Interpretation ID: nht71-2.38

DATE: 05/03/71

FROM: AUTHOR UNAVAILABLE; Lawrence R. Schneider; NHTSA

TO: Darden; Neef & Heitson

TITLE: FMVSR INTERPRETATION

TEXT: This is in response to your letter of January 20, 1971, petitioning for rulemaking pursuant to 49 CFR 553.31, asking that the Tire Identification and Record Keeping Regulation be inapplicable to mobile homes. The points raised in your petition have been thoroughly considered, however, your petition, by copy of this letter, is denied. As you know, many of the points you raised were considered in connection with the interpretation of "Motor Vehicle" as it refers to trailers, issued March 31, 1970 (35 F.R. 5333) (Copy Enclose The interpretation concluded that a mobile home is a motor vehicle within the meaning of the National Traffic and Motor Vehicle Safety Act of 1966, (15 U.S.C. 1381 et seq.). As such, mobile home manufacturer are required to comply with the requirements of Part 574.

The burden placed on the mobile home manufacturer by the regulation does notaappear unreasonable. The regulation requires that the vehicle manufacturer or his designs maintain a record of the tires shipped on or in its vehicles and maintain the names and addresses of the purchasers of its vehicles. Locating the purchaser should be a comparatively easy task.

Mobile homes are constructed with a view, of course, to their over-the-road capabilities. The Tire Identification and Record Keeping Regulation should be applicable to mobile homes since it relates directly to one of the instrumentalities for moving a mobile home. Should a tire sold with a mobile home be defective, we consider it essential that the purchaser of the vehicle be notified of this fact.