Interpretation ID: GF004709

Mr. Paul Brooks
220 Rogers Street
Ulster Park, NY 12487

Dear Mr. Brooks:

This is in response to your e-mail of July 12, 2004, in which you ask several questions related to adhesive numbers designed to be affixed to tires. Specifically, you ask whether vehicle owners are permitted to affix large-print adhesive numbers onto the tire sidewalls of their vehicles. You also ask whether the manufacturer of this product would be subject to recall responsibilities.

You describe your large-print adhesive numbers as follows. The numbers, made from either rubber or vinyl and measuring one to three inches in size, would be affixed to the tire sidewalls by adhesive. This would enable vehicle operators to more clearly see the tire pressure information molded onto the tire sidewall or provided elsewhere on the vehicle. You intend to either provide vehicle owners with the correct tire pressure information for their vehicles or more likely, instruct them to consult appropriate information already on the vehicle. Based on the information you have provided, we understand that you intend to sell your large-print adhesive numbers to consumers but do not intend to participate in the installation or application of these adhesive numbers.

By way of background, the National Highway Traffic Safety Administration (NHTSA) issues FMVSSs applicable to the manufacture and sale of new motor vehicles and certain items of motor vehicle equipment. However, NHTSA does not provide approvals of motor vehicles or motor vehicle equipment. Under 49 U.S.C. Chapter 301, manufacturers are required to certify that their vehicles and equipment meet applicable requirements.

49 U.S.C. 30102(a)(7)(B) defines motor vehicle equipment as:

"any component manufactured or sold for replacement or improvement of a system, part, or component, or as an accessory or addition to a motor vehicle"

The large-print adhesive numbers described in your e-mail would be considered an item of motor vehicle equipment as defined in 49 U.S.C. 30102(a)(7)(B) because they are accessories to a motor vehicle. Because these numbers are an item of motor vehicle equipment, they would be subject to the notification and remedy (recall) provisions of 49 U.S.C. 30118-30120. Accordingly, if you or NHTSA determine that your product contains a safety-related defect, you will be responsible for notifying purchasers of the large-print adhesive numbers and remedying the problem free of charge.

Additionally, we note that vehicle owners themselves are not prohibited from affixing large-print adhesive numbers to the tire sidewalls of their vehicles. Generally, Federal law does not prohibit vehicle owners from modifying their own vehicles, even if the installation were to result in the vehicle no longer complying with applicable safety standards.

Finally, we note that S4.3 of the Federal motor vehicle safety standard (FMVSS) No. 110, requires that each vehicle subject to the standard be equipped with a placard which contains tire inflation and certain other information related to tire load limits and proper inflation levels for the safe operation of a motor vehicle. An improved version of this tire information placard will be required beginning September 1, 2005. Although it is not required by our standards, you may wish to advise vehicle owners to consult the tire information placard to find out the proper tire inflation pressure.

I hope you find this information helpful. If you have further questions, you may contact Mr. George Feygin of my staff at (202) 366-2992.

Sincerely,

Jacqueline Glassman
Chief Counsel

ref:110
d.8/27/04