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Interpretation ID: GF006627-2

    Mr. Michael Kastner
    Director of Government Relations
    National Truck Equipment Association
    1300 19th Street, NW, 5th Floor
    Washington, DC 20036-1609


    Dear Mr. Kastner:

    This is in response to your letter of September 8, 2004, in which you requested interpretation of the new tire information placard requirements in S4.3 of the Federal Motor Vehicle Safety Standard (FMVSS) No. 110, Tire selection and rims for motor vehicles with a GVWR of 4536 kilograms (10,000 pounds) or less, as amended June 3, 2004 (see 69 FR 31306).

    The standard currently applicable to the vehicles described in your letter (trucks and trailers) is FMVSS No. 120, Tire selection and rims for motor vehicles other than passenger cars.S5.3 of FMVSS No. 120 requires that the tire information must appear on the vehicle certification label or on a separate tire information label affixed to the vehicle in the same manner and location as the certification label (see 49 CFR 567.4).

    Effective September 1, 2005, FMVSS No. 110 will apply to trucks and trailers with a GVWR of 10,000 pounds or less.S4.3 of that standard will require that each vehicle contain either a single vehicle placard with a revised list of tire information, or a vehicle placard and a supplementary tire inflation pressure label, affixed to the drivers side B-pillar.Prior to September 1, 2005, compliance with the new requirements in S4.3 is voluntary.Thus, until September 1, 2005, the vehicles described in your letter with a GVWR of 10,000 pounds or less may comply with either S5.3 of FMVSS No. 120 or S4.3 of the amended version of FMVSS No. 110.

    You ask whether a tire information placard, affixed to a previously certified vehicle that has been altered, may remain on that vehicle if it contains incorrect information because of the alteration.You also ask if it is permissible to remove or black out portions of the tire information placard that may contain incorrect information.Your letter does not specify whether the placard in question is one affixed pursuant to the current requirements of FMVSS No. 120 or the new requirements of FMVSS No. 110.Our answers follow.

    First, irrespective of which tire information placard is affixed to the vehicle, the information on that placard must be correct. Under 49 U.S.C. 30112, a dealer may not sell vehicles or equipment that do not comply with applicable safety standards.Also, 49 U.S.C. 30122 prohibits dealers, manufacturers, and certain other entities from "making inoperative, in whole or in part" any part of a device or element of design installed on or in a motor vehicle in compliance with an applicable motor vehicle safety standard. Accordingly, a dealer must replace the tire information placard if, after the dealer installs additional equipment, the required information is no longer accurate. We note that, with respect to altered vehicles, S4.3.2 of FMVSS No. 110 specifically requires that a new tire information placard replace the original placard if the previously certified vehicle has been altered such that the information on the existing placard is no longer valid.

    In the event that a vehicle contains a tire information placard affixed pursuant to S5.3 of FMVSS No. 120, and a placard affixed pursuant to the requirements of S4.3 of FMVSS No. 110, at least one placard must contain accurate information and must fully comply with applicable requirements.The other placard may remain if it is accurate, or must be removed or replaced, if it is not.

    The National Highway Traffic Safety Administration has consistently stated with respect to labeling requirements that additional information may be present (unless specifically prohibited), provided that the additional information "does not obscure or confuse the meaning of the required information or otherwise defeat its purpose."In the case at hand, a second, voluntarily affixed placard containing incorrect tire safety information would confuse the meaning of the required information on the required placard.Accordingly, the second placard would have to be replaced, or be removed.

    In sum, until September 1, 2005, the altered vehicles described in your letter must fully comply with current requirements in FMVSS No. 120 or the new requirements in FMVSS No. 110.In both instances, the tire information placard must contain accurate information.If both placards are affixed to the vehicle, neither placard may contain information that would confuse the meaning of the required contents.

    I hope you find this information helpful.If you have further questions, you may contact Mr. George Feygin of my staff at (202) 366-2992.

    Sincerely,

    Jacqueline Glassman
    Chief Counsel

    ref:110
    d.12/22/04