Interpretation ID: nht88-1.4

TYPE: INTERPRETATION-NHTSA

DATE: 01/01/88 EST

FROM: DONALD N. STAHL -- DISTRICT ATTORNEY; JOHN T. FORTH -- CRIMINAL INVESTIGATOR, OFFICE OF DISTRICT ATTORNEY MODESTO CA

TO: ERIKA Z. JONES -- CHIEF COUNSEL NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION

TITLE: MCCOY TIRE SERVICE CENTER D.A. NO. CF696

ATTACHMT: ATTACHED TO LETTER DATED 12/09/88 FROM ERIKA Z JONES TO DONALD N. STAHL; REDBOOK A33, STANDARD 119; LETTER DATED 03/01/88 FROM DAVE TAYLOR TO JOHN FORTH; LETTER DATED 07/13/87 FROM ERIKA Z JONES TO JACK DENIJS; LETTER DATED 05/19/87 FROM JACK D ENIJS TO CHIEF COUNSEL, NHTSA; OCC - 500; RE COVERED DOT NUMBERS ON REMANUFACTURED TRUCK CASINGS

TEXT: Dear Ms. Jones:

Our office is currently conducting an investigation pursuant to Section 17200 of the California Business and Professions Code (unfair business practice).

The case was brought to our office's attention on January 28, 1988, by the California Highway Patrol (CHP). A routine inspection of a local school district's buses disclosed new recapped tires on a bus which had no D.O.T. markings on the tire casing. The CHP learned during the course of their investigation that these tire casings were originally designed for use by a rubber tire train in Japan and were new tires that had been imported for recapping purposes. The CHP investigation disclosed the tir e casings were imported as slicks (no tread design) and the slick was removed. The tires were then recapped using the "bondag" process and resold by the captioned company to the school district.

We contacted Mr. Dave Taylor, Regional Manager/Field Engineer of Bridgestone (USA) Inc., as the tire casings were manufactured by Bridgestone. Attached as Exhibit 1 is his response regarding these tires. His response also indicated the tire was spec ifically designed for rubber tire subway trains in Japan. He also wrote, ". . . is not suitable by any means for highway use", referring to the tires themselves in his letter.

Mr. Taylor also included in his letter a copy of an opinion by your office (date unknown) indicating that tire casings could be imported for recapping use. The letter refers to a June 18, 1981, letter from former Chief Counsel Frank Bundt to Mr. Ray L ittlefield. Attached as Exhibit #2 is a copy of a letter from your office to Mr. Jack DeNijs which refers to these two mentioned opinions.

I have also included as Exhibit #3 a CHP drawing of the tires in question depicting all the markings on the tire casing. Three (3) of these tires are currently being held as evidence by the CHP.

We are requesting an opinion as to the following: 1. Is it permissible to import this type of tire casing?

2. If it is permissible to import this tire casing, does this particular type of tire casing meet Department of Transportation standards?

Your prompt handling of this matter would be greatly appreciated as the above captioned company wants the tires back. If I can be of further assistance, please contact me at telephone number (209) 525-5550.

Enclosures