Interpretation ID: aiam2549
1228 Frick Building
Pittsburgh
PA 15219;
Dear Mr. Cooper: This responds to your March 1, 1977, question whether your client, retail tire dealer, would be in violation of the regulations of the National Highway Traffic Safety Administration (NHTSA) if he were to sell tires which do not contain an identification number as required by the NHTSA.; Paragraphs S4.3.1 and S4.3.2 of 49 CFR 571.109, Motor Vehicle Safet Standard No. 109, *New Pneumatic Tires*, requires passenger car tires to be labelled in accordance with Part 574. The absence of an identification number means that the tire is not in compliance with the requirements of Standard No. 109. Section 108(a)(1)(A) of the National Traffic and Motor Vehicle Safety Act of 1966 (the Act) (15 U.S.C. 1381 et seq.) provides in part that no person shall sell any item of motor vehicle equipment that is not in conformity with applicable standards. Since your client would be selling nonconforming tires, he would be in violation of our Act and, therefore, subject to the penalties imposed thereunder. Section 109(a) of the Act establishes a penalty of up to $1,000 for each violation of the Act, not to exceed $800,000 for any related series of violations.; Sincerely, Frank A. Berndt, Acting Chief Counsel