Interpretation ID: nht73-1.11

DATE: 09/27/73

FROM: AUTHOR UNAVAILABLE; R. B. Dyson; NHTSA

TO: Southwestern Transportation Company

TITLE: FMVSS INTERPRETATION

TEXT:

This is in reply to your letter of July 18, 1973, requesting information on an NHTSA ruling that you understand prohibits tire companies from surrendering damaged tires to carriers for salvage purposes.

The NHTSA has not issued a ruling in the precise terms you describe. However, a recent amendment (copy enclosed) to the Federal motor vehicle safety standard applicable to passenger car tires, Standard No. 109, could be viewed as having that effect. That amendment prohibits the sale, the offer for sale, or the introduction or delivery for introduction in interstate commerce of any tire designed for use on a passenger car that fails to meet the requirements of the standard, unless the tire is altered so that it cannot be used or repaired for use on a motor vehicle (including a trailer). Tire manufacturers may be understandably reluctant to claim that damaged tires will still conform to the safety standard, and when that is the case they cannot sell them unless they are altered so that their use as motor vehicle equipment is prevented. This may reduce their value for salvage purposes. There is no specific prohibition to their surrender for use as salvage, however, and they may have salvage value if a purpose, such as scrap, unrelated to motor vehicles, is intended for them.

Sincerely,

Enclosure

Southwestern Transportation company

July 18, 1973

Department of Transportation Federal Highway Administration Washington, D.C. 20590

Gentlemen:

We recently received a claim from Firestone Tire & Rubber Company for damage to a passenger tire. Since they were claiming the full value of the tire, we questioned them concerning salvage. They replied by stating that the Department of Transportation ruled that tire companies could no longer surrender damaged tires to any carrier for salvage purposes.

As we are not familiar with this ruling, we would appreciate your furnishing us with a copy. Thanking you in advance for your cooperation.

Yours truly, C. C. King

MGR. OF FREIGHT CLAIMS