Interpretation ID: aiam3402
Merchandizing Manager
Continental Products Corporation
1200 Wall Street West
Lyndhurst
NJ 07071;
Dear Mr. Finn: This is in response to your letter of April 22, 1981, regardin marketing of Continental's ContiContact steel belted mud and snow tire as an all-season tire. You ask whether there are any governing criteria for what constitutes an all- season tire, and, if a tire is advertised as an all-season tire, whether it must be graded under the Uniform Tire Quality Grading (UTQG) Standards. You also ask whether it would be legal to market this tire as an all-season tire.; As you know, deep tread, winter-type snow tires are not within th coverage of the UTQG regulation (49 CFR S575.104(c)(1)). On May 24, 1979, the National Highway Traffic Safety Administration published in the Federal Register its interpretation that all-season tires are not considered deep-tread, winter-type snow tires within the meaning of the regulation (44 F.R. 30139). All-season tires were described in that notice as those with a tread depth which permits safe operation throughout the year. The notice indicated the agency's intention to exempt from the coverage of the standard 'a strictly limited class of tires, the deep tread rubber and tread design of which makes year round use on passenger cars inadvisable.' Thus, a tire offered for sale by its manufacturer or brand name owner as suitable for all-season use could not be considered a deep tread, winter-type snow tire for UTQG purposes.; With regard to the legality of marketing the ContiContact tire as a all-season tire, mud and snow tires must meet Federal safety standards in the same manner as other passenger car tires. Also, a tire not suitable for its intended use could be considered to contain a safety-related defect in performance, construction, or materials, for purposes of the recall authority of Title I, Part B of the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1411, *et seq*.). Beyond these limitations, statutes and regulations administered by NHTSA do not restrict the sale of all-season tires.; Sincerely, Frank Berndt, Chief Counsel