Interpretation ID: nht70-2.13

DATE: 06/18/70

FROM: AUTHOR UNAVAILABLE; L. R. Schneider; NHTSA

TO: Capitol Tire Distributors

TITLE: FMVSS INTERPRETATION

TEXT: This is in reply to your letter of June 6, 1970, asking if you are violating the National Traffic and Motor Vehicle Safety Act, or, regulations issued pursuant to it, if you distribute tires marked seconds.

Neither the Act nor the regulations prohibit the sale of tires marked seconds. Manufacturers are required to certify that their product complies with Federal motor vehicle safety standards and do so by labeling each tire they they certify with the symbol "DOT". Tires that are certified by the manufacturer and marked "seconds" are not necessarily unsafe, as the "second" may be due to a cosmetic defect not affecting the tire's performance. In such cases, the distributor of the tire would not be in violation of the Act.

Sometimes a tire manufacturer will make a tire that he believes is defective in a way that affects the safety of the tire. Often, that manufacturer will mark the tire "farm use only" or "non-highway use" and then sell it. In such instances, he is supposed to remove the DOT symbol. Enclosed is a copy of a notice of proposed rulemaking dealing with this problem which may be of interest to you or your members.

Thank you for your interest in the motor vehicle safety program.