procedures across the union.
The 'new' test is due to commence on January 1st 2012 and includes a number of 'Extra' items that were not previously tested.

Reading through the directive there was a section that referred to 'Mudguards (wings), spray suppression devices’ and the test would be whether they were:

(a) Missing, loose or badly corroded.
(b) Insufficient clearance to road wheel.
(c) Not in accordance with the requirements

Although this was in a section that also referred to 'Cab Steps', the directive didn't make it clear if this also referred to private cars.

Since we, at ACE, like to have clarity on potential rulings and get things in writing I wrote to my MEP, Mary Honeyball asking exactly that.

The good news is that, for private cars, they will not be subject to testing.
Her answer was:

When questioned on the item ‘Section 6.2.10 Mudguards (wings), spray suppression devices’, the Department for Transport replied that they have taken the view that it applies to HGVs only, since the item explicitly refers to spray suppression devices.

It's no change to what we have at the moment, in that mudguards are a C&U requirement, but not an MOT requirement, but it's good to have it confirmed in writing.

[1960Zody]

This is the response that my MEP got back from the EU Transport Comission regarding Mudguards and the MOT, which muddies the waters to a degree.

As I was informed in a previous letter from another MEP, Dft have taken the veiw that the section only applies to HGV's where the Commission has worded their response it in such a way that if C&U requires them they will be tested.

At this point, since Dft set the MOT Regs, and unless or until they change their mind, it's business as usual.


The important piece in this is highlighted in itallics.

The Commission would like to inform the Honourable Member that as stated in paragraph 1 of Annex II to Directive 2009/40/EC as amended by Commission Directive 2010/48/EU the test must cover at least the listed items, provided that these are related to the equipment of the vehicle tested in the Member State concerned.

No distinction has been made in the list of inspection items between the different categories of vehicles that are inspected.
Wherever a reference is made to the accordance with requirements, these requirements are laid down by type-approval requirements at the date of approval, first registration or first entry into service as well as retrofitting obligations or national legislation in the country of registration.

Therefore, in the case of mudguards and spray suppression devices, if they are not required to be fitted to passenger cars, the issues of missing or non conforming devices will not be applicable.

Nevertheless, if such devices are fitted to a vehicle and show to be defective, a roadworthiness test might not be passed.As the transposition and application of the Commission Directive 2010/48/EU will be due by 31 December 2011 with the exception of paragraph 3 of annex II, which will be due by 31 December 2013, the Commission has not yet started the process of verification of the transposition by Member States.