Interpretation ID: nht88-3.49

TYPE: INTERPRETATION-NHTSA

DATE: 09/13/88

FROM: GLENDA SWANSON LYLE -- DIRECTOR REGIONAL TRANSPORTATION DENVER COLORADO; JACK MCCROSKEY -- DIRECTOR REGIONAL TRANSPORTATION DISTRICT D DENVER COLORADO

TO: LARRY COOK -- SAFETY STANDARDS ENGINEER NHTSA

TITLE: NONE

ATTACHMT: ATTACHED TO LETTER DATED 12/09/88 TO JACK MCCROSKEY AND GLENDA SWANSON LYLE FROM ERIKA Z. JONES REDBOOK A33, STANDARD 119; LETTER DATED 08/26/88 TO MARVIN ORNES FROM R.E. MORGAN; LETTER DATED 09/09/87 TO R ROGERS FROM R.E. MORGAN, RE GOODYEAR M ILEAGE TIRES

TEXT: Dear Mr. Cook:

Thanks so much for talking with me this morning. The issue, as I'm sure you will recall, concerns the disparity between the "labeling" and the "use" of tires the Goodyear Corporation leases to Denver's Regional Transportation District for use on its fle et of approximately 750 transit buses.

By way of brief background, let me say that the RTD is an independent unit of local government, established by the Colorado General Assembly, and governed by a fifteen-person Board of Directors. The Directors, who are elected by the voters of the distri ct for four-year terms, have full legal responsibility for operating the District. The Directors hire a General Manager who is given day-to-day authority and who reports to the Board. I'm enclosing a small booklet giving some of the District's operatin g statistics for 1987.

The District provides three types of service:

1. Local. These buses operate primarily in areas where the speed limit is 35 miles per hour. However, these buses do operate for short portions of their routes where the limits range from 40 to 45 and even up to 55 miles per hour.

2. Express. These buses operate mainly--70% to 80% of the time--on local freeways where the speed limits are 55 miles per hour. Some small portion of their routes may be in 65 mile per hour limits.

3. Regional. These operate primarily in freeways where the limits run from 55 to 65 miles per hour.

2

My most pressing question for now concerns the Express buses. The tires Goodyear furnishes RTD for Local and Express use are called DXT and XT tires. The DXT tires have a maximum speed of 35 miles per hour marked on them; the XT tires have a maximum spe ed of 55 miles per hour on them.

RTD is currently using the DXT (35 miles) and the XT (55 miles) almost interchangably on the Express buses. (That is, RTD is using tires marked maximum speed 35 miles on routes where much, probably most, of the travel is at 55 miles per hour).

I am enclosing one memo and one letter, both of which are purportedly from Goodyear, saying that this practice may be acceptable. Please note that neither document is on Goodyear stationery and that neither document has the full signature of the author, or gives the author's official position in the company.

Some of us here at RTD are very much worried about the use of tires contrary to their labeling on buses carrying 40 to 70 passengers. We are also concerned by RTD's liability should an accident owing to tire failure occur.

Could you please, at your earliest possible convenience, let us know your view of the possible safety hazards and our possible legal liabilities. We would also like, should you be in a position to give it, your advice on what we should do. Should we co ntinue to use the tires contrary to their labeling? Or should we act to bring usage in conformity to labeling.

We look forward to your reply. We think quick action is essential.

Cordially,

ENCLOSURES

(Regional Transportation District Report omitted.)