Interpretation ID: 3325o
Saf-Tee Siping & Grooving, Inc.
l4l80 West 78th, Suite l02
Eden Prairie, MN 55344
Dear Mr. Sprunk:
This responds to your letter concerning the siping of tires. You asked whether "there is any possible problem with the siping of new, used, truck, passenger, or light duty tires," under Department of Transportation regulations. Your question is responded to below, to the extent that it concerns regulations of the National Highway Traffic Safety Administration (NHTSA). We note that your letter indicates that you have also discussed this issue with officials of the Federal Highway Administration.
By way of background information, NHTSA does not provide approvals of motor vehicles or motor vehicle equipment. Under the National Traffic and Motor Vehicle Safety Act (Vehicle Safety Act), it is the responsibility of the manufacturer to ensure that its motor vehicles or equipment meet applicable standards.
As noted by your letter, the term "siping" should be distinguished from "grooving." You stated that grooving is a "process of removing rubber from the tire to give it an additional space for water release." You stated that siping is "a process of cross cutting the tread, never deeper than the original tread depth of the tire; and in most cases, l/32" or less, with a fine knife--either four or five cuts to the inch--that does not remove rubber."
Section l08(a)(l) of the Vehicle Safety Act prohibits any person from manufacturing for sale, selling or offering for sale, introducing or delivering for introduction in interstate commerce, or importing into the United States, any item of motor vehicle equipment unless it is in conformity with Federal motor vehicle safety standards. The prohibitions of section l08(a)(l) do not apply after the first purchase in good faith for purposes other than resale. (Section l08(b)(l).)
NHTSA has issued several safety standards for tires. Standard No. l09 specifies performance and labeling requirements for new pneumatic tires for use on passenger cars; Standard No. ll7 specifies performance and labeling requirements for retreaded pneumatic tires for use on passenger cars; and Standard No. ll9 specifies performance and labeling requirements for new pneumatic tires for vehicles other than passenger cars.
The siping of new tires (including retreaded tires) is permissible only if that operation does not adversely affect the compliance of the tire with Standard No. l09, ll7 or ll9, as applicable. If a dealer offers for sale or sells new tires (including new retreaded tires) that have been siped and those tires do not comply with Standard No. l09, ll7 or ll9, as applicable, the dealer would be subject to a civil penalty of up to $l,000 for each tire that did not comply.
Section l08(a)(2)(A) prohibits any manufacturer, distributor, dealer, or motor vehicle repair business from knowingly rendering inoperative, in whole or part, any device or element of design installed on or in an item of motor vehicle equipment in compliance with an applicable Federal motor vehicle safety standard. Thus, any persons or businesses within the above categories that perform siping should ensure that the siping does not render inoperative the compliance of tires with applicable Federal motor vehicle safety standards.
You should also be aware that the agency's regulation on regrooved tires (49 CFR Part 569) specifies requirements concerning regrooved tires and regroovable tires which have been siped. See sections 569.7(a)(2)(vii) and 569.7(b).
I hope this information is helpful.
Sincerely,
Erika Z. Jones Chief Counsel
ref:l09#ll7#ll9 d:l2/30/88