Interpretation ID: nht95-4.71

TYPE: INTERPRETATION-NHTSA

DATE: November 8, 1995

FROM: Linda Stroud -- Executive Officer, Used Motor Vehicle and Parts Commission, Louisiana Dept. of Economic Development

TO: Walter K. Myers, -- Attorney-Advisor, Office of the Chief Counsel, NHTSA

TITLE: NONE

ATTACHMT: 2/15/96 letter from Samuel J. Dubbin to Linda Stroud (A44; Std. 120)

TEXT: We have spoken several times in the past month regarding the sale of new trailers with used tires. I am requesting that you confirm the following information in writing to insure that I am understanding you correctly. The information you have given me regarding these sales is that a dealer shall not sell a new trailer with used tires, he can sell with either new tires or no tires.

In our conversation on November 6th, I expressed the concerns of this agency and our Louisiana dealers in the compliance of this regulation. The main problem appears to exist with the manufacturer who is shipping new trailers with used tires. You infor med me that in an instance such as this, the dealer would have to remove the used tires prior to the retail sale. When the retail sale occurred, in order for the customer to remove the trailer he would have to supply his own tires or purchase tires. In addition, the dealer could not put these tires on the trailer, the customer must perform the task himself.

I am also in need of answers to the following questions:

1. What is the definition of a trailer manufacturer?

2. Is a Utility Trailer included in this safety standard or does it relate only to certain size trailers?

3. Could you indicate those trailers which are governed by this regulation?

4. Is there a specific length or width that falls under this safety standard?

Thank you for your cooperation and assistance in this matter and I await your immediate response.