Interpretation ID: nht71-4.7

DATE: 09/01/71

FROM: L. R. SCHNEIDER -- ACTING CHIEF COUNSEL, NHTSA; SIGNATURE BY DAVID SCHMELTZER

TO: American Jawa Inc.

TITLE: FMVSR INTERPRETATION

TEXT: This is in reply to your letter of August 17, 1971, inquiring whether tires for use on racing motorcycle are subject to the Tire Identification and Record Keeping regulation (49 C.F.R. 574).

The regulation applies to "manufacturers, . . . of new and retreaded tires for use on motor vehicles" and, thus, whether the regulation applies to the tires in question depends on whether they are for use on a "motor vehicle." If the tires are for use on a racing motorcyle (i.e., a motorcycle which is not manufactured primarily for use on the public streets, roads, and highways), the tires are not considered to be manufactured for use on a "motor vehicle" and the regulation does not apply to them. We consider a label such as "For Racing Purposes Only, Not for Highway Use" as evidence of manufacture for off road use.

The execution of an HS-7 form is unnecessary when racing tires are imported whether or not they are mounted on a racing motor-cycle. However, should it be necessary to execute an HS-7 form to expedite importation, Box 8 should be used to indicate that the items being imported are not considered to be for use on a motor vehicle and are not items of motor vehicle equipment.