Interpretation ID: nht70-1.8

DATE: 05/13/70

FROM: AUTHOR UNAVAILABLE; G. C. Nield for Rodolfo A. Diaz; NHTSA

TO: K. L. Rosenberger

TITLE: FMVSS INTERPRETATION

TEXT: This is in reply to your letter of April 18, 1970, concerning the use of tires designed for racing purposes for street use.

The National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1381 et seq.) prohibits the sale of motor vehicle equipment that does not comply with applicable Federal Motor Vehicle Safety Standards. Therefore, it would be a violation of the Act if someone manufactured or sold a passenger tire that did not meet Standard No. 109. However, the Act does not apply to the use of non-conforming tires so that it would be the sale of such tires for street purposes, not the use, that would be a violation of the Act.

With regard to your comments that the California Highway Patrol considers these tires "OK" for street use, we understand that the restriction in the California regulations is presently limited to the prohibition of the sale of racing tires for street use but that legislation has been introduced which would prohibit the use of such tires for street purposes.