Interpretation ID: aiam4017
President
Mini City Ltd.
876 Turk Hill Road
Fairport
NY 14450;
Dear Mr. Scribner: This responds to your recent letter seeking an interpretation o Standard No. 109, *New Pneumatic Tires--Passenger Cars* (49 CFR S571.109). Specifically, you were interested in learning whether that standard applies to tires for use on 'antique and classic automobiles.' You stated that your firm deals in tires which are authentic replacement tires for antique and classic cars, and that none of those tires has ever been marked with a DOT number. Standard No. 109 requires that all new pneumatic tires for use on passenger cars manufactured after 1948 be marked with DOT numbers, among other things, and there is no exception to this requirement for tires designed for 'classic' cars.; It is unclear when you refer to a 'DOT number' whether you ar referring to just the tire identification number, which is required to appear on all new tires for use on passenger cars manufactured after 1948 by 49 CFR Part 574, *Tire Identification and Recordkeeping*, or that identification number together with the symbol 'DOT.' The DOT symbol is a certification by the tire manufacturer that the tire complies with all the requirements of Standard No. 109. I have enclosed copies of both Standard No. 109 and Part 574 for your information.; In any event, Standard No. 109 applies to *all* new pneumatic tires fo use on passenger cars manufactured after 1948. Section S4.3.1 of the standard requires the DOT symbol to be permanently marked on the tire, while section S4.3.2 requires the tire identification number assigned to a manufacturer in accordance with Part 574 to be permanently marked on the tire. Standard No. 109 contains no provisions making an exception to these requirements.; Accordingly, if the antique and classic cars to which you refer wer manufactured in or before 1948, the tires are not subject to Standard No. 109 or Part 574. Sale of such tires would not violate any of this agency's requirements.; If, however, the tires are designed for use on cars manufactured afte 1948, the tires must comply with all requirements of Standard No. 109, including the requirements to have a DOT symbol and a tire identification number marked permanently on the sidewall. If you sell tires which are subject to, but do not comply with, the requirements of Standard No. 109, you would violate section 108(a)(1)(A) of the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1397(a)(1)(A)). Section 109 of that Act (15 U.S.C. 1398) specifies a maximum civil penalty of $1,000 for each violation of section 108, and this agency would consider each sale of a noncomplying tire to be a separate violation.; If you need any further information on this subject, please contac Steve Kratzke of my staff at this address or by telephone at (202) 426-2992.; Sincerely, Erika Z. Jones, Chief Counsel