Interpretation ID: 1983-3.7

TYPE: INTERPRETATION-NHTSA

DATE: 09/15/83

FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA

TO: Bandag Inc.

TITLE: FMVSR INTERPRETATION

TEXT:

Frank B. Hill, Esq. Patent and Trademark Counsel Bandag, Inc. Bandag Center Muscatine, Iowa 52761

Dear Mr. Hill:

This responds to your recent letter to Mr. Kratzke of my staff, asking about marking requirements applicable to truck tires retreaded for non-highway use. You stated in your letter that the retreaded tires would be mounted only on vehicles used in shipyard areas to move cargo around. I will answer the three questions you raised in the order you presented them.

1. Is it required that a retreader put its DOT identification mark of truck tires when they are retreaded for non-highway use?

It is not possible to give a simple yes or no answer to this question. 49 CFR Part 574, Tire Identification and Recordkeeping, sets forth certain marking requirements which must be met by manufacturers and retreaders of tires, including the requirement in section 574.5 that a DOT identification mark be molded on all new and retreaded tires. However, section 574.1 specifies that the requirements of Part 574 apply only to new and retreaded tires for use on motor vehicles. Hence, the question which must be answered to determine if a retreaded is required to put its DOT identification mark on a retreaded tire is whether the tire is for use on motor vehicles.

"Motor vehicle" is defined at 15 U.S.C. 7391(5) as "any vehicle driven or drawn by mechanical power manufactured primarily for use on the public streets, roads and highways, except any vehicle operated exclusively on a rail or rails." If these retreaded tires are for use on forklifts or other types of mobile construction equipment intended and sold primarily for off-road use, the retreader would not be required to mold a DOT identification mark on the tires, because the tires would not be for use on motor vehicles. This is true even if these types of vehicles are incidentally used for highway travel from one job site to another.

If, on the other hand, the vehicles on which the retreaded tires are mounted are conventional on-road trucks simply being used in a shipyard, the retreaders would be required to comply with the requirements of Part 574, because the tires are for use on motor vehicles. The determination of whether the retreaded tires are for use on motor vehicles must be made initially by the retreader, but it would be subject to review by this agency.

2. If a DOT identification mark is not required, is there any other notice that is required on the retreaded trucks tires, retreaded for non-highway use?

If the retreaded truck tires are not subject to the Part 574 marking requirements, because they are not for use on motor vehicles, there are no other marking requirements applicable to retreaded truck tires.

3. If no notice is required and the DOT identification mark is not required, would it be permissible to place a disclaimer notice such as "Not Retreaded for Highway Use" on the retreaded truck tire?

This sort of notice would be permitted, and would be a useful disclosure for the retreader and the user of the tire, to show the intended use of the tire. Such a notice would not affect the retreader's duty to determine whether the tire was retreaded for use on motor vehicles, and mold its DOT identification mark on the sidewall of the tire if it were for use on motor vehicles.

Should you have any further questions or need more information on this subject, please contact Mr. Steve Kratzke at this address or at (202) 426-2992.

Sincerely,

Frank Berndt Chief Counsel

August 4, 1983 FBH:83-583

Mr. Steve Kratzke National Hwy. Traffic Safety Admin. Legal Department Room 5219 400 7th Street, S.W. Washington, DC 20590

Dear Mr. Kratzke:

I would appreciate receiving an opinion from you on the requirements that a retreader would have in reference to retreading truck tires for non-highway use. Specifically, the application of retreaded truck tires being used in shipyards to move cargo in the shipyard area only.

I have three specific questions:

1. Is it required that a retreader put their DOT identification mark on truck tires when they are retreaded for non-highway use?

2. If a DOT identification mark is not required, is there any other notice that is required on the retreaded truck tires, retreaded for non-highway use?

3. If no notice is required and the DOT identification mark is not required, would it be permissible to place a disclaimer notice such as "Not Retreaded for Highway Use" on the retreaded truck tire?

As soon as you have had an opportunity to review this matter, I would appreciate receiving your opinion.

Very truly yours,

Frank B. Hill Patent and Trademark Counsel

FBH:jl