Interpretation ID: 77-2.11

TYPE: INTERPRETATION-NHTSA

DATE: 04/15/77

FROM: AUTHOR UNAVAILABLE; Frank A. Berndt; NHTSA

TO: Peter Cooper

TITLE: FMVSR INTERPRETATION

TEXT: This responds to your March 1, 1977, question whether your client, a 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 Safety 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,

PETER COOPER ATTORNEY AT LAW

March 1, 1977

National Highway Traffic Safety Administration

In connection with an inquiry from a client of mine, I have studied the 1975 regulation with reference to the requirement that all tires sold must have identification numbers thereon. My client is a retail tire dealer and tells me he has an opportunity to buy a lot of tires on which the identification numbers have been removed. I am told that these tires were bought for export but by reason of some restriction, the owner of said tires is unable to export them and is trying to sell them to my client.

The regulation seems to impose a penalty on manufacturers, or possibly others who sell tires on which the numbers have been removed.

It is my desire to inform my client that the regulations must be complied with but I am not clear as to whether the penalty imposed by the regulation would apply to a retail dealer.

I would appreciate it if you would advise me whether or not my client would be in violation of the regulation and subject to penalties if he buys the tires and then sells them at retail to his customers.

Peter Cooper