Interpretation ID: aiam0239
President
Micro Machinery Products
Inc.
808 Main Street
Winchester
Massachusetts 01890;
Dear Mr. Meserve: Thank you for your comments and suggestions contained in your April 23 1970, letter to Mrs Douglas Toms concerning motor vehicle Safety.; In your letter, you ask that the Bureau clarify whether a dealer wh sells 'Micro-siped' tires that do not comply with Standard no. 109 would be subject to a civil penalty. Section 108(a) of the National Traffic and Motor Vehicle Safety Act of 1966 (15 U.S.C. *et seq*) prohibits any person from manufacturing for sale, selling or offering for sale any item of motor vehicle equipment unless it is in conformity with Federal Motor Vehicle Safety Standards. the prohibitions specified in the Act, do not apply after the first purchase in good faith for purposes other than resale (108(b)(1)). Therefore, if a dealer offers for sale or sells new tires that have been micro-siped and those tires do not comply with Standard No. 109 he would be subject to a civil penalty up to $1,000 for each tire that did not comply. This penalty provision would not be applicable, however, if the tires to be micro-siped are owned by the user of the tires.; It is noted for your information that section 569.7(c) of the Regroove Tire Regulation (formerly 369.7(c), copy enclose) prohibits sale, offer for sale, or introduction in interstate commerce 'siped tires produced by cutting the tread surface of a regrooved or regroovable tire without removing rubber, if the tire cord material is damaged as a result of the siping process, or if the tire is siped deeper than the original, retread, or regrooved groove depth.'; Your interest in the motor vehicle safety program is greatl appreciated.; Sincerely, Rodolfo A. Diaz,Acting Associate Director, Motor Vehicl Programs;