DOT 49 CFR PART 574-2010 TIRE IDENTIFICATION AND RECORDKEEPING.pdf

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1、173 Natl Highway Traffic Safety Admin., DOT Pt. 574 require submission of a plan, may iden-tify the parts to be provided and/or the sources of those parts, may require the manufacturer to notify the agency and owners about any differences among different sources or brands of parts, may require the m

2、anufacturer to iden-tify additional authorized repair facili-ties, and may specify additional owner notifications related to the program. The Administrator may also require the manufacturer to include a program to provide reimbursement to owners who incur costs to obtain the acceler-ated remedy. (e)

3、 Under an accelerated remedy pro-gram, the remedy that is provided shall be equivalent to the remedy that would have been provided if the manufactur-ers remedy program had not been ac-celerated. The replacement parts used to remedy the defect or noncompliance shall be reasonably equivalent to those

4、that would have been used if the rem-edy program were not accelerated. The service procedures shall be reasonably equivalent. In the case of tires, all re-placement tires shall be the same size and type as the defective or noncompli-ant tire, shall be suitable for use on the owners vehicle, shall ha

5、ve the same or higher load index and speed rating, and, for passenger car tires, shall have the same or better rating in each of the three categories enumerated in the Uniform Tire Quality Grading System. See 49 CFR 575.104. In the case of child restraints systems, all replacements shall be of the s

6、ame type (e.g., rear-fac-ing infant seats with a base, rear-fac-ing infant seats without a base, con-vertible seats (designed for use in both rear- and forward-facing modes), for-ward-facing only seats, high back booster seats with a five-point harness, and belt positioning booster seats) and the sa

7、me overall quality. (f) In those instances where the ac-celerated remedy program provides that an owner may obtain the remedy from a source other than the manufac-turer or its dealers or authorized facili-ties by paying for the remedy and/or its installation, the manufacturer shall re-imburse the ow

8、ner for the cost of ob-taining the remedy as specified on paragraphs (f)(1) through (f)(3) of this section. Under these circumstances, the accelerated remedy program shall include, to the extent required by the Administrator: (1) A description of the remedy and costs that are eligible for reimburse-

9、ment, including identification of the equipment and/or parts and labor for which reimbursement is available; (2) Identification, with specificity or as a class, of the alternative repair fa-cilities at which reimbursable repairs may be performed, including an expla-nation of how to arrange for servi

10、ce at those facilities; and (3) Other provisions assuring appro-priate reimbursement that are con-sistent with those set forth in 573.13, including, but not limited to, provi-sions regarding the procedures and needed documentation for making a claim for reimbursement, the amount of costs to be reimb

11、ursed, the office to which claims for reimbursement shall be submitted, the requirements on manufacturers for acting on claims for reimbursement, and the methods by which owners can obtain information about the program. (g) In response to a manufacturers request, the Administrator may au-thorize a m

12、anufacturer to terminate its accelerated remedy program if the Administrator concludes that the man-ufacturer can meet all future demands for the remedy through its own sources in a prompt manner. If required by the Administrator, the manufacturer shall provide notice of the termination of the progr

13、am to all owners of unremedied vehicles and equipment at least 30 days in advance of the termi-nation date, in a form approved by the Administrator. (h) Each manufacturer shall imple-ment any accelerated remedy program required by the Administrator accord-ing to the terms of that program. 67 FR 7239

14、2, Dec. 5, 2002 PART 574TIRE IDENTIFICATION AND RECORDKEEPING Sec. 574.1 Scope. 574.2 Purpose. 574.3 Definitions. 574.4 Applicability. 574.5 Tire identification requirements. 574.6 Identification mark. VerDate Mar2010 10:10 Dec 13, 2010 Jkt 220218 PO 00000 Frm 00183 Fmt 8010 Sfmt 8010 Y:SGML220218.X

15、XX 220218wwoods2 on DSK1DXX6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS174 49 CFR Ch. V (10110 Edition) 574.1 574.7 Information requirementsnew tire manufacturers, new tire brand name owners. 574.8 Information requirementstire dis-trib

16、utors and dealers. 574.9 Requirements for motor vehicle deal-ers. 574.10 Requirements for motor vehicle man-ufacturers. AUTHORITY: 49 U.S.C. 322, 30111, 30115, 30117, and 30166; delegation of authority at 49 CFR 1.50. EDITORIAL NOTE: An interpretation of man-ufacturers designee issued by NHTSA and p

17、ublished at 36 FR 9780, May 28, 1971, pro-vides as follows: A request for an interpretation has been received from the Rubber Manufacturers As-sociation asking that it be made clear that, under the Tire Identification and Record-keeping Regulation (part 574), particularly 574.7 and 574.8, only the t

18、ire manufacturer, brand name owner, or retreader may des-ignate a third party to provide the necessary recording forms or to maintain the records required by the regulation. Another person has requested an interpre-tation concerning the questions whether: (1) A tire manufacturer, brand name owner or

19、 retreader may designate one or more persons to be its designee for the purpose of main-taining the information, (2) an independent distributor or dealer may select a designee for the retention of the manufacturers records, provided the manufacturer approves the designation, and (3) the independent

20、dis-tributor or dealer may seek administrative relief in the event he believes the informa-tion retained by the manufacturer is being used to his detriment. Under section 113(f) of the National Traf-fic and Motor Vehicle Safety Act (15 U.S.C. 1402(f) and part 574, it is the tire manufac-turer who ha

21、s the ultimate responsibility for maintaining the records of first purchasers. Therefore, it is the tire manufacturer or his designee who must maintain these records. The term designee, as used in the regulation, was not intended to preclude multiple des-ignees; if the tire manufacturer desires, he

22、may designate more than one person to maintain the required information. Further-more, neither the Act nor the regulation pro-hibits the distributor or dealer from being the manufacturers designee nor do they pro-hibit a distributor or dealer from selecting someone to be the manufacturers designee p

23、rovided the manufacturer approves of the selection. With respect to the possibility of manu-facturers using the maintained information to the detriment of a distributor or dealer, the NHTSA will of course investigate claims by distributors or dealers of alleged mis-conduct and, if the maintained inf

24、ormation is being misused, take appropriate action. Issued under the authority of sections 103, 113, and 119 of the National Traffic and Motor Vehicle Safety Act, 15 U.S.C. 1392, 1402, and 1407, and the delegation of author-ity at 49 CFR 1.51. 574.1 Scope. This part sets forth the method by which ne

25、w tire manufacturers and new tire brand name owners shall identify tires for use on motor vehicles and maintain records of tire purchasers, and the methods by which retreaders and retreaded tire brand name owners shall identify tires for use on motor ve-hicles. This part also sets forth the methods

26、by which independent tire dealers and distributors shall record, on registration forms, their names and addresses and the identification num-ber of the tires sold to tire purchasers and provide the forms to the pur-chasers, so that the purchasers may re-port their names to the new tire manu-facturer

27、s and new tire brand name owners, and by which other tire dealers and distributors shall record and report the names of tire purchasers to the new tire manufacturers and new tire brand name owners. (Authority: Secs. 108, 119, and 201, Pub. L. 89 563, 80 Stat. 718 (15 U.S.C. 1392, 1407, and 1421); se

28、c. 4, Pub. L. 97311, 96 Stat. 1619 (15 U.S.C. 1418); and delegation of authority at 49 CFR 1.50) 49 FR 4760, Feb. 8, 1984 574.2 Purpose. The purpose of this part is to facili-tate notification to purchasers of de-fective or nonconforming tires, pursu-ant to Sections 30118 and 30119 of Title 49, Unit

29、ed States Code, so that they may take appropriate action in the in-terest of motor vehicle safety. 61 FR 29495, June 11, 1996 574.3 Definitions. (a) Statutory definitions. All terms in this part that are defined in Section 30102 of Title 49, United States Code, are used as defined therein. (b) Motor

30、 vehicle safety standard defi-nitions. Unless otherwise indicated, all terms used in this part that are defined in the Motor Vehicle Safety Standards, part 571 of this subchapter (hereinafter VerDate Mar2010 10:10 Dec 13, 2010 Jkt 220218 PO 00000 Frm 00184 Fmt 8010 Sfmt 8010 Y:SGML220218.XXX 220218w

31、woods2 on DSK1DXX6B1PROD with CFRProvided by IHSNot for Resale-,-,-175 Natl Highway Traffic Safety Admin., DOT 574.5 the Standards), are used as defined therein. (c)(1) Independent means, with re-spect to a tire distributor or dealer, one whose business is not owned or controlled by a tire manufactu

32、rer or brand name owner. (2) Mileage contract purchaser means a person who purchases or leases tire use on a mileage basis. (3) New tire brand name owner means a person, other than a new tire manufac-turer, who owns or has the right to control the brand name of a new tire or a person who licenses an

33、other to pur-chase new tires from a new tire manu-facturer bearing the licensors brand name. (4) Retreaded tire brand name owner means a person, other than a retreader, who owns or has the right to control the brand name of a retreaded tire or a person who licenses another to pur-chase retreaded tir

34、es from a retreader bearing the licensors brand name. (5) Tire purchaser means a person who buys or leases a new tire, or who buys or leases for 60 days or more a motor vehicle containing a new tire for pur-poses other than resale. (Authority: Secs. 103, 108, 112, 119, 201, Pub. L. 89563, 80 Stat. 7

35、18 (15 U.S.C. 1392, 1397, 1401, 1407, 1421); secs. 102, 103, 104, Pub. L. 93 492, 88 Stat. 1470 (15 U.S.C. 14111420); 92 Stat. 2689 (15 U.S.C. 1418); delegation of authority at 49 CFR 1.51) 36 FR 1197, Jan. 26, 1971, as amended at 44 FR 7964, Feb. 8, 1979; 49 FR 38612, Oct. 1, 1984; 61 FR 29495, Jun

36、e 11, 1996 574.4 Applicability. This part applies to manufacturers, brand name owners, retreaders, dis-tributors, and dealers of new and retreaded tires, and new non-pneu-matic tires and non-pneumatic tire as-semblies for use on motor vehicles manufactured after 1948 and to manu-facturers and dealer

37、s of motor vehicles manufactured after 1948. However, it does not apply to persons who retread tires solely for their own use. 36 FR 5422, Mar. 23, 1971, as amended at 55 FR 29596, July 20, 1990 574.5 Tire identification require-ments. Each tire manufacturer shall con-spicuously label on one sidewal

38、l of each tire it manufactures, except tires manufactured exclusively for mileage- contract purchasers, or non-pneumatic tires or non-pneumatic tire assemblies, by permanently molding into or onto the sidewall, in the manner and loca-tion specified in Figure 1, a tire identi-fication number containi

39、ng the infor-mation set forth in paragraphs (a) through (d) of this section. However, at the option of the manufacturer, the in-formation contained in paragraph (d) of this section may, instead of being per-manently molded, be laser etched into or onto the sidewall in the location specified in Figur

40、e 1, during the manu-facturing process of the tire and not later than 24 hours after the tire is re-moved from the mold. Each tire re-treader, except tire retreaders who re-tread tires solely for their own use, shall conspicuously label one sidewall of each tire it retreads by permanently molding or

41、 branding into or onto the sidewall, in the manner and location specified in Figure 2, a tire identifica-tion number containing the informa-tion set forth in paragraphs (a) through (d) of this section. However, at the op-tion of the retreader, the information set forth in paragraph (d) of this sec-t

42、ion may, instead of being permanently molded or branded, be laser etched into or onto the sidewall in the location specified in Figure 2, during the re-treading of the tire and not later than 24 hours after the application of the new tread. In addition, the DOT symbol required by Federal Motor Vehic

43、le Safety Standards shall be located as shown in Figures 1 and 2. The DOT symbol shall not appear on tires to which no Federal Motor Vehicle Safety Standard is applicable, except that the DOT symbol on tires for use on motor vehicles other than passenger cars may, prior to retreading, be removed fro

44、m the sidewall or allowed to remain on the sidewall, at the retreaders op-tion. The symbols to be used in the tire identification number for tire manu-facturers and retreaders are: A, B, C, D, E, F, H, J, K, L, M, N, P, R, T, U, V, W, X, Y, 1, 2, 3, 4, 5, 6, 7, 8, 9, 0. Tires manufactured or retread

45、ed exclusively for mileage-contract purchasers are not required to contain a tire identi-fication number if the tire contains the phrase for mileage contract use only VerDate Mar2010 10:10 Dec 13, 2010 Jkt 220218 PO 00000 Frm 00185 Fmt 8010 Sfmt 8010 Y:SGML220218.XXX 220218wwoods2 on DSK1DXX6B1PROD

46、with CFRProvided by IHSNot for Resale-,-,-176 49 CFR Ch. V (10110 Edition) 574.5 permanently molded into or onto the tire sidewall in lettering at least one- quarter inch high. Each manufacturer of a non-pneumatic tire or a non-pneu-matic tire assembly shall permanently mold, stamp or otherwise perm

47、anently mark into or onto one side of the non- pneumatic tire or non-pneumatic tire assembly a tire identification number containing the information set forth in paragraphs (a) through (d) of this sec-tion. In addition, the DOT symbol re-quired by the Federal motor vehicle safety standards shall be

48、positioned relative to the tire identification num-ber as shown in Figure 1, and the sym-bols to be used for the other informa-tion are those listed above. The label-ing for a non-pneumatic tire or a non- pneumatic tire assembly shall be in the manner specified in Figure 1 and posi-tioned on the non

49、-pneumatic tire or non-pneumatic tire assembly such that it is not placed on the tread or the out-ermost edge of the tire and is not ob-structed by any portion of the non- pneumatic rim or wheel center member designated for use with that non-pneu-matic tire in S4.4 of Standard No. 129 (49 CFR 571.129). (a) First grouping. The first group, of two or three symbols, depending on whether the tire is new or retreaded, shall represent the manufacturers as-signed i