Interpretation ID: 1984-2.4

TYPE: INTERPRETATION-NHTSA

DATE: 05/29/84

FROM: AUTHOR UNAVAILABLE; Stephen P. Wood; NHTSA

TO: Hayes Equipment Corporation

TITLE: FMVSR INTERPRETATION

TEXT:

May 29, 1984

Ms. Doris A. Lindley Purchasing Agent Hayes Equipment Corporation P.O. Box 526 150 New Britain Avenue Unionville, Connecticut 06085

Dear Ms. Lindley:

This responds to your letter to Mr. Kratzke of my staff, requesting information on the tire registration requirements applicable to your company as a manufacturer of new trailers. Per your request, I have enclosed a copy of the Motor Vehicle Safety and Cost Savings Authorization Act of 1982. You also asked for confirmation that your company, as the manufacturer of trailers, has sole responsibility for keeping records of the tire identification numbers of the tires shipped as original equipment on trailers sold under your company's name. Your understanding is correct.

The responsibility of the various parties for recording and keeping records of the tire identification numbers of new tires are set forth in 49 CFR Part 574, Tire Identification and Recordkeeping. Section 574.10 reads as follows:

Each motor vehicle manufacturer, or his designee, shall maintain a record of the new tires on or in each vehicle shipped by him or a motor vehicle distributor or dealer, and shall maintain a record of the name and address of the first purchaser for purposes other than resale of each vehicle equipped with such tires. These records shall be maintained for a period of not less than 3 years from the date of sale of the vehicle to the first purchaser for purposes other than resale.

As you can see from this language, it is the vehicle manufacturer that has the sole responsibility for keeping records of the tire identification numbers of the tires shipped as original equipment an or in the vehicle and records of the first purchasers of those vehicles for purposes other than resale. This responsibility remains even if the tires on the vehicle are changed by a vehicle dealer or distributor, unless that dealer or distributor voluntarily notifies the vehicle manufacturer of the tire change. As long as the vehicle is sold with the tires that were shipped with it as original equipment, dealers and distributors of the vehicle have no responsibilities for either registering the tires or keeping any records. Should those dealers and distributors substitute tires on the vehicle other than those shipped as original equipment, they would have some responsibility for registering the tires with the tire manufacturer, per section 574.9, but it would be the tire manufacturer that would be responsible for keeping the records, not the dealers and distributors.

Should you have any further questions relating to tire registration requirements, please contact Mr. Kratzke at this address or by telephone at (202) 426-2992.

Sincerely,

Stephen P. Wood

for Frank Berndt Chief Counsel

Enclosure

January 11, 1983

Office Of Chief Council National Highway Safety Division 400 7th Street South West Washington DC 20590

Attention: Steve Kratzke

Reference: "Motor vehicle safety and cost savings authorization act of 1982).

Dear Steve:

As per our conversation of this date, I would like to request from you a copy of the above mentioned act. I would appreciate your clarifying one point for me. As I understand it from you, Hayes Equipment Corporation, as the manufacturer has the sole responsibility for keeping records of tire serial numbers and end recipient of said tire. As long as the trailer is sold under the Hayes name, no dealers, distributors, or stores (i.e. J. C. Penney) have any legal responsibility in this regard.

Thank you for your assistance in this matter.

Very truly yours,

Doris A. Lindley Purchasing Agent

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