Interpretation ID: nht71-4.8

DATE: 09/01/71

FROM: AUTHOR UNAVAILABLE; E. T. Driver; NHTSA

TO: Latham; Pickard and Ennis

TITLE: FMVSR INTERPRETATION

TEXT: This is in reply to your letter of July 30, 1971, inquiring whether your client, American Jenbach Corporation, is required to comply with the Tire Identification and Recordkeeping regulations (49 CFR Part 574). In your letter you state that American Jenbach is engaged in the distribution of portable air compressors and pneumatic tools, the former being purchased in Europe and delivered to the plant in Burlington where tires are added to the wheels and other modifications are made. You state further that American Jenbach also reconditions compressors, and may replace tires as part of this process.

The Tire Identification and Recordkeeping regulations apply to manufacturers, brand name owners, retreaders, distributors, and dealers of new and retreaded tires for use on motor vehicles manufactured after 1948, and to manufacturers and dealers or motor vehicles manufactured after that date (49 CFR @ 574.4). Whether the regulations apply to American Jenbach depends on (1) whether the portable air compressors are motor vehicles under the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1381 et seq., hereinafter the Act) and (2) whether American Jenbach is a manufacturer, brand name owner, retreader, distributor, or dealer of new or retreaded tires, or a manufacturer or dealer of motor vehicles.

Section 102 of the Act (15 U.S.C. 1391) defines motor vehicle to mean "any vehicle driven or drawn by mechanical power manufactured primarily for use on the public streets, roads, and highways, except any vehicle operated exclusively on a rail or rails." Without additional information, such as pictures of the vehicles in question, we cannot give you a precise determination as to whether they are motor vehicles under the Act. However, the agency has determined

that portable compressors of the type that are mounted on tires for purposes of being towed on public highways are motor vehicles under the Act, and has classified them as trailers under the motor vehicle safety standards and regulations issued pursuant to the Act. As such, they are subject to the Tire Identification and Recordkeeping regulations.

Based upon your letter, it appears that American Jenbach Corporation is an importer of new portable compressors (trailers) and must meet the Tire Identification and Recordkeeping requirements applicable to motor vehicle manufacturers (section 574.10). In addition, under the Act American Jenbach may also be a distributor or dealer of these trailers and, if so, must also comply with the Tire Identification and Recordkeeping requirements applicable to dealers (section 574.9). Finally, American Jenbach would appear to be a tire dealer as to those tires that it replaces on reconditioned compressors and would be required to comply with the requirements applicable to tire dealers (section 574.7) with respect to those tires.

If the vehicles in question are motor vehicles, American Jenbach is required to comply with certain requirements in addition to the Tire Identification and Recordkeeping regulations. Trailers must conform to the requirements of Motor Vehicle Safety Standard No. 108, which deals with lighting requirements, and must be certified as conforming to all applicable standards in accordance with section 114 of the Act, and the Certification regulations. As of October 1, 1971, American Jenbach must also comply with the Defect Reports regulations (49 CFR Part-573). Copies of these requirements and a copy of the National Traffic and Motor Vehicle Safety Act are enclosed for your guidance.

If you have additional questions, please write to us.

Enclosures