Interpretation ID: aiam1276
Administrator
Maryland Department of Transportation
Motor Vehicle Administration
6601 Ritchie Highway
N.E.
Glen Burnie
Maryland 21061;
Dear Mr. Johnson: This is in further response to correspondence dated JUly 10, 1973 between the Maryland Department of Transportation and Mr. Bernard Nolan. Mr. Nolan had written to the Maryland State Attorney General's Office regarding the practice of tire dealers of selling tires that have been relabeled 'tube type' by their manufacturer, while representing that it was not necessary, and may even be unsafe, to install tubes in them. You attach a memorandum to you from Mr. Thomas J. Widerman which concludes that the practice does not violate any Federal or State law but recommend that Maryland's proposed tire safety standard be amended to prohibit the practice. You indicate to Mr. Nolan that you are forwarding the matter to this agency for appropriate action.; We believe this practice involves at least a technical violation of th National Traffic and Motor Vehicle Safety Act. Section 108(a) (1) of the National Traffic and Motor Vehicle Safety Act (15 U.S.C. S1397(a)(1)) prohibits, among other things,the sale of motor vehicle equipment manufactured after the effective date of an applicable safety standard that does not conform to the standard.; We believe a person who sells a 'tube type' tire as a tubeless tire i at least representing that the tire will meet the Federal standard applicable to tires, No. 109, without a tube. Accordingly, we believe that it is appropriate under the Safety Act to test that tire to the standard as a tubeless tire and, if failure occurs, to initiate civil penalty proceeding against the tire seller. That seller may also be liable for civil penalties for certifying the tire as conforming in a false and misleading manner (Sec 108(a) (3) of the Safety Act, 15 U.S.C. S 1397(a) (3)).; I am therefore referring the matter to our enforcement personnel wit the recommendation that they inquire into the matter.; However, I also concur with the recommendation of Mr. Widerman that specific prohibition against this practice be made part of Maryland law. NHTSA's enforcement procedures are civil in nature, and involve determinations that products fail to meet technical tests which are time consuming and costly to run. State criminal procedures would, in our view, be far more effective than NHTSA's procedures in dealing with situations such as this.; Sincerely, Lawrence R. Schneider, Chief Counsel