Interpretation ID: aiam0375
Washington Representative
Trailer Coach Association
1800 North Kent Street
Suite 922
Arlington
VA 22209;
Dear Mr. Moss: This is in reply to your letter of June 7, 1971, requesting a interpretation of the applicability of the Tire Identification and Record Keeping Regulation to the mobile home and recreational vehicle industry.; You have asked if there is a specific regulation requiring the moto vehicle dealer to report tire data to the motor vehicle manufacturer when the vehicle is sold equipped with new tires installed by the manufacturer. There is no requirement that the vehicle dealer report tire data to the vehicle manufacturer, however, in the event the vehicle is sold with tires different from those shipped on or in the vehicle by the vehicle manufacturer, the vehicle dealer would have to report the name and address of the purchaser along with the tire identification number to the tire manufacturer.; You have asked if the Administrator would apply section 113(f) of th Act to require vehicle dealers to provide tire data to the vehicle manufacturer when the vehicle is sold equipped with tires installed by the vehicle manufacturer. The vehicle manufacturer is required to keep records of tires shipped on or in his vehicles as well as the name and address of the first purchaser. It is doubtful that any additional requirements will be considered unless this system appears to be ineffective.; Regarding your question whether there is a regulation requiring th vehicle manufacturer to report tire data to the tire manufacturer, there is no requirement that (sic) vehicle manufacturer report tire information to the tire manufacturer because the responsibility for issuing defect notification to the first purchaser of the vehicle rests with the vehicle manufacturer and not with the tire manufacturer.; You have also asked, in a situation where a vehicle dealer refuses t provide 'tire records' to the vehicle manufacturer, would this constitute a 'due care' defense for the vehicle manufacturer who would be unable to maintain the records required by the regulation. Because each enforcement action is handled separately, it is impossible to determine in advance whether this would be considered a 'due care' defense in the situation you describe, however, it would be taken into consideration before an enforcement action would be initiated. If vehicle dealers refuse to cooperate and provide first purchaser information which section 113(f) of the Act requires vehicle manufacturers to maintain, the Administration would consider issuing a regulation making this mandatory.; If we can be of any further assistance, please feel free to write. Sincerely, Lawrence R. Schneider, Acting Chief Counsel