Interpretation ID: 77-3.8

TYPE: INTERPRETATION-NHTSA

DATE: 06/22/77

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

TO: J.A. Selsemeyer

TITLE: FMVSR INTERPRETATION

TEXT: This responds to your April 1, 1977, letter asking several questions concerning a manufacturer's responsibility for tires installed as original equipment on a passenger car.

You asked the following questions in your letter:

1. Are there any laws now in effect which pinpoint responsibility for the quality of tires received as original equipment on a new car?

Section 159 of the National Traffic and Motor Vehicle Safety Act of 1966 (the Act) (15 U.S.C. 1381 et seq.) places responsibility upon the vehicle manufacturer for compliance of original equipment with motor vehicle safety standards. However, Section 159 gives the National Highway Traffic Safety Administration the authority to shift to the tire manufacturer the responsibility for compliance of tires with Federal safety standards. You should note that the Act establishes responsibility for compliance with Federal regulations and does not establish remedies for litigants in private law suits.

2. Is it true that there is a federal law which makes it mandatory for United States auto manufacturers to buy original equipment tires in equal amounts from each domestic manufacturer of tires? If so, may I have a copy of this law?

There are no Federal laws of which we are aware that require vehicle manufacturers to purchase equal numbers of tires from each tire manufacturer.

3. What is the current status of safety testing as provided by law in 1966, but never implemented? This law was to be effective January 1, 1976 for radial tires, July 1, 1976 for bias-belted tires, and January, 1977 for bias-ply tires. Was it? If not, what are the prospects?

The regulation to which you refer is known as Uniform Tire Quality Grading and is found in the Code of Federal Regulations, Title 49, Part 575. The effective dates for implementation of tire quality grading standards for the three tire types you mention have been delayed by litigation. The agency intends to establish new effective dates shortly.

4. Can a customer of General Motors ask for and receive a service agreement for the tires at the time of sale of a car?

This is a contractual matter between the purchaser of a motor vehicle and General Motors. Federal regulations neither encourage nor discourage such arrangements.