Interpretation ID: nht72-1.31

DATE: 02/11/72

FROM: AUTHOR UNAVAILABLE; R. B. Dyson; NHTSA

TO: Bandag Incorporated

TITLE: FMVSS INTERPRETATION

TEXT: This is in reply to your letter of January 15, 1972, asking whether your "treadless" passenger car tire will be considered a new tire under the Federal motor vehicle safety standards. You enclose a diagram and explain that the "treadless" tire is a "brand new . . . tire that we will furnish our dealers and then they will apply a new Bandag tread to the tire and then sell the finished unit."

Based upon the description you have provided, we are of the opinion that your treadless tire is a new tire, and consequently subject to Motor Vehicle Safety Standard No. 109. Also, as each dealer applies the tread to the tire, each would be considered a "manufacturer" under the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1381 at seq.), and be responsible for the requirements imposed upon manufacturers by the Act, and a standards and regulations issued pursuant to it.

We are pleased to be of assistance.