Interpretation ID: 8326

Mr. Marty D. Pope President Wheels "R" Rollin, Inc. 6702 North Highway 66 Claremore, OK 74017

Dear Mr. Pope:

This responds to your February 18, 1993 letter to Walter Myers of this office. You stated in your letter and in telephone conversations with Mr. Myers that your firm obtains used wheels from salvage yards, mostly passenger car wheels, refurbishes them by sandblasting and refinishing them, then sells them to manufacturers of utility trailers. You asked how to "bring the wheels manufactured before 1977 up to standards" (referring to Federal Motor Vehicle Safety Standard No. 120, Tire selection and rims for motor vehicles other than passenger cars), and whether it is possible to "stamp the wheels previous to 1977 with a regulation code to approve their usability." "Wheels" refers to the wheel rim and the hub to which the rim is attached.

By way of background information, the National Highway Traffic Safety Administration (NHTSA) is authorized by the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1381 et seq.) (Safety Act) to issue Federal motor vehicle safety standards (FMVSS's) for new motor vehicles (including trailers) and new items of motor vehicle equipment (including tires and wheels). The purpose of Standard 120 is to provide safe operational performance by ensuring that vehicles to which it applies are equipped with tires of adequate size and load rating and with rims of appropriate size and type designation. The standard applies to new trailers, and to rims manufactured on or after August 1, 1977. Violations of any of the standards are punishable by civil fines of up to $1,000 per violation, with a maximum fine of up to $800,000 for a related series of violations.

You ask about our requirements for the rims of the wheels you refurbish. The answer depends on whether the rim is intended to be installed on a new trailer or intended as a replacement rim for a used trailer.

If the rim is intended for a new trailer, the new trailer manufacturer must certify that the vehicle complies with Standard 120. Standard 120 establishes two requirements for the vehicle. First, S5.1.1 requires that the rims on a new trailer be listed by the manufacturer of the tires mounted on the trailer as suitable for use with those tires. Second, the rims on a new trailer must meet the rim marking requirements of S5.2 of Standard 120. Since the rims you refurbish were originally passenger car rims, they will not have the required markings, regardless of date of manufacture, because Standard 120 does not apply to passenger car rims. Therefore, trailer manufacturers may not install passenger car rims on new trailers unless those rims are marked in accordance with Standard 120.

If the rim is intended as a replacement rim on a used trailer, different requirements apply. The rim marking requirements of S5.2 of Standard 120 apply only to new rims manufactured on or after August 1, 1977. Refurbished wheels sold for used trailers are considered used wheels instead of new wheels for purposes of Standard 120, and are thus not subject to the rim marking requirements of the standard. As pointed out above, however, a new or refurbished rim installed on a new trailer must meet the rim selection and marking requirements of Standard 120 (S5.1.1 and S5.2).

Relatedly, you ask about marking a used rim with the information required by Standard 120 for new rims. Any rim, new or used, that is installed on a new vehicle must be marked with the "regulation code" (i.e., the "DOT" symbol constituting the manufacturer's certification of compliance with Standard 120) and the other information required by the standard. However, a rim manufactured prior to August 1, 1977, that is sold as a replacement rim must not be marked with the DOT symbol. NHTSA has long held that manufacturers may not show the DOT certification on items of motor vehicle equipment to which no Federal motor vehicle safety standard applies. The reason for that decision is that such a certification would be false and misleading to NHTSA and to consumers who might assume that the item was subject to and met a Federal safety standard. Thus, since Standard 120 does not apply to rims manufactured prior to August 1, 1977, such rims cannot now be marked with the DOT symbol.

You should also be aware of two other provisions of the Safety Act. The first provision is 108(a)(2)(A), which provides that no manufacturer, distributor, dealer, or motor vehicle repair business may knowingly render inoperative, in whole or in part, any device or element of design installed on or in a new or used motor vehicle or item of motor vehicle equipment in compliance with an applicable FMVSS. This means that a person in these categories cannot remove the label information required by Standard 120 during the refurbishing process.

Second, under 151-157 of the Safety Act, manufacturers of motor vehicles and items of motor vehicle equipment (e.g., wheel rims) are responsible for safety-related defects in their products. If a manufacturer or NHTSA determines that a safety- related defect exists, the manufacturer must notify purchasers of the product and remedy the problem free of charge. (This responsibility is borne by the vehicle manufacturer in cases in which a defective wheel rim is installed on a new vehicle by or with the express authorization of that vehicle manufacturer.) A refurbished rim that had been previously damaged (e.g., cracked, bent, or pitted) might not be capable of performing safely while in service.

For your further information, I am enclosing a pamphlet issued by this agency entitled Federal Motor Vehicle Safety Standards and Regulations and a fact sheet entitled Where to Obtain NHTSA's Safety Standards and Regulations. The pamphlet briefly summarizes each of our Federal motor vehicle safety standards and the fact sheet advises where to obtain the full text of those standards and our other regulations. You may also find helpful the attached fact sheet entitled Information for New Manufacturers of Motor Vehicles and Motor Vehicle Equipment.

We also note that the Occupational Safety and Health Administration (OSHA) has a regulation on the refurbishing of damaged rim components. You can contact OSHA at (202) 219- 7202, ATTN: Mr. Richard Sauger, for information about that regulation.

I hope this information is will be of assistance to you. Should you have any further questions, please feel free to contact Mr. Myers at this address or at (202) 366-2992.

Sincerely,

John Womack Acting Chief Counsel

Enclosures ref:120 d:3/31/93