Interpretation ID: 1984-3.9

TYPE: INTERPRETATION-NHTSA

DATE: 08/17/84

FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA

TO: F.H. Tubbert -- Vice President, Operations, Ottawa Truck Corp.

TITLE: FMVSS INTERPRETATION

TEXT:

Mr. F. H. Tubbert Vice PReside, Operations Ottawa Truck Corporation 415 E. Dundee St. Ottawa, KS 66047

This responds to your recent letter to this office seeking an interpretation of the requirements of Standard No. 120, Tire selection and rims for motor vehicles other than passenger cars. (49 CPR 371.120). Specifically, you stated that your company has entered an agreement with a French manufacturer to market their multi-purpose vehicle in the United States. You further stated that while you have been upgrading the vehicle to comply with applicable safety standards, you have found a problem with Standard No. 120 as it applies to the tires on this vehicle. The vehicle is equipped with industrial class tires intended to provide "high flotation over various terraine". Standard No. 120 does not prohibit these multi-purpose vehicles from being equipped with industrial class tires.

Section 3 of Standard No. 120 specifies that the requirements of that standard apply to multipurpose passenger vehicles and trucks, and some other vehicle types not relevant here. A multipurpose passenger vehicle is defined in 371.3 as "a motor vehicle with motive power, except a trailer, designed to carry 10 persons or less which is constructed either on a truck chassis or with special features for occasional off-road operation." You have apparently tentatively determined that the vehicle you plan to market would be classified as a type of motor vehicle subject to Standard No. 120. Section 5.1.1 of Standard No. 120 reads as follows:

Except as specified in 3.1.3 each vehicle equipped with pneumatic tires for highway service shall be equipped with tires that meet the requirements of Standard No. 109 or Standard No. 19, and with rims that are listed by the manufacturer of the tires as suitable for use with those tires, in accordance with 4.4 of Standard No. 109 or 3.1 of Standard No. 119, as applicable. (Emphasis added)

Apparently the difficulty you perceive with this requirement is that the tires with which the vehicle is equipped are not certified as complying with Standards No. 109 or 119, nor are the rims listed as suitable for use with the tires, pursuant to the relevant sections of those standards.

However, the requirement in Standard No. 120 applies only to vehicles which are equipped with pneumatic tires for highway service. The language in section 3.1.1 of Standard No. 120 was intended to exclude these vehicles which the manufacturer decides to equip with tires other than "tires for highway service." See 42 FR 7140, at 1741; February 7, l977.

Your letter stated that the vehicle you plan to market will be equipped with "an industrial class tire which provides high flotation over various terraine". This agency does not consider industrial class tires to be tires for highway service and therefore vehicles equipped with such tires need not satisfy section 5.1.1 of Standard No. 120. For your information, a check by our Rulemaking division of the listings of industrial class tires shown in the American, Japanese, and European tire standardization organizations found no listing of the tire size which you stated would be original equipment on this vehicle (16.3/75 R 20TL). You may wish to contact the vehicle manufacturer to be sure that this size is correct, and to be sure that it is promptly categorized as an industrial class tire.

If you have any further questions or need further information on this subject, please feel free to contact Mr. Steve Kratzke of my staff at this address or by telephone at (202) 426-2992. Sincerely, Frank Berndt, Chief Counsel

July 23, l984 Office of Chief Counsel National Highway Traffic Safety Admin. Department of Transportation 400 Seventh Street SW Washington, DC

Dear Sirs: Ottawa Truck Corporation has entered into an agreement with Brimont, S.A., a french company, to market their multi-purpose vehicle in the United States.

In our efforts to upgrade the vehicle to meet Federal Motor Vehicle Safety Standards we find a problem with Standards ll9 and 120, Tires and Rims. These Standards apply primarily to on-highway vehicles.

Our vehicle is an all terrain vehicle designed to be fitted with a variety of attachments to perform work off-highway and to operate occasionally on-highway between job sites. For this reason the vehicle is equipped with an industrial class tire (16.5/75R 20TL) which provides high flotation over various terrains. We request an interpretation of the application of these standards to our vehicle, whose primary use is off-highway. Sincerely, Ottawa Truck Corporation F. W. Tubbert Vice President, Operations FHT:jt