Interpretation ID: nht70-1.11

DATE: 12/17/70

FROM: AUTHOR UNAVAILABLE; Francis Armstrong; NHTSA

TO: Northeast Kentucky Area Development Council, Inc.

TITLE: FMVSS INTERPRETATION

TEXT: This is in reply to your letter of September 28, 1970, to Mr. Lowell K. Bridwall, Administrator, Federal Highway Administration, asking for a definition of "blemished," "second," and "form use only," which has been referred to this office for reply.

Tire manufacturers are required to certify that their product complies with the Federal Motor Vehicle Safety Standard No. 109, and do so by labeling each tire they certify with the symbol "DOT." Tires that are certified by the manufacturer and marked "seconds" are not necessarily unsafe, as the "second" may be due to a cosmetic defect not affecting the tire's performance.

Sometime a tire manufacturer will make a tire that he believes is defective in a way that affects the safety of the tire. Often, that manufacturer will mark the tire "farm use only" or "non-highway use" and then sell it. In such instances, he is required to remove the DOT symbol.

We do not have a definition for "blemished."

We have enclosed a copy of an amendment to the passenger car tire standard (No. 109) that contains the definition for "non-highway use tires" which is applicable to "farm use only," and "tire identification and recordkeeping" which is applicable to "manufacturer's marks on tires."

Thank you for your interest in the Motor Vehicle Safety Program.