Interpretation ID: nht75-5.44

DATE: 08/25/75

FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA

TO: Harney, Bambic & Moore

TITLE: FMVSS INTERPRETATION

TEXT: Please forgive the delay in responding to your letter of April 5, 1975, requesting an interpretation of Section 202 of the National Traffic and Motor Vehicle Safety Act of 1966.

Section 202 does not directly require any motor vehicle to be equipped with appropriate tires. It instructs this agency to establish, by regulation, motor vehicle safety standards which will in turn require vehicles to be so equipped. Standard No. 110, Tire selection and rims -- passenger cars, implements this instruction with respect to passenger cars. A three-quarter-ton pick-up truck, however, would be subject instead to proposed Standard No. 120, Tire selection and rims for motor vehicles other than passenger cars (copy enclosed). The National Highway Traffic Safety Administration expects to act on that proposal in the near future.

Standards issued pursuant to Section 202 do not apply to vehicles after they have been purchased for the purpose of being rented or leased to the general public; they are applicable only to vehicles up to the point of first purchase.

SINCERELY,

HARNEY, BAMBIC & MOORE

ATTORNEYS AT LAW

April 5, 1975

Department of Transportation

I have a specific question with regard to the applicability of Section 202 of the National Traffic and Motor Vehicle Safety Act of 1966. Does Section 202 apply to three-quarter ton pick-up trucks? If so, does the Act, pursuant to regulations promulgated under the Act, require that a vehicle such as a three-quarter ton pick-up truck be equipped with tires which, according to regulations (perhaps the Tire and Rim Association), are capable of carrying the gross vehicle weight as that gross vehicle weight is identified by the truck manufacturer (such as General Motors Corporation)?

My next question is whether or not Section 202 is meant to apply to companies or businesses which engage in the renting or leasing of such types of trucks to the general public.

I would very much appreciate any assistance you can give me with regard to the interpretation of Section 202 as outlined above.

Thank you very much for your courtesy and cooperation.

William S. Hart