Interpretation ID: aiam3671
Marketing Manager
Smithers Scientific Services
Inc.
1150 N. Freedom Street
P.O. Box 351
Ravenna
OH 44266;
Dear Mr. Williams: This responds to your letter to Mr. Kratzke of my staff, asking abou 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 fo 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 b 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 likel 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 contac Mr. Kratzke at (202) 426-2992.; Sincerely, Frank Berndt, Chief Counsel