Interpretation ID: nht72-6.54

DATE: 06/08/72

FROM: AUTHOR UNAVAILABLE; David Schmeltzer; NHTSA

TO: Scott's Trailer Market

TITLE: FMVSR INTERPRETATION

TEXT: This is in reply to your letter of May 10, 1972 to Mr. E. T. Driver requesting further clarification of the Tire Identification and Record Keeping regulations concerning your responsibility as a seller of trailer coaches.

The regulation does not distinguish between the responsibility of manufacturers, distributors and dealers of trailer coaches as opposed to manufacturers, distributors and dealers of other type vehicles. Therefore, a manufacturer of a trailer coach is required, pursuant to section 574.10 of the regulation, to maintain a record of tires shipped on or in the vehicle and the name and address of the purchaser of the vehicle. The manufacturer is free to use the tire identification system on the tire or any other system as long as the system would enable him to notify the purchaser of the vehicle in the event the tires the vehicle is equipped with become the subject of a recall. Therefore, in most cases, if the manufacturer obtains the name of the purchaser from the seller and is able to identify the tires on the vehicle, he is able to meet this requirement. The method the manufacturer uses to maintain a record of the tires on the vehicle appears to vary, but the efficiency of that record is the responsibility of the manufacturer.

On the other hand, if the vehicle dealer changes tires prior to the sale to the user, the manufacturer is no longer responsible for maintaining the record of the tires on the vehicle. In this case section 574.9(b) of the regulation would apply and the vehicle dealer would have to send the name and address of the purchaser of the vehicle, the tire identification number of the tire on the vehicle, and the dealer's name and address to the manufacturer of the tires.

For your convenience enclosed is a copy of the regulation.