Interpretation ID: nht81-1.42

DATE: 03/16/81

FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA

TO: L. O. Willbrand, Esq.

TITLE: FMVSS INTERPRETATION

TEXT:

NOA-30

Lawrence O. Willbrand, Esq. Suite 873 Paul Brown Bldg. 818 Olive Street St. Louis, MO 63101

RE: Ms. Sharon James

Dear Mr. Willbrand:

This is in reply to your letter of February 19, 1981, with respect to motorcycle tires.

The agency has issued Federal Motor Vehicle Safety Standard No. 119 (49 CFR 571.119), New Pneumatic Tires for Vehicles Other Than Passenger Cars. This standard specifies requirements for new tires designed for highway use on motorcycles, among other vehicle types. I enclose a copy for your information. The agency has issued no standards for off-road vehicle tires such as trail bike tires as our jurisdiction is limited to those items produced for installation on vehicles manufactured primarily for use on the public roads.

If the motorcycle in question was originally sold with trail bike tires installed (i.e., any tire not stamped with a DOT symbol indicating its conformance to Standard No. 119), that sale might be a violation of Section 108(a)(1)(A) of the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1397(a)(1)(A)). But the Act does not prohibit the owner of an on-road motorcycle from putting off-road tires on his bike and using it on the public roads.

If you have any further questions, I would be pleased to answer them.

Sincerely,

Frank Berndt Chief Counsel

Enclosure

February 19, 1981

Federal Motor Vehicle Safety Standards % Department of Transportation Washington, D.C. 20591

RE: Mrs. Sharon James

Dear Sir:

Does your office possess or prepare standards relating to tires on a trail bike or and public road motorcycles.

Specifically I am seeking this material in connection with a tire for said vehicle which propells rocks because the tire was made with "knobs" for trails but was being used on the public roads and had equipment qualifying it to do so.

I would be happy to pay for such materials, references, or citations.

I am most appreciative for any attention you might give this matter.

Very truly yours,

Lawrence C. Willbrand

LCW: mw