Interpretation ID: 1983-1.29

TYPE: INTERPRETATION-NHTSA

DATE: 03/21/83

FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA

TO: Smithers Scientific Services Inc.

TITLE: FMVSR INTERPRETATION

TEXT: This responds to your letter to Mr. Kratzke of my staff, asking about the requirements of Safety Standard No. 119, New Pneumatic Tires for Motor Vehicles Other Than Passenger Cars (49 CFR 571.119) (copy enclosed). Specifically, you are representing a towing trailer manufacturer which would like to mount aircraft tires on its trailers as original equipment.

Paragraph S5.1.1 of Standard No. 120, Tire Selection and Rims for Motor Vehicles Other Than Passenger Cars, 49 CFR 571.120) specifies that new trailers shall be equipped with tires that meet the requirements of either Safety Standard No. 109, which applies to passenger car tires, or Safety Standard No. 119. Your client intends to meet this requirement by equipping the trailers with tires which comply with Standard No. 119. However, your tests showed that the aircraft tires which the trailer manufacturer wants to use on the trailers could not pass the high speed test in Standard No. 119. You asked if the high speed test requirement could be avoided if those tires were speed-restricted to 55 miles per hour (mph) or less.

The answer is yes. Speed restrictions may only be placed on a tire by the tire manufacturer, and may only be specified at 35, 50, or 55 mph. To create a speed-restriction, paragraph S6.5(e) of Standard No. 119 requires the tire manufacturer to mark the notation "max speed 55 mph" on both sidewalls. When a tire is so marked, it is speed-restricted for purposes of Standard No. 119. Paragraph S6.3 of Standard No. 119 states that the high speed test requirement "applies only to motorcycle tires and non-speed-restricted tires."

Accordingly, no high speed tests are conducted on tires which are speed-restricted.

You should, however, be aware of the requirements of 49 CFR Part 567, Certification (copy enclosed). Specifically, section 567.4(g)(3) and (4) requires a vehicle manufacturer to show a gross vehicle weight rating (GVWR) and gross axle weight rating (GAWR) for each axle on the certification label required to appear on all new vehicles. The NHTSA requires that the GVWR and GAWR placed on the certification label be unqualified by any speed restrictions and be based on the 60 mph capabilities assigned to the tires and rims by the Tire & Rim Association. Other GVWR and GAWR values may be assigned by the manufacturer, but they must be listed after the information required on the certification label, and they do not form the basis for testing a vehicle's compliance with safety standards, such as Standard No. 120.

Finally, I wish to emphasize that if these towing trailers are likely to be used at speeds in excess of 55 mph, the use of tires which are speed-restricted to 55 mph might well be determined to constitute a safety-related defect in the vehicle, under the terms of the National Traffic and Motor Vehicle Safety Act of 1966, as amended (15 U.S.C. 1381 et seq.). When a determination is made that a vehicle or item of equipment contains a safety-related defect, section 154 of the Safety Act (15 U.S.C. 1414) requires the manufacturer to repair or replace the defective vehicle or item without charge to the purchaser.

Should you need any further information on this matter, please contact Mr. Kratzke at (202) 426-2992.

Sincerely,

ATTACH.

December 21, 1982 Steven Kratzke -- Office of Chief Counsul, U. S. DEPARTMENT OF TRANSPORTATION, National Highway Traffic Safety Admn.

Dear Mr. Kratzke:

This letter will confirm our meeting held in your office on Dec. 7, 1982 in which Wim Hermans of Sedelmayer and myself discussed use of his "towing axle" in the United States. You will recall that Mr. Hermans showed you sales literature describing Sedelmayer's "towed axle" which has been in service in Europe for some 18 years.

Our main question to you was to identify the correct and proper method by which to consider the 5.00"x5" size Goodyear brand aircraft tires currently being used on this "towed axle." The primary use for this device has been in towing disabled or damaged passenger vehicles to a dealership or repair garage at speeds below the posted 55 mph speed limit currently in force throughout the United States. As such, Smithers felt that Sedelmayer needed to brand his tires "55 mph speed restricted" and have tires tested to the existing DOT 119 regulations as a speed restricted tire. Once laboratory testing confirmed Sedelmayer's tire as passing the DOT 119 regulation, Sedelmayer would need to have Goodyear (or any other supplier) supply tires labeled for speed restriction to be within compliance with DOT 119 for tires other than passenger tires used on public highways.

You confirmed Smithers' summary of Mr. Herman's situation and told us that to proceed in the above stated manner would satisfy your office and the DOT 119 regulations.

Would you please forward to the writer your written understanding of this matter so that our records and proper sequence methodology are accurate as stated? I await your reply. Should you require additional information in this matter, please advise.

Sincerely, SMITHERS SCIENTIFIC SERVICES, INC.; David E. Williams -- Marketing Manager cc: Wim Hermans, Sedelmayer