Interpretation ID: nht74-4.13

DATE: 07/10/74

FROM: AUTHOR UNAVAILABLE; Lawrence R. Schneider; NHTSA

TO: University of Virginia

TITLE: FMVSS INTERPRETATION

TEXT: This is in reply to your letter of May 28, 1974, asking whether there are any Federal laws that would have a bearing on the University of Virginia's contemplated decision to purchase a tire grooving machine to regroove tires that will be used on buses operated by the University.

The NHTSA has recently amended Federal "Regrooved Tire" regulations (49 CFR 569, copy enclosed) to prohibit any person from regrooving his own tires (49 CFR @ 569.7). The regulation would apply to the University with respect to the tires you contemplate regrooving for use on university buses, and should certainly bear on your decision to purchase a tire regrooving machine.

The amendment to the regulation resulted from litigation National Association of Motor Bus Owners v. Brinegar, 483 F.2d 1294 (D.C. Cir. 1973) in which the United States Court of Appeals held that under section 204 of the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1524) Congress authorized this agency to permit only the sale of regrooved tires.

There are presently some efforts being made in the Congress to amend the Safety Act to alter the effect of this court decision. No final action of any kind has been taken, however, and we do not know whether or when such action might be taken.

ENC.