Interpretation ID: nht92-1.27

DATE: 12/10/92

FROM: PAUL JACKSON RICE -- CHIEF COUNSEL, NHTSA

TO: DAVID KENNEDY -- W. Y. MOBERLY, INC.

ATTACHMT: ATTACHED TO LETTER DATED 11-11-92 FROM DAVID KENNEDY TO NHTSA OFFICE OF CHIEF COUNSEL (OCC 8035); ALSO ATTACHED TO LETTER DATED 12-30-82 FROM FRANK BERNDT TO KENNETH M. BUSH

TEXT: This responds to your letter of November 11, 1992, asking for an interpretation of Federal regulations pertaining to the importation of automotive rims for motorcycle use.

Your Canadian client ships to the United States a motorcycle conversion kit consisting of a prefabricated rear end assembly complete with brakes, drums, brake lines, and passenger car tires mounted on passenger car rims. While the tires bear a DOT certification symbol, the rims do not. You understand that motorcycle rims must bear a DOT certification symbol, and that passenger car rims are not required to be certified. You have asked whether, under these circumstances, the passenger car rims in the kit must bear a DOT certification.

Some years ago, Suzuki Motor Co. asked the agency whether Federal Motor Vehicle Safety Standard No. 120, Tire Selection and Rims for Motor Vehicles Other Than Passenger Cars, allow a manufacturer to equip a motorcycle with passenger car tires and rims. On December 30, 1982, we replied that paragraph S5.1.1 of Standard No. 120 did permit a motorcycle to be equipped with tires meeting the requirements of Standard No. 109, the passenger car tire standard. Although passenger car tires must be fitted to rims suitable for their use, which will ordinarily be passenger car rims, Standard No. 120 nonetheless requires that rims intended for use on motorcycles be marked in accordance with paragraph S5.2. These markings include the DOT certification symbol. As you have surmised, the standard that covers passenger car tire rims, Standard No. 110, contains no marking requirements. Therefore, since your client wishes to export new tire/rim combinations for use on motorcycle conversions, the tires must be certified as conforming to Standard No. 109, and the rims certified as conforming to Standard No. 120. I enclose a copy of our letter to Suzuki.