Interpretation ID: nht76-5.56

DATE: 12/27/76

FROM: AUTHOR UNAVAILABLE; Frank A. Berndt; NHTSA

TO: Michael E. Bufkin

TITLE: FMVSR INTERPRETATION

TEXT: This responds to your November 12, 1976, question whether a tire brand name owner is required by @ 574.7(b) of Part 574, Tire Identification and Recordkeeping, to establish and maintain specified purchaser information on its tires if the distributor or dealer fails to provide that information as specified by @ 574.8 of the regulation. You also ask whether a tire registration form with dimensions other than those specified in Figure 3 of the regulation may be provided to tire distributors and dealers.

Section 158(b) of the National Traffic and Motor Vehicle Safety Act (15 U.S.C. @ 1418(b)) mandates the tire manufacturer's (including brand name owner's) responsibility to establish and maintain the purchaser information, independent of the distributor's or dealer's cooperation:

@ 158(a)(1)

(b) Every manufacturer of motor vehicle or tires shall cause the establishment and maintenance of records of the name and address of the first purchaser of each motor vehicle and tire produced by such manufacturer

Thus, the brand name owner's responsibility is a statutory one, independent of any interpretation of Part 574.

With regard to the size of the tire registration form, @ 574.7(a) permits the use of any size form unless a dealer requests forms that conform to the universal format set forth in Figure 3. The agency has interpreted the requirement for provision of the universal format to not apply in the case of a dealer that sells only one brand of tire.

SINCERELY,

LAW OFFICES OF MICHAEL E. BUFKIN

November 12, 1976

National Highway Traffic Safety Administration Compliance Division

I represent a tire brand name owner who has sought my advice on a number of questions under Part 574 - Tire Identification and Record Keeping - of your Regulations published in 36 F.R. 1197 on January 26, 1971, and as amended thereafter. Although these Regulations appear to be well written and clear on their face, there are a couple of points on which I desire clarification. My client sells passenger and truck tires to independent businessmen (dealers) who resell them to the consuming public (customer).

1. Does Section 574.7(b) impose upon a brand name owner the obligation to obtain the customer's name, address and tire identification number in those cases where the dealer fails to procure this information? If such a duty is imposed upon the brand name owner, how does he comply? It would be virtually impossible for him to comply where the dealer does not provide this information. My own interpretation of the Regulations is that the brand name owner does not have this duty but simply has a duty to maintain whatever records are forwarded to him from his dealers.

2. My client desires to use a tire registration form which is smaller than the prescribed 7-3/8" x 3-1/4" Universal Format shown in your Figure 3. He would like to use a 5" x 3-1/4" size which will fit easily into a credit card imprinter, thereby enabling the dealer to imprint his name and address without having to write it out in longhand. Do you have any objection to use of a size smaller than the one specified in Figure 3?

3. If you do object to the smaller size registration form, can the brand name owner nevertheless provide the smaller form to his dealers and still not be in violation of the Regulations? A careful reading of Section 574.7(a) imposes a duty on the brand name owner to provide the Universal Format size only to "those dealers who request them". (Emphasis supplied). I gather then that the brand name owner may supply any size to dealers who do not request a form.

Your guidance will be most appreciated. Thanking you in advance for your help, I am,

Michael E. Bufkin