Interpretation ID: nht74-4.6

DATE: 06/27/74

FROM: AUTHOR UNAVAILABLE; James B. Gregory; NHTSA

TO: House of Representatives

TITLE: FMVSS INTERPRETATION

TEXT: This is in reply to your letter of May 29, 1974, concerning a problem with retreaded tires experienced by your constituent, Mr. Leon Mentzer of Lancaster. Mr. Mentzer was concerned that a pair of retreaded tires which he purchased and returned as the new tread came off after 15 miles were, according to the dealer, to be retreaded again and resold. He asks if there are Federal regulations regarding retreads.

Federal Motor Vehicle Safety Standard No. 117 (49 CFR 371.117 (copy enclosed)) does specify certain requirements for passenger car retreaded tires, primarily in the areas of rasing selection and processing, treadwear indicators, and labeling. The standard at one time contained performance requirements as well, but these requirements were successfully challenged in an industry-sponsored lawsuit (H & H Tire Company v. Volpe, 471 F.2d 350 (7th Cir. 1572). The re-retreading of a tire in the situation described by Mr. Mentzer would not fail to conform to Standard No. 117 if the casing were not damaged in a manner described in the standard. A further retreading, if done properly, would not necessarily be unsafe.

ENCLS.

Congress of the United States

House of Representatives

May 29, 1974

James B. Gregory Administrator National Highway Traffic Safety Administration

My constituent, Mr. Leon Mentzer, R.D. 6, Box 951, Lancaster Pennsylvania 17604, has expressed concern to me in regard to two re-capped tires he recently purchased.

After driving on the tires for approximately fifteen miles, the re-tread came apart. After retaining an attorney he did succeed in getting a refund of his purchase price. What concerned him more was a remark made by the seller when the tires were returned to the effect that they would be re-capped and resold.

Mr. Mentzer wonders if there are Federal regulations regarding re-capping of tires. Any information you may be able to provide which I may send along to him would be much appreciated.

Edwin D. Eshleman