Interpretation ID: 77-2.37

TYPE: INTERPRETATION-NHTSA

DATE: 05/18/77

FROM: AUTHOR UNAVAILABLE; Frank A. Berndt; NHTSA

TO: Lansdale; Carr & Baum

TITLE: FMVSR INTERPRETATION

TEXT: This responds to your March 25, 1977, letter asking whether your proposed tire registration card to be used by your retail tire stores meets the requirements of 49 CFR Part 574, Tire Identification and Recordkeeping.

The National Highway Traffic Safety Administration (NHTSA) does not issue advance approvals of compliance with agency standards or regulations. The agency will, however, give an informal opinion as to whether your registration card appears to satisfy the requirements of the regulation.

The proposed card that you submitted is similar to the example presented in Figure 3 of Part 574. Accordingly, it appears to comply with most of the requirements of that regulation. The actual seller of the tires, however, is not identified on the form. Since Part 574.7 requires that the tire seller be identifiable to the tire manufacturer, the form should disclose that information. Naming only the corporate office is insufficient, since that does not readily identify the store through which the tire was sold. The NHTSA suggests that the actual seller's name and address be provided on the card as shown on Figure 3.

It is our understanding that the tire seller will forward the cards to you who will then forward the information to the manufacturer. This process is acceptable to the NHTSA as long as the information is forwarded to the manufacturer within the time frame specified in Part 574.8.

SINCERELY,

Landsale, Carr & Baum advertising, marketing & management

March 25, 1977

Francis Armstrong, Director Office of Standards Enforcement Motor Vehicle Programs US Department of Transportation National Highway Safety Adminstration

We wish to submit the enclosed design for your approval to be used as a universal DOT identification card throughout our chain of retail tire stores.

This card was designed to conform to the requirements of Section 574.8 of the department's directive on universal formats, dated May 22, 1971.

We would appreciate hearing from you as soon as possible so that we can proceed with this project.

Paul Ideker

(Graphics omitted) (Illegible Text)

FIG 3. UNIVERSAL FORMAT

@ 574.8 Information requirements -- tire distributors and dealers.

(a) Each distributor and each dealer selling tires to tire purchasers shall submit the information specified in @ 571.7 (a) to the manufacturer of the tires sold, or to the manufacturer's designee.

(b) Each tire distributor and each dealer selling tires to tire purchasers shall forward the information specified in #571.7(a) to the tire manufacturer, or person maintaining the information, not less often than every 20 days. However, a distributor or dealer who sells less than 10 tires, of all makes, types and sizes during a 30 day period may wait until he sells a total of 10 tires, but in the event longer than 6 months before forwarding the tire information to the respective tire manufactures or their designee.

(c) Each distributor and each dealer selling tires to other tire distributors and dealers shall supply to the tire distributor or dealer to whom he sells tires a (Illegible Words) the information specifical in @ 571.7(a), unless such a means has been provided to that distributor or dealer by (Illegible Word) person or by a manufacturer.

(d) Each distributor and each dealer shall immediately stop selling any group of tires when so directed by a notification issued pursuant to Section 113 of the Act (13 U.S.C. 1102).

@ 574.9 Requirements for motor vehicle dealers.

(a) Each motor vehicle dealer who sells a used motor vehicle for purposes other than resale, or who leases a motor vehicle for more than (Illegible Word) days, that is equipped with new tires or newly retreated tires (Illegible Word) for purposes of this