Interpretation ID: aiam2698
Akin
Gump
Hauer & Feld
1100 Madison Office Building
1155 Fifteenth Street
N.W.
Washington
D.C. 20005;
Dear Mr. Zeiler: This responds to your September 26, 1977, letter asking severa questions about the applicability of Standard No. 120, *Tire Selection and Rims for Motor Vehicles Other Than Passenger Cars*, to rims modified subsequent to their initial marking by the rim manufacturer.; Standard No. 120, as it applies to rim manufacturers, requires onl that the manufacturer mark the rim with the information outlined in section S5.2 of the standard, The standard does not contain substantive performance requirements for tire rims that would necessitate extensive testing to comply with the requirements.; In cases where your client modifies previously marked rims, he migh have some responsibilities for compliance with the standard. For those rims where the center disc is only added or altered by your client, there would be no requirement for him to provide his own markings on the tire rim. The rim manufacturer's markings would still contain the accurate size information.; For rims that your client modifies by the insertion of a steel plat increasing the dimensions of the rim, he becomes the rim manufacturer, As a rim manufacturer, it is his responsibility to mark the rim with the information listed and in the manner prescribed in S5.2 of the standard. This information includes the DOT symbol which indicates that he has complied with the requirements of Standard No. 120. Since the rim would have been marked initially with a different size, the National Highway Traffic Safety Administration (NHTSA) would require that the first markings be removed from the rim the avoid the possibility of confusion to persons who might read the incorrect size listing. This could result in the mismatching of a tire to the modified rim.; In a conversation between Ms. Maryanne Kane of your office and Mr Roger Tilton of my staff, it was asked whether the NHTSA Standard No, 120 requirements would be applicable to rim manufactured entirely for off-road use. The NHTSA regulates only motor vehicles and motor vehicle equipment. by definition a motor vehicle is a vehicle used on the roads. Accordingly, vehicles designed for off-road use do not fall within the ambit of our regulations. The same is true for equipment designed for use on those off-road vehicles. The determination of whether a vehicle is an off-road vehicle depends upon its use. I have enclosed an interpretive letter that described the criteria for determining what vehicles are motor vehicles under the National Traffic and Motor Vehicle Safety Act (Pub. L. 89-563) (the Act).; You should note further that any time your client undertakes a alteration of a rim, he is performing a manufacturing function that places him within the scope of the Act. Therefore, he would be responsible for any safety-related defects resulting from his manufacturing processes.; Sincerely, Joseph J. Levin, Jr., Chief Counsel