Interpretation ID: nht93-3.1

DATE: April 14, 1993

FROM: John Womack -- Acting Chief Counsel, U.S. Department of Transportation, NHTSA

TO: Steve Thomas -- General Manager, Texas Bragg Enterprises

TITLE: None

ATTACHMT: Attached to letter dated 3-16-93 from Steve Thomas to Walter Meyers (OCC 8404)

TEXT: This responds to your letter of March 16, 1993, addressed to Walter Myers of this office. You stated in your letter that several of your dealers want to buy trailers from you without tires and wheels. You expressed doubt that those dealers have that many customers desiring to mount their own tires and wheels, and asked whether you can legally sell trailers to your dealers without tires and wheels and if so, whether you need them to sign a waiver or form to that effect.

Federal Motor Vehicle Safety Standard No. 120. TIRE SELECTION AND RUINS FOR MOTOR VEHICLES OTBOR THAN PASSENGER CARS (copy enclosed), provides that each vehicle equipped with pneumatic tires for highway use must be equipped with tires that, in the case of trailers, meet the requirements of Standard No. 119, NEW PNEUMATIC TIRES FOR VEHICLES OTHER THAN PASSENGER CARS (copy enclosed). Rims mounted on new trailers must meet the requirements of S5.2 of Standard 120.

There is, however, no specific requirement in Standard 120 that vehicles be equipped with tires and wheels. In fact, this agency's definition of a "completed vehicle" envisions the situation where a vehicle is sold without tires and wheels. That definition is set forth at 49 CFR Part 568.3, which defines a "completed vehicle" as "a vehicle that requires no further manufacturing operations to perform its intended function, other than the addition of readily attachable components, such as mirrors OR TIRE AND RIM ASSEMBLIES, or minor finishing operations such as painting" (emphasis added).

The trailer dealers to whom you ship your trailers are required by the National Traffic and Motor Vehicle Safety Act, 15 U.S. Code SS 1381 - 1431 (Safety Act) to sell vehicles that comply with all applicable Federal motor vehicle safety standards, including Standard 120. Therefore, if they sell the trailers with tires and wheels installed, those tires and wheels must meet the requirements for tires and wheels set forth in Standard 120.

In the event a new trailer sold by one of your dealers has tires and wheels that do not meet the applicable requirements of Standard 120, from a compliance standpoint it would be important to determine who equipped that vehicle with the noncomplying tires and wheels. Therefore, although not required by this agency, you might consider obtaining written statements or acknowledgements from the dealers concerned that you provided the trailers without tires and wheels, and retain those documents for your records. You might also consider consulting your attorney regarding any potential liability on your part for the actions of your dealers. Finally, we recommend that you inform any dealer whom you know to be considering installing noncomplying tires and wheels on your trailers to contact this agency for information about their responsibility under the Safety Act to sell trailers that meet the requirements of Standard

120.

I hope this information will clarify this matter for you. If you have any further questions or need further clarification, please feel free to contact Mr. Myers at this address or at (202) 366-2992.

Attachments: Federal Motor Vehicle Safety Standard Nos. 119 and 120 (Text omitted.)