about to put my 1971 restored beetle through, but unsure on the legality of the rear wheels?

the tread is in line with the arch but the curve on the side wall is about 1 1/2" past the arch?

is this a fail?

i always assumed (being into kit cars) you dont legally need mudguards, unless u drive in rain or mud, and in this case u carry a set of detachable guards in the boot!