Interpretation ID: nht72-6.50

DATE: 02/09/72

FROM: AUTHOR UNAVAILABLE; Lawrence R. Schneider; NHTSA

TO: George Diederich

TITLE: FMVSR INTERPRETATION

TEXT: This is in reply to your letter to Secretary Volpe concerning the Tire Identification and Record Keeping regulation (49 CFR 574).

It is unfortunate that you feel the way you do concerning the regulation. However, it does not appear to be an unreasonable burden on the seller of the mobile home to record the name of the purchaser of the mobile home and forward it to the manufacturer.

With regard to the need for the regulation the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1381 et seg.) was amended by adding section 113(f) (15 U.S.C. 1402) which requires manufacturers of tires to maintain the names of first purchasers. The amendment also provides that the Secretary may establish procedures for the maintainance of these records.

The legislative history of section 113(f) clearly indicates that the Congress recognized that in spite of defective tires reaching the marketplace, tire manufacturers had no way of notifying the purchaser of the defective tire and that he could be jeopardising his life and property, as well as the life and property of the general public, by continuing to use the defective tire.