Interpretation ID: 77-2.16

TYPE: INTERPRETATION-NHTSA

DATE: 04/19/77

FROM: AUTHOR UNAVAILABLE; Frank A. Berndt; NHTSA

TO: Irene Glessner

TITLE: FMVSR INTERPRETATION

TEXT: This responds to your March 21, 1977, letter asking whether a tire dealer is required to record the serial numbers of the tires he sells.

The National Highway Traffic Safety Administration (NHTSA) promulgates regulations pertaining to tires. One of these regulations, Part 574, Tire Identification and Recordkeeping, requires tire dealers and distributors to obtain information when the tire is sold and to forward that information to the tire manufacturer. I am enclosing a copy of this regulation for your information. In @ 574.7 of the regulation you will find the exact information for which a tire dealer is responsible.

A tire dealer would not be responsible for the ultimate recall of tires. The information which a dealer submits to a manufacturer enables the manufacturer to undertake recalls. Failure to record and submit the information to a manufacturer would be a violation of Section 108 of the National Traffic and Motor Vehicle Safety Act of 1966 (as amended) (15 U.S.C. 1381, 1397). Each violation is punishable by a civil penalty of $ 1,000 up to a maximum of $ 800,000 for a series of violations (15 U.S.C. 1398).

SINCERELY,

March 21, 1977

The Chairman National Transportation Safety Board

Dear Sir:

I am very much interested in finding out about the law (if there is one) that requires a tire dealer to record the serial numbers of the tires that he sells.

If I am not writing to the correct government agency, will you please tell me where to direct my inquiry?

I want to find out if there is a specific penalty or fine that can be levied against a tire dealer if he has not recorded the serial numbers of tires he sells, and at a later time there is some conflict or a recall pertaining to the sale of those tires.

Thank you for your assistance.

Irene Glessner