Interpretation ID: klein.rbm

Mr. Richard H. Klein
Consulting Engineers
P.O. Box 527, Fairway Drive
Johnson, NY 10933

Dear Mr. Klein:

This responds to your letter to the National Highway Traffic Safety Administration asking about the recordkeeping obligations of a motor vehicle manufacturer under 49 CFR 574.10. I apologize for the delay in our response. You wrote on behalf of your client, the National Association of Trailer Manufacturers (NATM). You stated that you believed only tire manufacturers are required to retain records on purchasers of new tires.

49 CFR Part 574 has two separate recordkeeping requirements. Both sections have been in effect, largely unchanged, since 1971. The first, 49 CFR 574.7, applies to tire manufacturers and requires them to maintain tire registration records that they receive from tire dealers and distributors. The second section, 49 CFR 574.10, applies to motor vehicle manufacturers and requires them to maintain registration records on tires that they install on motor vehicles prior to first sale. These two recordkeeping requirements are separate requirements. Thus, NATM's members are required to keep records of all new tires they place on their motor vehicles prior to first sale subject to the requirements of 49 CFR 547.10.

I hope this information is helpful. Please contact Rebecca MacPherson of my staff at this address or by telephone at (202) 366-2992 if you have further questions.

Sincerely,
Frank Seales, Jr.
Chief Counsel
ref:574
d.3/16/00