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Sections 201-205

11

12

As Enacted

TITLE II-TIRE SAFETY

SEC. 201. In all standards for pneumatic tires established under Labeling. title I of this Act, the Secretary shall require that tires subject thereto be permanently and conspicuously labeled with such safety information as he determines to be necessary to carry out the purposes of this Act. Such labeling shall include

(1) suitable identification of the manufacturer, or in the case of a retreaded tire suitable identification of the retreader, unless the tire contains a brand name other than the name of the manufacturer in which case it shall also contain a code mark which would permit the seller of such tire to identify the manufacturer thereof to the purchaser upon his request.

(2) the composition of the material used in the ply of the tire.
(3) the actual number of plies in the tire.

(4) the maximum permissible load for the tire.

(5) a recital that the tire conforms to Federal minimum safe performance standards, except that in lieu of such recital the Secretary may prescribe an appropriate mark or symbol for use by those manufacturers or retreaders who comply with such standards.

The Secretary may require that additional safety related information be disclosed to the purchaser of a tire at the time of sale of the tire.

SEC. 202. In standards established under title I of this Act the Secretary shall require that each motor vehicle be equipped by the manufacturer or by the purchaser thereof at the time of the first purchase thereof in good faith for purposes other than resale with tires which meet the maximum permissible load standards when such vehicle is fully loaded with the maximum number of passengers it is designed to carry and a reasonable amount of luggage.

Publication in
Federal Register.

SEC. 203. In order to assist the consumer to make an informed Tire standards. choice in the purchase of motor vehicle tires, within two years after the enactment of this title, the Secretary shall, through standards established under title I of this Act, prescribe by order, and publish in the Federal Register, a uniform quality grading system for motor vehicle tires. Such order shall specify the date such system is to take effect which shall not be sooner than one hundred and eighty days or later than one year from the date such order is issued, unless the Secretary finds, for good cause shown, that an earlier or later effective date is in the public interest, and publishes his reasons for such finding. The Secretary shall also cooperate with industry and the Federal Trade Commission to the maximum extent practicable in efforts to eliminate deceptive and confusing tire nomenclature and marketing practices.

SEC. 204. (a) No person shall sell, offer for sale, or introduce for sale or deliver for introduction in interstate commerce, any tire or motor vehicle equipped with any tire which has been regrooved, except that the Secretary may by order permit the sale of regrooved tires and motor vehicles equipped with regrooved tires which he finds are designed and constructed in a manner consistent with the purposes of this Act.

(b) Violations of this section shall be subject to civil penalties and injunction in accordance with sections 109 and 110 of this Act. (c) For the purposes of this section the term "regrooved tire" means a tire on which a new tread has been produced by cutting into the tread of a worn tire.

SEC. 205. In the event of any conflict between the requirements of orders or regulations issued by the Secretary under this title and title I of this Act applicable to motor vehicle tires and orders or adminis

"Regrooved tire."

trative interpretations issued by the Federal Trade Commission, the
provisions of orders or regulations issued by the Secretary shall
prevail.

Conference Report

House Report 1919, Pages 22 and 23

GRADING SYSTEM FOR TIRES

Section 203 of the House amendment requires the Secretary, through standards established under title I, to prescribe a uniform quality grading system for motor vehicle tires. This system is to take effect no sooner than 180 days nor later than one year from the date the order is issued. The Secretary is required to cooperate with industry and the Federal Trade Commission to the maximum extent practicable in efforts to eliminate deceptive and confusing tire 23 nomenclature and marketing practices.

Section 203 of the proposed conference substitute is the same as the House amendment with the exception that the minimum and maximum effective dates are permitted to be lengthened or shortened in the same manner as provided in section 103(c) for all other safety standards.

REGROOVED TIRES

Section 204 of the proposed conference substitute prohibits any person from selling, offering for sale, or introducing for sale or delivering for introduction in interstate commerce any tire, or any motor vehicle equipped with any tire, which has been regrooved. The Secretary may, by order, however, permit the sale of regrooved tires and vehicles equipped with such tires if he finds they are designed and constructed in a manner consistent with the purposes of this act. Violations of this section are to be subject to the same civil penalties and injunction procedures as are provided in sections 109 and 110 of this act. The term "regrooved tire" is defined to mean one on which a new tread has been produced by cutting into the tread of a worn tire. The House amendment contains no comparable provision.

AGENCY CONFLICTS

Section 205 of the proposed conference substitute provides that in the event of any conflict between orders or regulations issued by the Secretary under this act which are applicable to motor vehicle tires, and orders or administrative interpretations issued by the Federal Trade Commission, the provisions of the orders or regulations issued by the Secretary shall prevail.

The House amendment contained no comparable provision.

House Passed Act

Congressional Record-House
August 17, 1966, 19673

"TITLE II-TIRE SAFETY

"SEC. 201. In all standards for pneumatic tires established under title I of this Act, the Secretary shall require that tires subject thereto be permanently and conspicuously labeled with such safety information as he determines to be necessary to carry out the purposes of this Act. Such labeling shall include

"(1) suitable identification of the manufacturer, or in the case of a retreaded tire suitable identification of the retreader, unless the tire contains a brand name other than the name of the manufacturer in which case it shall also contain a code mark which would permit the seller of such tire to identify the manufacturer thereof to the purchaser upon his request.

"(2) the composition of the material used in the ply of the tire.

"(3) the actual number of plies in the tire.

"(4) the maximum permissible load for the tire.

"(5) a recital that the tire conforms to Federal minimum safe performance standards, except that in lieu of such recital the Secretary may prescribe an appropriate mark or symbol for use by those manufacturers or retreaders who comply with such standards. The Secretary may require that additional safety related information be disclosed to

the purchaser of a tire at the time of sale of the tire.

"SEC. 202. In standards established under title I of this Act the Secretary shall require that each motor vehicle be equipped by the manufacturer or by the purchaser thereof at the time of the first purchase thereof in good faith for purposes other than resale with tires which meet the maximum permissible load standards when such vehicle is fully loaded with the maximum number of passengers it is designed to carry and a reasonable amount of luggage.

"SEC. 203. In order to assist the consumer to make an informed choice in the purchase of motor vehicle tires, within two years after the enactment of this title, the Secretary shall, through standards established under title I of this Act, prescribe by order, and publish in the Federal Register, a uniform quality grading system for motor vehicle tires. Such order shall specify the date such system is to take effect which shall not be sooner than one hundred and eighty days or later than one year from the date such order is issued. The Secretary shall also cooperate with industry and the Federal Trade Commission to the maximum extent practicable in efforts to eliminate deceptive and confusing tire nomenclature and marketing practices.

House Debate

Congressional Record-House
August 17, 1966, 19626

Mr. QUILLEN.

Tire safety is dealt with in title II of the bill. A safety label is required for each tire giving pertinent information. Standards are to be established, under the authority granted the Secretary in title I. This title will require that

"original equipment tires, or deluxe tires," et cetera, mean the same thing for each manufacturer so that the customer can more readily determine comparative values.

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