Interpretation ID: aiam3659
Vice President-Operations
Garvin-Fram
Inc.
817 Albion Avenue
Schaumburg
IL 60193;
Dear Mr. Garvin: This responds to your recent letter to Mr. Kratzke of my staf requesting information concerning any regulations applicable to the salvage and sale of farm implement tires exposed to a warehouse fire. This agency has no such regulations, and I am not aware of any other Federal regulations applicable to this situation.; The National Traffic and Motor Vehicle Safety Act, as amended 1974 (1 U.S.C. 1381 *et* *seq*.), gives this agency authority to regulate motor vehicles and motor vehicle equipment. Tires for use on motor vehicles are subject to regulation as motor vehicle equipment. Section 102(3) of the Safety Act (15 U.S.C. 1391(3)) defines a motor vehicle as 'any vehicle driven or drawn by mechanical power manufactured primarily for use on the public streets, roads, and highways...' Farm implements have been determined not to be motor vehicles, because they are not manufactured primarily for use on public roads. Therefore, tires for use on farm implements are not considered motor vehicle equipment, and are not regulated by this agency. The inventory sheet attached to your letter shows that these tires are of a size and strength that were designed for use on farm implements. Accordingly, you may conduct the salvage and sale of these farm implement tires as you wish without violating any of this agency's regulations.; In your telephone conversation with Mr. Kratzke, you mentioned tha some tires for use on passenger cars were also involved in the fire and asked about any agency requirements for subsequent sale of these tires. With respect to those tires, the manufacturer that has certified the tires as complying with our safety standards (by molding the letters 'DOT' on the sidewall) must make a determination of whether the certification is still valid. If the manufacturer determines that the certification is still valid, the tires may be sold. If, on the other hand, the certification is not still valid, the manufacturer must remove its DOT symbol from the sidewall of the tires, and those tires could not be sold. The means by which the manufacturer determines whether or not its certification is still valid is left completely to the discretion of the individual manufacturer. I have enclosed a 1981 interpretation explaining this more fully.; I appreciate your concern for tire safety and for complying with ou safety regulations.; Sincerely, Frank Berndt, Chief Counsel