Interpretation ID: 77-4.2
TYPE: INTERPRETATION-NHTSA
DATE: 09/13/77
FROM: AUTHOR UNAVAILABLE; Joan Claybrook; NHTSA
TO: Hon. Lamar Gudger - H.O.R.
TITLE: FMVSS INTERPRETATION
TEXT: Please excuse the delay in my response to your letter of June 15, 1977, addressed to Mr. Norman Sultan, with a copy to the National Highway Traffic Safety Administration (NHTSA) regarding the Federal requirement for registration of tires.
Mr. Sultan has reported a tire registration of 10 percent in his area of operation which is considerably less than the national figures of 30 percent for retreads and 70 percent for new tire replacements developed in our studies. Mr. Sultan is urging a change in the law to permit voluntary registration of all tires.
Mr. John Snow, my predecessor, reported to the Honorable Warren G. Magnuson, Chairman of the Committee on Commerce, U.S. Senate, that consideration would be given to changing Regulation Part 574 allowing voluntary registration of retreaded tires in lieu of mandatory registration. Since taking office, I have devoted considerable attention to reviewing and analyzing the pertinent factors related to tire registration. I am convinced of the safety benefits of registering new tires and I consider the mandatory recordkeeping provision essential to the purpose of the Vehicle Safety Act. However, because retreaded tires are individually manufactured and therefore could not be recalled as are mass produced items, I am considering proposing revocation of the mandatory recordkeeping requirement for retreaded tires.
For your information I am enclosing a copy of my recent letter to Senator Magnuson in response to his questions on this subject. You may be interested to know that a recent meeting with representatives of the National Tire Dealers and Retreaders Association (NTDRA) provided an opportunity to discuss basic clerical problems associated with registration. As a result, an interpretation of the regulation was reached which would permit the tire purchaser personally to complete the registration form. Although dealer responsibility remains, the interpretation is considered by NTDRA to provide considerable relief to dealers in time and cost. Hopefully this action will offset much of the objections to the current tire registration process.
SINCERELY,
Encls. Constituent's LTR. To Sen. MAGNUSON DATED AUG. 3, 1977
Congress of The United States House of Representatives
June 15, 1977
Norman Sultan
First, let me apologize for my delay in responding to your letter of May 27, 1977. I have noted your concern over the provision of the Motor Vehicle Safety Act of 1966 requiring tire registration and the fact that the rate of response is now less than ten percent and that the added expense for such return "is simply just not worth it".
We were in contact with the National Highway Traffic Safety Administration regarding the study which you cited which is to be conducted on the advisability of making such program voluntary and were informed that this has been under consideration for some time. In an effort to be of assistance in this matter, I am today taking the liberty of forwarding a copy of your letter to the appropriate officials at this Administration in order that they might have the benefit of your views and an opportunity to supply up-to-date infromation on the study. Upon receipt of a response I will forward you a copy. I also appreciate having your views in regard to an Agency for Consumer Advocacy. Fortunately in Western North Carolina and in many other areas, the Better Business Bureau and private agencies are working effectively to protect the consumer from fraud and oppression. Moreover, the North Carolina Attorney General and the U.S. Attorney General each maintain an assistant or a division to prosecute persons who defraud the public by false and fradulent sales practices. For these reasons and because I generally oppose creating new federal agencies and imposing more bureaucratic regulations, I expect to vote against the Agency for Consumer Advocacy.
The House Government Committee reported H. R. 6805 May 10th and it could reach the House Floor soon. I will certainly keep your observations about the bill in mind when it comes up for a vote.
With best wishes and kind personal regards.
Lamar Gudger Member of Congress
bcc: NHTSA CONGRESSIONAL LIAISON
May 27, 1977
The Honorable Lamar Gudger House of Representatives House Office Building
In 1966 the Motor Vehicle Safety Act contains a provision on tire registration. The law went into effect six years ago and has caused tire dealers a lot of expense and very little satisfaction. Our rate of response from small dealers in this registration card mailing is now probably running less than 10% and, in my opinion, during the six years, we feel that the added expense for the return is simply just not worth it.
I have just recently learned that the National Highway Traffic Administration will conduct a study on the advisability of making this program voluntary. We hope that the law can be changed to make the registration voluntary because as we said before, the expense is unnecessary and the customer does not want it.
While I am at it, I might as well tell you that I think the passage of the Consumer Agency Billing which creates an independent agency for consumer advocacy. I am against the creation of this agency because I firmly believe that communications between consumers and retailers, particularly in my industry, can be improved by the establishment of a consumer council "which can be adapted and run by local and area tire dealer groups". You fellows must not have thought too much about this agency yourselves since it only passed by one vote.
I am sure you have gotten acclamated to the ways of Washington by now so with best regards to you and yours.
Norman Sultan