Interpretation ID: nht76-5.70
DATE: 07/01/76 EST
FROM: AUTHOR UNAVAILABLE; Robert L. Carter; NHTSA
TO: Roy A. Taylor; House of Representatives
TITLE: FMVSR INTERPRETATION
TEXT: This is in reply to your letter of May 21, 1976, forwarding a plea from Mr. Ralph O. Howard, Executive Vice President of the North Carolina Tire Dealers and Retreaders Association, for help in changing Public Law 91-265, HR 10105, that would permit voluntary registration of tires. The law which became effective May 22, 1971, amended the National Traffic and Motor Vehicle Safety Act of 1966 to require tire manufacturers, including retreaders, to maintain records of the names and addresses of first purchasers. The law also authorized the Secretary of Transportation to prescribe procedures to be followed by distributors and dealers to assist manufacturers in securing the required information. In order to implement the law, our Regulation Part 574 (copy enclosed) specifies that tire dealers shall record the purchaser's name and address at time of sale.
The purpose of tire registration is to enable manufacturers to notify consumers in the event of defective or nonconforming tires. The Congress took steps in amending the Safety Act only after attempts by manufacturers and the National Highway Traffic Safety Administration to inform owners of defective tires proved ineffective. Congressional action would again be necessary to change the law as Mr. Howard's letter requests.
To provide additional orientation pertinent to this subject, we are enclosing a copy of Secretary Coleman's recent letter to the Honorable C. E. Wiggins.
HOUSE OF REPRESENTATIVES, U.S. WASHINGTON, D.C.
May 21, 1976
Mr. Ernest R. Warner, Jr. Acting Director, Office of Congressional Relations Department of Transportation 400 7th St., S. W. Washing, D. C. 20590
The attached communication is submitted for your consideration, and to ask that the request made therein be complied with, if possible.
If you will advise me of your action in this matter and have the letter returned to me with your reply, I will appreciate it. Very truly yours, Roy A. Taylor M.C.
11th North Carolina District.
Congress of the United States House of Representatives
May 21, 1976
Ralph O. Howard Excutive Vice President North Carolina Tire Dealers and Retreaders Association, Inc.
Dear Ralph:
This is to acknowledge receipt of your letter of May 14, 1976, containing the resolution passed by your Association in opposition to the Mandatory Tire Registration requirements. I am pleased to have the benefit of your views on this subject and in an effort to be of assistance I am today contacting the appropriate authorities of the Department of Transportation for any comments or information which could be supplied on this situation. As soon as any reply is received I will be back in contact with you.
Many thanks for sending us a copy of the 1975 Membership Directory of the Carolina Society of Association Executives. Also, both Evelyn and I and Mrs. Bobrowski and her husband enjoyed being with you for the congressional dinner.
With many good wishes.
Roy A. Taylor Member of Congress
Ralph O. Howard Executive Vice President
May 14, 1976
Dear Roy:
Because tire dealers are perplexed by a law (HR 10105, signed by the President May 25, 1970) which they do not feel is necessary the following resolution to relieve the burden of non-compliance is respectfully submitted to you for your assistance. Your efforts to change this law so that the customers can register tires if they so choose rather than requiring the tire dealer to make the registration will be greatly appreciated.
RESOLUTION OPPOSING MANDATORY TIRE REGISTRATION
"Whereas, the costs of recording, reporting, maintaining tire ales to the replacement tire market have compounded the economic problems of inflation, and been aggravating to tire customers and to tire dealers; and,
"Whereas, major relief has been proposed by the National Tire Dealers and Retreaders Association just by changing the law to make tire registration voluntary,
"Now, therefore, we commend our North Carolina Congressional delegation to inform the National Highway Traffic Safety Administration that the purpose of the law on Tire Registration and Record Keeping would be just as well served if mandatory provisions were changed to voluntary.
"This resolution approved by the membership of the North Carolina Tire Dealers and Retreaders Association at its annual convention on March 6, 1976."
Ralph O. Howard