Interpretation ID: 1985-02.36
TYPE: INTERPRETATION-NHTSA
DATE: 05/29/85
FROM: AUTHOR UNAVAILABLE; Jeffrey R. Miller; NHTSA
TO: Ab Tunaverken
TITLE: FMVSS INTERPRETATION
TEXT:
AB Tunaverken Narjeholmevagen 18 S-633 46 Eskilstuna SWEDEN (Sverige)
Dear Sirs:
This responds to your recent letter to this office seeking information about this agency's requirements applicable to the importation of rims for use on trucks and buses. You were particularly interested in learning the requirements for you to use the DOT symbol on your rims, and asked what technical support the agency would need to make that determination.
All rims for use on trucks and buses which are imported into or sold in the United States customs territory must satisfy Federal Motor Vehicle Safety Standard No. 120, Tire Selection and Rims for Motor Vehicles Other Than Passenger Cars (49 CFR S571.120; copy enclosed). This standard specifies two requirements applicable to these rims. The first requirement, set forth in section S5.1.1, is that the rims mounted on a new vehicle must correspond with the size tire on the vehicle. That is, the rim size must be listed as suitable for use with that tire size by the tire manufacturer. This requirement is the sole responsibility of the vehicle manufacturer, since only the vehicle manufacturer knows what size tires will be mounted on the rim.
The second requirement, set forth in section S5.2, is that the rim be marked by the rim manufacturer with five specified items of information. These are:
(1) A specified designation indicating the source of the rim's published nominal dimensions;
(2) The rim's size designation and, in the case of multipiece rims, the rim type designation;
(3) The symbol DOT, which constitutes a certification by the rim manufacturer that the rim complies with the applicable requirements of the safety standards;
(4) A designation identifying the rim manufacturer by name, trademark, or symbol; and
(5) The month and year in which the rim was manufactured.
You stated that you were interested in knowing the requirements for you to mark your rims with the symbol "DOT." The United States does not use a certification process similar to the European countries, in which the manufacturer delivers the rims to be certified to a governmental entity, and that entity tests the rims to determine if they can be certified as complying with the applicable standards. Instead, in the United States, the individual rim manufacturer must certify that its rims comply with all applicable standards. In the case of rims for use on trucks and buses, Standard No. 120 contains all the applicable requirements. The certification need not be based on actual tests; the only requirement is that the manufacturer exercise due care when making the certification. Obviously, in the case of rims for use on trucks and buses, no testing is necessary since the standard only sets marking requirements for those rims. Once the manufacturer determines that these rims satisfy those requirements, it marks the symbol "DOT" on the rims.
If either your company or this agency determines that your rims do not comply with the requirements of Standard No. 120 or determine that the rims contain a defect related to motor vehicle safety, your company would be required to remedy the defect or noncompliance. Section 154(a)(2)(B) of the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1414(a)(2)(B) specifies that, if the rims fail to comply with Standard No. 120 or contain a safety-related defect, the manufacturer must notify purchasers of the safety-related defect or noncompliance and must either:
(1) repair the rim so that the defect or noncompliance is removed; or
(2) replace the rim with an identical or reasonably equivalent rim which does not have a defect or noncompliance.
Whichever of these options is chosen, the rim manufacturer must bear the full expense and cannot charge the rim owner for the remedy if the rim was first purchased less than 8 years before the notification campaign.
Additionally, I am enclosing copies of two procedural rules which apply to all parties subject to the regulations of this agency. The first is 49 CFR Part 566, Manufacturer Identification. This requires your company to submit your name, address, and a brief description of the items of equipment you manufacture (aluminum wheels for cars, trucks, and buses) to the agency within 30 days of the date your wheels are shipped into the United States.
The other regulation is 49 CFR Part 551, Procedural Rules. This regulation requires all manufacturers headquartered outside of the United States to designate a permanent resident of the United States as the manufacturer's agent for service of process in this country. The individual designated as the agent may be either a person or a business entity. Part 551 specifies that the designation of agent must contain the following six items of information:
1. A certification that the designation is valid in form and binding on your company under the laws, corporate by-laws, or other requirements governing the making of the designation at the time and place where it is made;
2. The full legal name, principal place of business, and mailing address of your company;
3. Marks, trade names, or other designation of origin of any of your wheels and rims which do not bear the name of your company;
4. A statement that the designation shall remain in effect until withdrawn or replaced by your company;
5. A declaration of acceptance duly signed by the agent appointed by your company, and that agent may be an individual, firm, or U.S. corporation; and
6. The full legal name and address of the designated agent.
This designation should be received by this agency before you ship your wheels and rims into the United States.
If you need further information, or a clarification of any of the information contained herein, please do not hesitate to contact me.
Sincerely,
Jeffrey R. Miller Chief Counsel
Enclosures
Chief council National Highway traffic Safety Administration 400 7th street S.W. Washington D.C. 20590 USA
Attn: Steven Kratcke.
Dear Sir!
Tunaverken is a manufacturer of aluminium wheels for cars, trucks and buses.
Since half a year there have been requests from bus and truck manufacturers that they should be able to use our wheels on buses and trucks used in the USA.
We would like to know the requirements in order to use the "DOT" symbol. Are all requirements in the S 571.120 Standard No. 120 Tire selection and Rims for Motor vehicles other than Passenger Cars. What technical support do You need, test reports a.s.o. If the vehicle manufacturer sells the wheels with its own name on the wheel and not ours, should they apply for the "DOT" symbol?
We would appreciate very much if we could get an answer soon.
Yours Sincerely
AB TUNAVERKEN MK:bam