Interpretation ID: nht71-4.6

DATE: 08/27/71

FROM: AUTHOR UNAVAILABLE; R. L. Carter; NHTSA

TO: David N. Henderson; House of Representatives

TITLE: FMVSR INTERPRETATION

TEXT: This is in reply to your letter of August 13, 1971 on behalf of the C.L.S. Car Truck Leasing Corporation of Goldsboro, North Carolina concerning the applicability of the Tire Identification and Record Keeping Regulation (49 CFR 574) to the C.L.S. Corp.

If C.L.S. leases a motor vehicle with new tires to a leasee for more than 60 days, they have the same responsibilities a tire dealer has under section 574.9. Therefore, C.L.S. is required to record the name and address of the leasee along with the tire identification number and forward this information to the tire manufacturer. See section 574.8. The person leasing the vehicle for more than 60 days is considered to be the purchaser of the tires. See section 574.3(c)(3).

If C.L.S. sells a used motor vehicle equipped with new tires to the ultimate user, they are considered a tire dealer and must meet the requirements of section 574.8. If, however, they sell a vehicle equipped with new tires to a vehicle dealer, the dealer is responsible for meeting the requirements of section 574.8 and C.L.S.'s responsibility is limited to assuring that the dealer has a means of recording the required information and forwarding it to the tire manufacturer. See section 574.8(c).

Enclosed for your convenience is a copy of the Tire Identification and Record Keeping Regulation. Thank you for your interest in auto safety.

ENC.