Interpretation ID: 19019.wkm

Ed Leboeuf, Legal Assistant
Office of the Chief Counsel
Kansas Department of Transportation
779-S, Docking State Office Building
915 SW Harrison
Topeka, KS 66612-1568

Dear Mr. Leboeuf:

Please pardon the delay in responding to your letter to Walter Myers of my staff, subject: Approval of a new type of stud tire. You stated that an inventor in Oklahoma, Mr. Allen D. West, acquired a patent on a stud tire in which the studs do not contact the road when the tire is fully inflated, but the studs are exposed when the tires are deflated to a certain pressure. You enclosed a copy of Mr. West's letter to your office and a copy of a letter to Mr. West from the Oklahoma Department of Public Safety. He stated in his letter to your office that he saw a Kansas statute giving the state the authority to approve such tires. You stated that the Kansas Department of Transportation does not do this, however, and you wanted to give Mr. West another place to turn to.

Chapter 301 of Title 49, U.S.C., commonly referred to as the Safety Act, gives this agency, the National Highway Traffic Safety Administration (NHTSA), the authority to issue Federal motor vehicle safety standards (FMVSS) applicable to new motor vehicles and new items of motor vehicle equipment. The Safety Act establishes a self-certification system in which the manufacturers of motor vehicles and equipment themselves certify that their product complies with all applicable FMVSSs in effect on the date of manufacture. NHTSA enforces compliance with the FMVSSs by purchasing motor vehicles and equipment and testing them. The agency also investigates defects relating to motor vehicle safety. Because of the self-certification system, NHTSA does not approve, disapprove, endorse, or determine compliance of any motor vehicle or item of equipment prior to the product's introduction into the retail market.

NHTSA has issued six FMVSSs applicable to tires, found at 49 CFR 571.109, 110, 117, 119, 120, and 129. Stud tires must meet the same requirements as non-stud tires. State laws may apply to the use of stud tires. We regret that we cannot provide information on the laws of individual states.

I am providing Mr. West a copy of this letter for his information.

I hope this information is helpful to you. Should you or Mr. West need any further assistance or additional information, feel free to contact Mr. Myers at this address, by telephone at (202) 366-2992, or by fax at (202) 366-3820.

Sincerely,
Frank Seales, Jr.
Chief Counsel
cc: Mr. Allen D. West, P.E.
Drawer 310
Catoosa, OK 74015-0310
ref:109
d.4/16/99