Interpretation ID: aiam2085
the B.F. Goodrich Company
500 South Main Street
Akron
Ohio 44318;
Dear Mr. McCarty: This is in response to your August 30, 1975, letter concerning th Federal Motor Vehicle Safety Standards applicable to tires which the manufacturer expects to be used on both passenger cars and trailers.; >>>S2. of Standard No. 109 specifies: This standard applies to new pneumatic tires for use on passenger car manufactured after 1948...; Similarly, S3. of Standard No. 119 specifies: This standard applies to new pneumatic tires designed for highway us on multipurpose passenger vehicles, trucks, buses, *trailers* and motorcycles manufactured after 1948... (emphasis added)<<<; These standards are mutually exclusive. Therefore, dual marking indicating compliance with the performance requirements of each are not permitted. A tire whose predominant contemplated use is in passenger cars is subject to Standard No. 109, even if the manufacturer knows it will also be marketed as a trailer tire. The choice of standard to which the tire will be certified should be made by the manufacturer. The NHTSA will accept a manufacturer's good faith determination of the applicable standard. You should note that if the tire is certified as conforming with Standard No. 119, its use as original equipment on passenger cars is prohibited by Standard No. 110. (The proposed Standard No. 120, however, would permit the use of passenger car tires on vehicles other than passenger cars, subject to a 10 percent load rating correction factor.); Please note further that a tire which is subject to Standard No. 10 must be of a size designation listed in Appendix A of that standard. Conversely, any tire labeled with a size designation which is listed in that appendix is subject to Standard No. 109.; The final paragraph of your letter discussed 'certain types and classe of equipment [determined by the NHTSA to be] non-trailers by definition.' You appear to be referring to vehicles which are not 'trailers' because they are not 'motor vehicles' or items of 'motor vehicle equipment' as the latter terms are defined by the National Traffic and Motor Vehicle Safety Act of 1966, as amended. No Federal Motor Vehicle Safety Standards apply to units which are neither motor vehicles nor motor vehicle equipment. The manufacturers of such unit may equip them with tires of their choice.; Sincerely, Frank A. Berndt, Acting Chief Counsel