Interpretation ID: 77-3.5

TYPE: INTERPRETATION-NHTSA

DATE: 06/16/77

FROM: AUTHOR UNAVAILABLE; Joseph J. Levin Jr.; NHTSA

TO: National Tire Dealers & Retreaders Association Inc.

TITLE: FMVSR INTERPRETATION

TEXT: This is in reference to our letter to you dated September 17, 1976, denying your requested rulemaking on Part 574, Tire Identification and Recordkeeping. It has been brought to our attention that you interpret our letter to require that tire dealers actually complete the tire information forms themselves.

Section 158 of the National Traffic and Motor Vehicle Safety Act (the Act) (15 U.S.C. 1381, 1418) requires that

"[every] manufacturer of motor vehicles and tires shall cause the establishment and maintenance of records of the name and address of the first purchaser of each motor vehicle and tire produced by such manufacturer. . . . The Secretary may, by rule, specify the records to be established and maintained, and reasonable procedures to be followed by manufacturers in establishing and maintaining such records, including procedures to be followed by distributors and dealers to assist manufacturers to secure the information . . . ."

This section of the Act, therefore, places the responsibility for ensuring the establishment of these records upon the manufacturer who may be assisted by the dealer. Part 574 requires dealers to submit first purchaser information to manufacturers. The information that must be supplied to each manufacturer need not be entered on the required form by the dealer. The dealer may present the registration form to the purchaser and allow him to fill in the required information before he takes possession of the tire. Thus, the purchaser would complete the form prior to leaving the store, thereby obviating the need for additional store personnel to complete the forms. It is the dealer's responsibility, however, to ensure that the forms are filled out in their entirety.