Interpretation ID: nht71-5.55

DATE: 05/13/71

FROM: AUTHOR UNAVAILABLE; Lawrence R. Schneider; NHTSA

TO: Patton; Blow; Verrill; Brand & Boggs

TITLE: FMVSR INTERPRETATION

TEXT: This is in reply to your letter of May 3, 1971, requesting an additional interpretation of the Tire Identification and Record Keeping Regulation.

If in fact, the vehicle manufactured is not considered a motor vehicle within the meaning of the Act and the mini-bike interpretation (34 F.R. 15416) (copy enclosed), then Part 574, the Tire Identification and Record Keeping Regulation, and section 113 (15 U.S.C. 1402) will be inapplicable.

SINCERELY,

PATTON, BLOW, VERRILL, BRAND & BOGGS

May 3, 1971

Lawrence R. Schneider, Esq. Acting Chief Counsel, NHTSA

Re: Your reference 40-30

Thank you for your letter of April 28th in response to my letter of April 12th which requested confirmation of my interpretation of certain requirements of MVSS Part 574. Your reply raises an additional question which I would appreciate having answered by your office.

Your letter states that "the regulation does not apply to tires manufactured exclusively for the [off-road vehicle]." The underscored words "manufactured exclusively" concern me inasmuch as I pointed out in my April 12 letter that Cushman frequently utilizes DOT coded tires on golf carts and other off-road vehicles -- that is, tires that could also be used on on-road vehicles. The question remains, therefore, whether the record-keeping requirements as well as the requirements of Section 15 U.S.C. @ 1402 apply in the case of tires that could be used for either on-road or off-road vehicles but are in fact utilized on off-road vehicles.

In light of the foregoing, I find it necessary to repeat my request for confirmation of the analysis made in my April 12 letter as follows:

"As I understand it, Cushman is not required to follow the Part 574 record keeping with respect to tires installed

2 on such vehicles [off-road], nor would the other requirements of 15 U.S.C. @ 1402 apply. Further, as I read Part 574, Cushman has no obligation to report to the tire manufacturer any information regarding tires purchased for installation on off-road vehicles."

In the event that you have any questions in connection with the foregoing, please do not hesitate to contact me.

Charles O. Verrill, Jr.