Interpretation ID: nht72-5.6

DATE: 09/26/72

FROM: AUTHOR UNAVAILABLE; Richard B. Dyson; NHTSA

TO: Blue Bird Body Company

TITLE: FMVSR INTERPRETATION

TEXT: This is in reply to your letter of August 24, 1972, requesting an opinion as to appropriate steps to take in certifying vehicles you complete when the chassis, as delivered to you, are equipped with tires which are inadequate for the loads the vehicles are intended to carry. You state you are presently certifying the vehicles on the basis of the load ratings of correct tires, arranging for these tires to be installed by the dealer, and requesting a notarized statement from him to that effect. As a basis for this procedure, you refer to our previous correspondence to you dated March 24, 1972, in which we authorized a somewhat similar procedure involving certain school buses.

As stated to you in our letter of March 24, the procedure outlined therein "is allowed only as to chassis that have already been received by Blue Bird as of the receipt of this letter . . ." Blue Bird is the final-stage manufacturer, and is responsible for the weight ratings applied to the vehicles presently in question. These ratings must be consistent with the definitions of those terms in the regulations, and must reflect the characteristics of the vehicles at the time of their sale to the consumer, assuming further manufacturing does not occur. Although you receive assurances from a dealer that he will change the tires, this will not absolve you from responsibility under the regulations should the dealer fail to do so. We are of the opinion that the best procedure for Blue Bird to follow is to replace the tires before delivery to the dealer.