Interpretation ID: nht92-9.30

DATE: February 3, 1992

FROM: Kenneth R. Brownstein -- Senior Counsel, PACCAR Inc., Law Department

TO: Office of Chief Counsel, NHTSA

TITLE: Re: Request for Clarification of 571.120 - Standard 120

ATTACHMT: Attached to letter dated 3/23/92 from Paul Jackson Rice to Kenneth R. Brownstein (A39; Std. 120)

TEXT:

PACCAR Inc, a manufacturer of Kenworth and Peterbilt vehicles, hereby submits a request for clarification of S571.120, Tire Selection and Rims for Motor Vehicles Other Than Passenger Cars.

S5.1.3 of 571.120 states:

"In place of tires that meet the requirements of Standard No. 119, a truck, bus, or trailer may at the request of a purchaser be equipped at the place of manufacture of the vehicle with retreaded or used tires owned or leased by the purchaser, if the sum of the maximum load ratings meets the requirements of S5.1.2. Used tires employed under this provision must have been originally manufactured to comply with Standard No. 119, as evidenced by the DOT symbol."

The standard clearly allows purchasers of vehicles to supply the vehicle manufacturer with retread tires for installation on the new vehicle. The intent of the standard appears to be to allow the purchaser to choose whether or not the new vehicle has retread tires and to ensure they have knowledge of this fact. PACCAR manufactures a customized vehicle, allowing retail customers to specify particular components including tires for the vehicle. PACCAR believes that the intent of the standard would be met if a customer specifically orders retreads for his vehicle and the vehicle manufacturer supplied them rather than the purchaser.

It is requested that PACCAR be permitted to install, at the specific request of the buyer, retread tires. The tires installed would comply with Standard No. 119, as evidenced by the DOT symbol. By allowing PACCAR to buy the tires, the process would be more efficient and provide the truck owner an advantage in not having to make a separate purchase, eliminating duplicate paperwork. It would also eliminate extra shipping and handling of the tires.

Your response to this request is respectfully requested.