Interpretation ID: nht76-5.62

DATE: 02/25/76

FROM: AUTHOR UNAVAILABLE; Richard B. Dyson; NHTSA

TO: Motocross Engineers Inc.

TITLE: FMVSR INTERPRETATION

TEXT: This is in response to your letter of February 6, 1976, concerning the application of 49 CFR Part 574, Tire Identification and Recordkeeping, to certain off-road motorcycle tires that you plan to import.

"Motor vehicle" is defined in Section 102(3) of the National Traffic and Motor Vehicle Safety Act of 1966 as:

any vehicle driven or drawn by mechanical power manufactured primarily for use on the public streets, roads, and highways, except any vehicle operated exclusively on a rail or rails.

The Tire Identification and Recordkeeping regulation does motor vehicles. From the description in your letter, it not apply to tires that are not manufactured for use on motor vehicles. From the description in your letter, it appears that the vehicles for which the tires in question are designed are not motor vehicles. Therefore, unless these tires are also designed for use on other vehicles that do meet the statutory definition of "motor vehicle", they are not subject to any labeling requirements of the Department of Transportation.

YOURS TRULY,

February 6, 1976

Office of Chief Council, Frank Berndt National Highway Traffic Administration U.S. Dept. of Transportation

Yesterday I spoke at length with Mr. Mark Schwimmer of your office regarding our plans to import knobby motorcycle tires manufactured by Lien Shin Tire Co. in Taiwan. In my initial correspondence from Lien Shin, they noted their tires are approved by DOT and carry a UI marking. This was confirmed by Mr. Coleman in your Boston Office.

Before placing a purchase order and Letter of Credit on Lien Shin, I have undertaken an investigation to iron out all details that might incumber clearning the containers upon arrival. This attempt to avoid future storage charges has resulted in my confronting Section 574 - The Identification Code. I am therefore requesting from your Office a definition of what sidewall markings would be required on tires of this nature. What steps must I take to assure that the tires comply with DOT specifications?

I have enclosed a photograph of the tread pattern used in these off-road, dirt motorcycle tires. I wish to import these tires in sizes 4.00 - 18", 4.50-18", 4.75-18", 3.00-21". These motorcycle tires are designed with deep knobs for gripping dirt and mud when used on racing motorcycles in off-road riding and dirt track events, for which they are designed. Each tire bundle is marked "Not for Highway Use." The tires would be used as replacement tires on such motorcycles as Husqvarna, Maico, CZ, Bultaco, KTM, etc., which are usually imported without lights or other machine carries an inscribed plate stating that it does not conform to DOT highway specifications and is inscribed plate stating that it does not conform to DOT highway specifications and is designed for off-road riding only.

I would appreciate your definition of tire sidewall identification and code requirements for these shipments. I will convey your requirements to the manufacturer as part of my Purchase Order, making sure their product will comply before initiating a Letter Of Credit for the purchase. Thanking you for your assistance, I am

MOTORCROSS ENGINEERS, INC.

S.L. Smead

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