Interpretation ID: 1983-1.6

TYPE: INTERPRETATION-NHTSA

DATE: 01/20/83

FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA

TO: Western Waste Industries

TITLE: FMVSS INTERPRETATION

TEXT:

NOA-30

Mr. Kosti Shirvanian President and Chairman of the Board Western Waste Industries P.O. Box 214 Gardena, California 90247

Dear Mr. Shirvanian:

This is in reply to your letter of December 22, 1982, informing us that the California Highway Patrol has advised one of your divisions to remove certain tires from service for failure to "display the Department of Transportation's symbol on both sidewalls in violation of the Federal Motor Vehicle Safety Standard 119 effective March 1, 1975." You have also stated that the tires are acceptable in all other respects.

Paragraph S6.5(a), requiring use of the DOT symbol on tires covered by the standard specifically states, "This symbol may be used on only one sidewall." Therefore, the tires in question would not fail to comply with Standard No. 119 by having the DOT symbol on only one of the two sidewalls.

It there should, in fact, be other items of information missing from the tires which render them technically non-compliant with the standard, we would be pleased to advise you further.

Sincerely,

Frank Berndt Chief Counsel

cc: Ms. Susan Williams Bracy, Williams & Co.

Suite 304 1000 Connecticut Avenue, N.W.

Washington, D.C. 20036

December 22, 1982

Frank A. Berndt, Chief Counsel National Highway Traffic & Safety Administration 400 - 7th Street, S.W. Room 5219 Washington, D.C. 20590

Re: Pneumont Tire - Federal Marketing Problem

Dear Mr. Berndt:

It is my understanding that Susan Williams has spoken to you about the problem that I am having in California in regard to the Federal Motor Vehicle Safety Standard 119. A division of Western Waste Industries, Western Bandag, purchased over 100 Pneumont tires from Interstate Tire Warehouse in Denver, Colorado. These tires were then subsequently sold to Associated Bus Company in Los Angeles. During certification procedures, the Highway Patrol informed Associated Bus that the tires failed to display the Department of Transportation's symbol on both sidewalls in violation of the Federal Motor Vehicle Safety Standard 119 effective March 1, 1975. The Highway Patrol enforcement officer, Mr. David English (213/736-2996) advised Associated Bus and my office that although this Act had been passed March 1, 1975, it was not placed in an information bulletin by the California Highway Patrol Enforcement Services Division until January 27, 1982.

As a result of Mr. English's findings, he has advised Associated Bus Company to remove all of the tires from their fleet which fleet services Los Angeles Unified School District. Mr. English and the Highway Patrol officers who inspected the tires have indicated that there is nothing wrong with the tires themselves except for the fact that they fail to have the DOT symbol displayed on one of the two sidewalls. Specifically, the tires are Pneumont Tires, I.D. #K52LGB2R191 tube-type with no regrooving information. They are rayon tires with a 110 pound weight, 14-ply rated, single-axle, with a maximum load of 6,610 pounds. The air pressure set forth for acceptable driving is 100. The dual weight limitation is 5,950 pounds. Moreover, the DOT symbol is found on each tire on one side of the sidewall.

As the purchaser of the tires, my company is in a position of now having to face the wrath of subsequent purchasers of these tires who are being advised by the California Highway Patrol that these tires are illegal.

We are requesting from your offices a letter addressed to the Department of California Highway Patrol, Enforcement Services Division, with a copy forwarded to Mr. David English of the Los Angeles Highway Patrol office, directing that these specific tires remain in service.

The company feels that given the seven-year lapse between the time the safety standard was effective and the time that the California Highway Patrol advised their offices of the Law, this is a situation over which we as consumers had no control. Moreover, it appears that the Customs Department of the United States failed to enforce this standard and allowed these tires into the country illegally. We are hopeful that this situation can be rectified so that our company is not subject to lawsuits from our purchasers.

Your cooperation in attempting to resolve this situation is greatly appreciated. If we need to provide you any further information, we will be at your service. Thank you again for your time.

Very truly yours,

WESTERN WASTE INDUSTRIES

KOSTI SHIRVANIAN, President and Chairman of the Board

KS/ses

cc: Susan Williams