Limousine Digest - Where the Rubber Meets the Law

Limousine Digest Online Article

Where the Rubber Meets the Law
Recent Legislation and Regulations Governing Tires
— By Steve McDonald

Federal regulation of tires has been a topic of intense scrutiny ever since the Ford/ Firestone tire debacle of 2000. As a result, lawmakers enacted the Transportation Recall Enhancement, Accountability and Documentation (TREAD) Act, which requires the National Highway Traffic Safety Administration (NHTSA) to strengthen its regulations for tires and other equipment. Most of the TREAD Act's tire requirements have been enacted or are in the final stages of implementation. The following is a brief status report on those mandates and related initiatives.

Tire-Pressure Monitoring Systems (TPMS): NHTSA recently issued a proposed rule requiring that new vehicles be equipped with tire-pressure monitoring systems capable of detecting when a tire is significantly under-inflated. This is the second time the agency has issued the regulation. A federal court rejected the first rule in 2002, which gave automakers the option of installing "direct" or "indirect" systems, on the grounds that indirect systems were not as reliable. NHTSA was instructed to require a system capable of detecting under-inflation in all four tires, a position that SEMA had strongly advocated during the original rulemaking procedure.

Under the NHTSA proposal, the TPMS would be required to work only with the original tires and rims. While it would be anticipated that the TPMS would work with most replacement and optional tires, it would not be mandated. However, the rule would require installation of a malfunction indicator to alert the driver that the system was not working. SEMA has called upon NHTSA to require vehicle manufacturers to share all information necessary to permit installation and servicing of aftermarket tires and wheels on vehicles equipped with tire-pressure monitoring systems. SEMA voiced concern that the proposed rule would not ensure the aftermarket's ability to recalibrate the TPMS for any potential wheel/tire package. SEMA disagreed with NHTSA's contention that the rule applied to only the original tires and wheels, since consumers would have a legitimate expectation that the TPMS will continue to operate properly when replacement or alternate tires and wheels are installed. NHTSA is expected to issue a final rule in mid-2005, with a two-year phase-in period beginning in September 2005.

New Tire Performance Standard: NHTSA has established a new tire performance standard (FMVSS No. 139) for most tires used on cars and light-duty trucks, effective June 1, 2007. As a consequence, all mass-production radial and bias tires will be subjected to greater speeds and heavier loads during testing. The new standard applies to limited-production radials as well, but limited-production bias tires will continue to be covered under the current tire standards (FMVSS No. 109 and 119). These bias tires are used on antique/classic cars and also have racing and off-road applications. SEMA noted that there is no safety reason for subjecting these tires to a stricter standard.

Meanwhile, the associated costs and possible design changes needed to meet the tougher rule could have eliminated these hobbyist tires from the marketplace. SEMA made the same argument for low-production radial tires, but NHTSA included them under the new tire standard (No. 139). SEMA member Denman Tires petitioned NHTSA to reconsider that decision. The petition has been supported by letters from SEMA, the Tire Industry Association, the Small Business Administration, the U.S. House Small Business Committee and various members of Congress. A decision by NHTSA is expected in the near future.

Improved Tire Safety Information: NHTSA issued a final rule in 2002 that requires tire and vehicle manufacturers to provide more tire information to consumers. The rule covers new passenger vehicles weighing less than 10,000 pounds and applicable tires. The Tire Identification Number (TIN) must now appear on both sides of the tire (although the manufacturing date need appear only on the intended outboard sidewall) and be at least 1/4-inch high. Tire makers have two years to phase in the marking mandates, until September 2006. Meanwhile, automakers were required to place the tire inflation/load limit placard on the driver's side post by September 2003, using a defined format. Automakers must also provide more tire safety information, including a discussion of correct tire inflation in owner's manuals.

Disposal of Recalled Tires: NHTSA issued a final rule in 2004 on how recalled tires are to be discarded. Defective or noncompliant tires are not to be resold or disposed of in landfills, to the extent that it is reasonably within the manufacturer's control.
Sale/Lease of Defective Tires: NHTSA issued a final rule in 2001 that requires any person who knowingly sells or leases defective/noncompliant tires to report the sale or lease to NHTSA.

Sale/Lease of Defective Vehicles/Equipment: NHTSA issued a final rule in 2002 that requires any person who knowingly sells or leases defective/noncompliant vehicles to report the sale or lease to NHTSA.

Tire Expiration Dates: NHTSA has been petitioned by a safety-research group to establish expiration dates for tires (similar to food expiration dates). At issue is the claim that some rubber compounds degrade over time, even if unused. NHTSA has been in the process of studying the topic but has found that it may be difficult to establish a uniform time limit (example: 10 years) that does not take into account other contributing aging factors such as climate, handling and storage. There is no time frame for NHTSA to rule on the petition.

California Replacement-Tire Efficiency Labeling Requirement: California passed a law that requires state regulators to develop a tire fuel-efficiency program for passenger car and light-truck replacement tires. A SEMA-drafted provision was included in the new law. The SEMA provision exempts limited-production tires (15,000 or less annually), deep-tread snow tires, limited-use spares, motorcycle tires and tires manufactured for use on off-road vehicles from the scope of the law and subsequent regulation. According to the law's sponsors, the program will be designed to ensure that replacement tires are at least as energy efficient, on average, as tires sold as original equipment and will include a replacement-tire rating system.

Federal Replacement-Tire Efficiency Labeling Requirement: A bill was introduced and then abandoned in the U.S. Senate to establish a Federal Tire Efficiency Program. It should be noted that NHTSA has authority to initiate such a program on its own, without Congressional legislation. SEMA will work to defeat any such measure by Congress or NHTSA in the future or, alternatively, to include the same SEMA exemption provision as appears in the California program.

Early Warning Rules: Large-volume tire manufacturers (more than 15,000 tires of same size and design annually), large-volume vehicle manufacturers (more than 500 vehicles annually) and child restraint system manufacturers must supply NHTSA with "early warning" information about injuries, property damage, consumer complaints, warranty claims, field reports and production data on a set time schedule. The purpose is to provide NHTSA and the industry with the opportunity to determine if such information points to a safety or defect issue that may otherwise not be widely apparent. Equipment manufacturers are generally not required to supply early warning materials. However, please note the following two circumstances that automatically require all manufacturers to send materials to NHTSA: 1) Any incident or allegation involving a death must be reported to NHTSA; 2) recall notices, advisories or customer satisfaction campaigns where these reference the need to repair, replace or modify motor vehicles or equipment. Manufacturers must provide NHTSA with a copy of each document that was sent to more than one dealer. LD