Interpretation ID: 77-1.9

TYPE: INTERPRETATION-NHTSA

DATE: 01/18/77

FROM: AUTHOR UNAVAILABLE; Frank A. Berndt; NHTSA

TO: Oaklahoma Department of Public Safety

TITLE: FMVSR INTERPRETATION

TEXT: This is in response to your December 16, 1976, letter concerning tires marked "Reno Farm Tire--Farm Use Only" that are appearing on some passenger cars in Oklahoma. I understand that the DOT symbol is also marked on the sidewalls of these tires, as a certification of conformity to Federal Motor Vehicle Safety Standard No. 109, New Pneumatic Tires -- Passenger Cars.

Paragraph S6 of the standard precludes the manufacture of farm tires in passenger car tire sizes unless those tires conform to and are certified as conforming to all aspects of the standard. There is not, however, any provision in Standard No. 109 that prohibits the additional marking that you have described on a tire that is manufactured and sold for passenger car use. No safety issue appears to be presented by this situation.

You have also asked who is responsible for compliance with the Tire Identification and Recordkeeping regulation (49 CFR Part 574, copy enclosed). That regulation creates various obligations for tire manufacturers, motor vehicle manufacturers, motor vehicle dealers, and others. Where a tire manufacturer sells tires to a trailer manufacturer, the presence of the "Farm Use Only" marking has no effect on those obligations.

SINCERELY,

Oklahoma Department of Public Safety

December 16, 1976

Frank Berndt Acting Chief Counsel NHTSA

In the State of Oklahoma, there is now appearing on some passenger cars tires which were manufactured by UniRoyal, Inc. These tires are labeled "Reno Farm Tire -- Farm Use Only". Apparently, these tires meet FMVSS 109, as they do bear DOT on the side wall. While we are fully cognizant that NHTSA has allowed the labeling "Reno Farm Tire", we would like to know why a tire manufacturer has the prerogative of labeling a tire with any type labeling such as Farm Use Only, Farm Implement, etc., even though the tire presumably meets FMVSS 109.

Additionally, assuming the tire manufacturer sold this type of tire marked "Farm Use Only" to a manufacturer of trailers, who becomes responsible for complying with Part 570 of FMVSS Tire Records and Identification?

Lt. C. R. Townsend, Director Motor Vehicle Inspection Division