Interpretation ID: nht75-5.9

DATE: 07/25/75

FROM: AUTHOR UNAVAILABLE; James C. Schultz; NHTSA

TO: Robert Taft Jr.; U.S. Senate

TITLE: FMVSR INTERPRETATION

TEXT: This is in further response to your letter of July 1, 1975, forwarding correspondence from Mr. R. H. Lawrence concerning the National Highway Traffic Safety Administration's (NHTSA) Tire Identification and Record Keeping regulation.

By Act of Congress (Public Law 91-265), the National Traffic and Motor Vehicle Safety Act was amended in 1970 to require manufacturers and retreaders of tires to maintain the names and addresses of first purchasers so that owners of defective tires may be notified of any defect. The legislative history of this amendment makes it clear that the Congress recognized the need for regulations in the area. Earlier joint attempts by manufacturers and the National Highway Traffic Safety Administration to notify purchasers of defective tires produced inadequate results even in cases where the manufacturer offered to replace the defective tires free of charge. The poor results were attributable to the fact that owners could not be directly notified of the defect.

The magnitude of the problem which the regulation seeks to alleviate is clear. Since the inception of the program in 1966 through 1973, there have been 1,427,670 tires recalled in 88 separate defect recall campaigns. In 1973 alone, there were 116,743 tires recalled in 11 defect recall campaigns.

With regard to the effectiveness of the recordkeeping regulation, our records indicate the percentage of tires being recorded is increasing, and should continue to increase when additional enforcement action is taken against manufacturers and dealers who do not comply with the regulation. Of course, what is most needed to make the regulation effective is the voluntary cooperation of retreaders and dealers in recording, reporting and maintaining the required information.

While this regulation indisputably places an added responsibility on retailers, we also believe that the burden is neither onerous nor unjustified in view of the danger to the consumer. NHTSA has continually attempted to improve and simplify the procedures for the registration of tires, the most recent example being the Universal Tire Registration Format issued on June 3, 1974. I have enclosed a copy for your information.

For these reasons, we are convinced that the requirement that dealers record the name and address of tire purchasers at the time of sale is reasonable and appropriate.

Mr. Lawrence also suggested that it is inappropriate to require tires to be graded on the basis of mileage, because different drivers may obtain different total mileages from identical tires. He appears to have misunderstood the meaning of the treadwear grades established by the Uniform Tire Quality Grading Standards. That regulation, issued pursuant to Section 203 of the National Traffic and Motor Vehicle Safety Act of 1966, requires new tires to be graded in each of the following performance areas: treadwear, traction, and temperature resistance. The treadwear grade is based on the mileage which a tire can be expected to attain when tested on a specified course under controlled conditions and driving procedures. This grade is not designed to predict the actual mileage a consumer will obtain from a tire, because that mileage depends on many environmental factors, including the difference in driving styles to which Mr. Lawrence has referred. It is designed to permit to prospective tire purchaser to compare the performance of competing tires. For this reason, the treadwear grade is expressed as a percentage (of a nominal 30,000 miles), rather than as a mileage. For your convenience, I have enclosed a copy of the regulation.

SINCERELY,

United States Senate

June 25, 1975

John Snow Assistant Secretary for Congressional Affairs Department of Transportation

Please find enclosed a copy of correspondence I have received concerning tire registration requirements.

I would appreciate any comments and/or information you could provide that might help me in responding to my constituent.

Thank you for your consideration of this matter.

Robert Taft, Jr.

NATIONAL FEDERATION OF INDEPENDENT BUSINESS

May 28, 1975

The Honorable Robert A. Taft, Jr. United States Senate

We are bringing to your personal attention the remarks of Federation member, Mr. Robert Lawrence, Mid City Tire & Alignment, 69 W. Church Street, Newark, Oh. 43055, appearing in the comment section of the Federation's economic survey with respect to elimination of tire registration requirements.

We believe there is much merit in the remarks made by Mr. Lawrence and we feel certain he will greatly appreciate hearing from you with reference to your thinking on this subject matter.

Thanking you for your cooperation, and with best wishes,

(Mrs.) Izetta B. Hoge Membership Services

Comments and Recommendations:

Please help tire dealers by eliminating tire registration. We spend a lot of time doing this and never have a result of any tires made in the lost 2 years.

Also grade labeling of tires for mileage is one of the (Illegible Word) thought our government has ever thought of How car you expect an 18 year old and 50 year old to get the some mileage.

Your Signature: R. H. Lawrance

Business Name: MID CITY TIRE & ALIGNMENT Street & Number: 69 W. Church St.

City or Town: NEWARK State: OHIO Zip: 43055

County: LICKING