Interpretation ID: 1983-1.20

TYPE: INTERPRETATION-NHTSA

DATE: 02/24/83

FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA

TO: Garvin-Fram Inc. -- Jack Garvin

TITLE: FMVSS INTERPRETATION

TEXT:

Mr. Jack Garvin Vice President-Operations Garvin-Fram, Inc. 817 Albion Avenue Schaumburg, Illinois 60193

Dear Mr. Garvin:

This responds to your recent letter to Mr. Kratzke of my staff requesting information concerning any regulations applicable to the salvage and sale of farm implement tires exposed to a warehouse tire. This agency has no such regulations, and I am not aware of any Federal regulations.

The National Traffic and Motor Vehicle Safety Act, as amended 1974 (15 U.S.C. 1381 et seq.), gives this agency authority to regulate motor vehicles and motor vehicle equipment. Tires for use on motor vehicles are subject to regulation as motor vehicle equipment. Section 102(3) of the Safety Act (15 U.S.C 1391(3)) defines a motor vehicle as "any vehicle driven or drawn by mechanical power manufactured primarily for use on the public streets, roads, and highways.." Farm implements have been determined not to be motor vehicles because they are not manufactured primarily for use on public roads. Therefore, tires for use on farm implements are not considered motor vehicles equipment, and are not regulated by this agency. The inventory sheet attached to your letter shows that these tires are of a size and strength that were designed for use on farm implements. Accordingly, you may conduct the salvage and sale of these farm implement tires as you wish without violating any of this agency's regulations.

In your telephone conversation with Mr. Kratzke, you mentioned that some tires for use on passenger cars were also involved in the fire and asked about any agency requirements for subsequent sale of these tires. With respect to those tires, the manufacturer that has certified the tires as complying with our safety standards ( by molding the letters "DOT" on the sidewall) must make a determination of whether the certification is still valid. If the manufacturer determines that the certification is still valid, the tires may be sold. If, on the other hand, the certification is not still valid, the manufacturer must remove its DOT symbol from the sidewall of the tires, and those tires coud not be sold. The means by which the manufacturer determines whether or not its certification is still valid is left completely to the discretion of the individual manufacturer. I have enclosed a 1981 interpretation explaining this more fully. I appreciate your concern for tire safety and for complying with our safety regulations.

Sincerely,

Frank Berndt Chief Counsel Enclosure

January 18, 1983

National Highway Traffic Safety Administration Office of the Chief Council 400 7th St. S.W., Room 5219 Washington, D.C. Attn: Mr. Steve Kratzke

RE: Farm Implement Tires

Dear Mr. Kratzke:

Enclosed is an inventory of the farm implement tires I referred to in our phone conversation on January 18, 1983.

Basically, what we would like to know is are there any Federal regulations, particularly through the NHTSA, regarding the salvage and sale of distressed farm implement tires. In this case, the tires were involved in a fire in Zealand, Michigan, however these particular tires were approximately 50 to 75 feet away from the fire area. Additionally, there were approximately 1000 passenger tires between the fire area and implement tires, acting as an insulator from the heat.

I will await your reply in writing before disposing of the tires. Additionally, after receiving your letter, I will again contact the manufacturer to see if they would like to run tests on these tires for quality control purposes, which they have to date refused to do.

Very truly yours,

Garvin-Fram, Inc.

Jack Garvin Vice President-Operations