Interpretation ID: nht71-3.38

DATE: 07/16/71

FROM: AUTHOR UNAVAILABLE; Lawrence R. Schneider; NHTSA

TO: National Tire Dealers and Retreaders Association, Inc.

TITLE: FMVSS INTERPRETATION

TEXT: This is in response to your letter of June 29, 1971, in which you ask who would be the manufacturer of a retreaded tire, when the tire is manufactured by a process, known as "cure out". You explain this process as one in which one retread shop will process a casing to the point where it would be placed in a mold for curing. The tire is then sent to a second shop for curing and subsequently returned as a finished product to the first retread shop.

You indicate that one of your members is now involved in a legal case, and the outcome apparently hinges on who is legally responsible for the performance of the tire.

Under the National Traffic and Motor Vehicle Safety Act (15 U.S.C. @ 1381 et seq.) and motor vehicle safety standards and regulations issued pursuant to the Act (49 CFR @ 551 et seq.) the manufacturer in the "cure out" process as described above, would be the second retread shop, the one which produces the finished product. It is he who would be required to assume responsibility for the compliance of the tire with Motor Vehicle Safety Standard No. 117, "Retreaded Pneumatic Tires", and it is also he who would be assigned a code mark pursuant to the Tire Identification and Recordkeeping regulations (49 CFR Part 574).

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However, the person we consider the manufacturer for purposes of the Act and regulations issued pursuant to the Act, may not be responsible for the tire in a civil suit, and our opinion is not intended to speak to the issue of liability in a civil action.

TIRE RETREADING INSTITUTE

June 29, 1971

David Smeltzer National Highway Traffic Safety Administration

Would you please give me in writing an interpretation of who is the legal manufacturer of a retread produced under the so-called "cure out" process. To refresh your mind a "cure out" is that operation whereby one retread shop will process a casing to the point where it would be placed in a mold for curing. At that stage the partially processed retread is sent to a second retread shop for curing and subsequently returned as a finished product to the first retread shop.

One of our members is now involved in a legal case and apparently the outcome hinges on who is legally responsible for the performance of the retread when it is sold to a consumer.

A timely response from you would be appreciated.

Philip H. Taft Director