Interpretation ID: nht81-3.5

DATE: 08/06/81

FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA

TO: Saunders Leasing System, Inc.

TITLE: FMVSS INTERPRETATION

TEXT: This responds to your recent request for an interpretation of our requirements concerning the presence of a "DOT" symbol on retreaded truck tires. Specifically, you asked whether a retreader would be in violation of any regulations if the retreader purchases casings (used tires to be retreaded) from which the "DOT" symbol has already been removed, and whether the retreader itself has a duty to remove the "DOT" symbol.

The retreader is not liable for using casings from which the "DOT" symbol has been removed, although any manufacturer, distributor, dealer, or motor vehicle repair business other than a retreader which removes that symbol from the casings is violating Federal regulations. The retreader does have an affirmative duty to remove the "DOT" symbol from the sidewall of retreaded truck tires.

The "DOT" symbol is required to appear on new truck tires as a certification that those tires fully comply with all the requirements of Safety Standard No. 119 (49 CFR @ 571.119), pursuant to the requirement of section S6.5(a) of that standard. Any manufacturer, distributor, dealer, or motor vehicle repair business who removes this symbol would be removing an element of design installed on the tire in compliance with an applicable Federal motor vehicle safety standard. Such removal is expressly prohibited by section 108(a)(2)(A) of the National Traffic and Motor Vehicle Safety Act of 1966, as amended (15 U.S.C. 1397(a)(2)(A)). However, there is no prohibition against subsequent use of these tires for further manufacturing operations, such as retreading. Hence, a retreader using these casings would not subject itself to any liability for violating section 108(a)(2)(A) or any other regulation.

The retreader has an affirmative duty to remove the DOT symbol from the tire during the course of the retreading operation. Part 574, Tire Identification and Recordkeeping (copy enclosed) sets forth the basic tire making requirements for retreaders of truck tires. Section 574.5 imposes two basic duties on truck tire retreaders - (1) the retreader is required to mold or brand a tire identification number into the sidewall of each tire it retreads, except those retreaded solely for the retreader's own use, and (2) the "DOT" symbol shall not appear on tires to which no Federal motor vehicle safety standard is applicable. Since there is no safety standard applicable to retreaded truck tires, it follows that no "DOT" symbol may appear on the sidewall of those tires.

Should you have any further questions or need further information on this matter, feel free to contact me again.

ENC.

SAUNDERS LEASING SYSTEM INC.

June 10, 1981

Office of Chief Counsel NHTSA

Dear Sir:

Please advise us concerning the potential violations of your regulations for which a retreader of truck tires would be held responsible if a said retreader purchased tire casings on which the D.O.T. identification markings had been buffed off. Also, please advise as to a retreader's duty to remove said D.O.T. identification markings in conjunction with his retreading process.

Thank you for your assistance in this matter. If you have any questions, please feel free to contact the undersigned.

Brian T. Williams Assistant Counsel

CC: BILL JENKINS TRUCK CENTRAL/DIST. CENTER