Interpretation ID: nht75-2.1

DATE: 10/15/75

FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA

TO: The B. F. Goodrich Company

TITLE: FMVSS INTERPRETATION

TEXT: This is in response to your August 30, 1975, letter concerning the Federal Motor Vehicle Safety Standards applicable to tires which the manufacturer expects to be used on both passenger cars and trailers.

S2. of Standard No. 109 specifies:

This standard applies to new pneumatic tires for use on passenger cars manufactured after 1948. . . .

Similarly, S3. of Standard No. 119 specifies:

This standard applies to new pneumatic tires designed for highway use on multipurpose passenger vehicles, trucks, buses, trailers and motorcycles manufactured after 1948. . . . (emphasis added)

These standards are mutually exclusive. Therefore, dual markings indicating compliance with the performance requirements of each are not permitted. A tire whose predominant contemplated use is on passenger cars is subject to Standard No. 109, even if the manufacturer knows it will also be marketed as a trailer tire. The choice of standard to which the tire will be certified should be made by the manufacturer. The NHTSA will accept a manufacturer's good faith determination of the applicable standard. You should note that if the tire is certified as conforming with Standard No. 119, its use as original equipment on passenger cars is prohibited by Standard No. 110. (The proposed Standard No. 120, however, would permit the use of passenger car tires on vehicles other than passenger cars, subject to a 10 percent load rating correction factor.)

Please note further that a tire which is subject to Standard No. 109 must be of a size designation listed in Appendix A of that standard. Conversely, any tire labeled with a size designation which is listed in that appendix is subject to Standard No. 109.

The final paragraph of your letter discussed "certain types and classes of equipment [determined by the NHTSA to be] non-trailers by definition." You appear to be referring to vehicles which are not "trailers" because they are not "motor vehicles" or items of "motor vehicle equipment" as the latter terms are defined by the National Traffic and Motor Vehicle Safety Act of 1966, as amended. No Federal Motor Vehicle Safety Standards apply to units which are neither motor vehicles nor motor vehicle equipment. The manufacturers of such units may equip them with tires of their choice.

ATTACH.

The B. F. Goodrich Company August 30, 1975

Office of Chief Counsel National Highway Traffic Executive Administration U.S. Department of Transportation

Dear Sir:

We at B. F. Goodrich seek an agency interpretation under current Rules, Regulations, Orders or Standards as to the specific performance requirements called for a passenger tire when its expected use is known or contemplated to be put into service as a trailer tire.

As you are undoubtedly aware, prior to the effective date of MVSS 119 (49CFR 571.119-effective March 1, 1975) certain sizes of passenger tires were used as trailer tires, particularly with certain light trailers such as boating and/or horse trailers. Light trailers of this class appear to meet the definition of a "trailer" as defined by 49CFR 571.3(c) as:

"Trailer means a motor vehicle with or without motive power, designed for carrying persons or property and for being drawn by another motor vehicle."

For certain size tires. The B. F. Goodrich Company has passenger tires, which of course, in order to be marketed as a passenger tire must be in compliance with and meet all requirements of MVSS 109 (49CFR 571.109); in those instances where the tire has the potential for use on a trailer, must such tire additionally meet and comply with all requirements of MVSS 119?

We are aware that MVSS 120, as of current date, remains NPRM for which an effective date is not yet established and which when issued will, to a substantial degree, further identify and control use and application of trailer tires through the designation of rim sizes for such tires.

We additionally seek further clarification as to just how such a dual-use tire should be identified and marketed; e.g. should the tire be marked with the MVSS 109 identification (applicable when sold as a passenger tire) and separately marked with the MVSS 119 identification (applicable when sold as a trailer tire) or in the alternative, would dual identification demonstrating compliance with both passenger and non-passenger tires be acceptable?

Further, it has been brought to our attention that your agency has designated certain types and classes of equipment as non-trailers by definition; such non-trailer equipment is readily illustrated as compressor units, cement mixers, welding units and the like which are frequently used by the construction industry for portable movement in and about construction sites. Normally, such equipment is an integral unit in and by itself, in that it does not carry "persons or property" which are detachable from the unit, which factor could cause such units to be identified as "non-trailers" and accordingly not reach necessity of compliance with requirements recited by MVSS 119. It is understood that such units are not intended for highway use and that when transported from one construction site to another, they are carried on a transport trailer specifically designed for highway movement of such equipment. Many manufacturers of such units desire to continue the use of passenger tires for this type application and if prior interpretations of your agency has identified and placed such units outside the scope of S1 of MVSS 119 (e.g. "for tires for use on multi-purpose passenger vehicles, trucks, buses, trailers, and motorcycles"), we request that such classes of "construction use equipment" be identified so that our passenger tires may be properly marked for such application.

Very truly yours,

C. D. McCarty -- Staff Attorney

cc: R. D. Buehler; J. L. Ginn; W. G. Wilson