Interpretation ID: nht76-1.35

DATE: 04/14/76

FROM: AUTHOR UNAVAILABLE; Francis Armstrong; NHTSA

TO: Bemperit of America, Inc.

TITLE: FMVSS INTERPRETATION

TEXT: This confirms a telephone conversation between yourself and Mr. George Chifflett, a member of my staff, on March 12, 1976. In that conversation a telex from Semperit, Austria, was discussed and the following points were made:

1. Motor-driven cycles (mopeds) need not be equipped with tires conforming to Federal Motor Vehicle Safety Standard (FMVSS) No. 119, until September 1, 1976. Of course, if the tires were manufactured after March 1, 1975, they would have to conform (see paragraph S5.1.1 of FMVSS No. 120 and paragraph S3 of FMVSS No. 119, highlighted copies enclosed).

2. All tires manufactured after May 22, 1971, must be marked in accordance with Title 49, Code of Federal Regulations, Part 574 (49 CFR 574), Figure I (copy enclosed). Tires on mopeds being offered for sale must be marked accordingly. If branding would weaken the tire sidewall, replacement might be the only solution to the problem.

3. FMVSS No. 119, applies to all covered tires manufactured on or after March 1, 1975. It does not apply to tires in aftermarket inventory that were manufactured before that date.

4. "Federal Register Car [CFR] 393 Docket Number MC-56 Notice Number 75-19," pertains to a Bureau of Motor Carrier Safety regulation that applies to vehicles being used as interstate carriers. It does not apply to vehicles being manufactured or offered for sale. As stated before, vehicles manufactured on or after September 1, 1976, must be fitted with tires that meet FMVSS No. 109 or 119.

5. The post March 1975 labeling described in your telex does not meet the requirements of FMVSS No. 119.

(a) The symbol "DOT" must appear before the manufacturer's identification code number, as a certification that the tire complies with the standard. "TIRE" may appear elsewhere on the tire, but it is not required.

(b) The composition of the ply cord material must also appear.

(c) While the labeling "Maximum Speed 30 MPH" is not prohibited, the standard does not presently recognize a category of speed-restricted motorcycle tires. Moped tires are subject to the same performance requirements as other motorcycle tires, most notably, the high speed and endurance test requirements. An amendment on the subject is being considered, but no firm decision has been made.