Interpretation ID: nht80-4.5
DATE: 09/29/80
FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA
TO: Elgene Tire Company
TITLE: FMVSS INTERPRETATION
TEXT: This responds to your August 15, 1980 letter to this office requesting an interpretation of the requirements of Standard 120 (49 CFR @ 571.120). Specifically, you were concerned about paragraph S5.1.3, which permits the use of used tires on new vehicles other than passenger cars. The interpretations set forth below follow the same order used in your letter.
(1) New motor vehicles subject to Standard 120, which includes all motor vehicles other than passenger cars, may be equipped with used tires, pursuant to the provisions of paragraph S5.1.3 of the standard; provided, that the used tires are owned or leased by the vehicle purchaser and that they are installed on the vehicle at the request of the purchaser. This means that a vehicle manufacturer may not itself purchase used tires to install on new vehicles, nor may a vehicle purchaser authorize the manufacturer to install used tires not owned or leased by the purchaser of the vehicle.
(2) There is no limitation as to the axles on which used tires may be used. It would be permissible for a vehicle purchaser to ask a vehicle manufacturer to install the purchaser's used tires on each axle of the vehicle. The only requirement for axles in section S5.1.3 is that each axle must be equipped with tires, new or used, the sum of whose load ratings is at least equal to the gross axle weight rating for that axle.
(3) The used tires installed pursuant to paragraph S5.1.3 must be marked with the DOT number to indicate that the tires were originally manufactured in compliance with Standard 119. The January 1, 1978 date to which you referred means that all vehicles manufactured after that date and equipped with used tires under S5.1.3, must be equipped with used tires that originally complied with Standard 119 and have the DOT marking. The requirement does not mean that the used tires must have been originally manufactured on or after January 1, 1978, as you stated in your letter.
(4) For purposes of this section of Standard 120, used tires have been interpreted to include retreaded tires. To repeat what I stated under answer number "1" above, your statement that the vehicle purchaser may use retreaded tires on his vehicle if he requests the manufacturer to install retreaded tires is not entirely accurate. The retreaded tires may only be used if they are owned or leased by the vehicle purchaser.
The penalties for failure to comply with Standard 120 could be up to $ 1,000 for each violation, pursuant to the authority of sections 108 and 109 of the National Traffic and Motor Vehicle Safety Act of 1966, as amended (15 U.S.C. 1397 and 1398). Since Standard 120 applies to vehicles, the vehicle manufacturer would be responsible for any violation. This agency considers each separate use of an unauthorized tire on a vehicle to be a separate violation. For example, if a vehicle had six tires and each failed to comply with the requirements of Standard 120, the vehicle would have six violations, and civil penalties of up to $ 6,000 could be assessed against the vehicle manufacturer.
Enforcement of Standard No. 120 is under the general provisions of the Vehicle Safety Act. There are no special enforcement procedures. The agency has investigators who check vehicles to ensure that they comply with the applicable standards. If there is a noncompliance, the agency has the authority to sue the violator in a Federal court to collect the civil penalties, pursuant to section 105 of the Safety Act (15 U.S.C. 1394).
If the new vehicles were shipped without tires, as you suggested in the last question in your letter, Standard 120 would not apply to the vehicles. Section S5.1.1 specifies that the requirements of this standard apply to "each vehicle equipped with pneumatic tires for highway service." Only vehicles so equipped are subject to Standard 120.
You should be aware of the fact that this agency will soon publish a notice proposing changes in the requirements of section S5.1.3 of Standard 120. If you would like a copy of that proposal after it is published, or have any further questions on this matter, please contact Stephen Kratzke of my staff at this address.
SINCERELY,
August 15, 1980
Chief Counsel National Highway Traffic Safety Administration
Dear Sir:
In reference to U.S. Department of Transportation 571.120 standard no. 120: Tire Selection for motor vehicles other than passenger cars. Section S5.1.3 specifically.
It is my interpretation that:
1. New trailers, trailer/container chassis, trucks and buses, may be equipped with retread tires utilizing salvaged, used, worn tire bodies.
2. These retreads may not be used on steering axles.
3. The worn, used tire bodies (casings) must have been manufactured on and after January 1, 1978, as evidenced by the DOT symbol marked on one sidewall.
4. The purchaser of the equipment may use retread tires on these new vehicles when he requests the chassis manufacturer to install same.
Would you please give me your interpretation of the above. I have great difficulty in competitively securing new chassis O.E.M. retread business with the opposition ignoring the requirements as I interpret them to be. This is a very viable segment of the retread industry since retreads salvage worn tires by consuming far less energy and oil than do new tires.
Are there penalties for non-conforming?
Are there any enforcement procedures?
If the new chassis, trailers, etc. were shipped without tires at all -- would the D.O.T. 120/119 casing (used) tire requirement be applicable?
If further personal discussions are necessary please feel free to call upon me. I urge you to respond quickly.
Gene S. Rosenfeld, President