Interpretation ID: nht73-1.17

DATE: 10/24/73

FROM: AUTHOR UNAVAILABLE; E. T. Driver for R. L. Carter; NHTSA

TO: T. J. Wagner

COPYEE: PESKOE; WALLACE; ARMSTRONG

TITLE: FMVSS INTERPRETATION

TEXT:

This is in reply to your letter of September 18, 1973, concerning your recent purchase of tires that were marked "Blemtube type must use tube," but which were installed on your car without tubes.

The NHTSA does consider the mounting of "tube type" tires without tubes to involve at least a potential violation of the National Traffic and Motor Vehicle Safety Act. However, the establishment of a violation by the agency involves the purchase and testing of new tires, a time-consuming and costly process. The agency would not, moreover, under its authority, be able to take any action with respect to the tires sold to you. We will, however, inquire into the matter by contacting the dealer who sold you the tires in the hope that we may prevent a recurrence of the problem.

Thank you for bringing this matter to our attention.

Sincerely,

WAGNER COMPANY, INC.

AIRMAIL September 18, 1973

Office of the Secretary Department of Transportation

Dear Sir:

I have recently been the beneficiary of laws which your department has established in regards to the branding of defective tires. I do a great deal of expressway driving, so it is very possible my life or that of others has been spared.

Two weeks ago, I ordered from Ciesar's Chrysler Dealers in Whiting, Indiana, and was billed $ 50 per tire for a first trade set of tires. On September 15, 1973, a gas station attendant, while observing my tires, noticed that they were Seconds and banded, "Blemtube type must use tube". He also discovered that the four tires were mounted tubeless. These were GoodYear tires and all carried your identification number [illegible].

I contacted the Hammond Police to witness my predicament and they informed me that my car would not pass a safety inspection and if I had been involved in an accident, I could have been subject to arrest. I informed the Indiana State Police who told me there was nothing they could do since they knew of no state law prohibiting such an act by this new car dealer. Your law of branding the tires is very good, but it is too bad that there isn't a penalty against people who mount tires in an unsafe condition, or is there?

Your advice to a common citizen would be appreciated as to any recourse that I have.

Yours very truly,

T. J. Wagner

cc Congressman William J. Madden