SuperSpark talks tyres

Koos from Kamieskroon had an interesting question for SuperSpark regarding tyres during the 6-month period as prescribed by Section 56 of the Consumer Protection Act (CPA) (Implied Warranty of Quality).

Dear SuperSpark

I sold a vehicle to a customer who returned the vehicle after four months. He then insisted that I replace the two front tyres as they were now below the 1 mm depth, as prescribed by the SA Road Traffic Act Regulations.

The customer quoted the Consumer Protection Act, stating that the vehicle is no longer “fit for the purpose” – as prescribed by the Act.

What are my rights?

Kind regards

Koos
Kamieskroon


SuperSpark replies:

Dear Koos,

Nice to hear from you!

In terms of the law, the tread on tyres must be at least 1mm deep across the tyre’s entire width over the full circumference of the tyre. This is the legal limit.

The average distance driven per vehicle per year in South Africa is 20 000 km. If tyres would fall under the auspices of the Consumer Protection Act, it would then imply that the tyres would need to be replaced - if the kilometres travelled where less than 10 000 km.

I, however, believe that tyres are part of the maintenance of a vehicle, as would be servicing. You are then not liable to replace the tyres, Koos.

I strongly recommend that you implement a 2 mm standard as a bare minimum. We need to comply with the safety aspect of the vehicles that we sell.

All the best, until next time!

SuperSpark

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