15 U.S.C. 1420 tire) which was installed in or on a motor vehicle at the time of its delivery to the first purchaser. (B) The term "replacement equipment" means motor vehicle equipment (including a tire) other than original equipment. (C) A defect in, or failure to comply of, an item of original equipment shall be deemed to be a defect in, or failure to comply of, the motor vehicle in or on which such equipment was installed at the time of its delivery to the first purchaser. (D) If the manufacturer of a motor vehicle is not the manufacturer of original equipment installed in or on such vehicle at the time of its delivery to the first purchaser, the manufacturer of the vehicle (rather than the manufacturer of such equipment) shall be considered the manufacturer of such item of equipment. (3) The term "first purchaser" means first purchaser for purposes other than resale. (4) The term "adequate repair" does not include any repair which results in substantially impaired operation of a motor vehicle or item of replacement equipment. EFFECT ON OTHER LAWS SEC. 160. The provisions of this part shall not create or affect any warranty obligation under State or Federal law. Consumer remedies under this part are in addition to, and not in lieu of, any other right or remedy under State or Federal law. TITLE II-TIRE SAFETY SEC. 201. In all standards for pneumatic tires established 15 U.S.C. 1421 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. 15 U.S.C. 1422 SEC. 203. In order to assist the consumer to make an in- 15 U.S.C. 1423 formed 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 inter 15 U.S.C. 1424 15 U.S.C. 1425 15 U.S.C. 1426 est, 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 introduction 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, offer for sale, introduction for sale, or delivery for introduction in interstate commerce, 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 administrative interpretations issued by the Federal Trade Commission, the provisions of orders or regulations issued by the Secretary shall prevail. SEC. 206. The Secretary shall, not later than one year after the date of enactment of this section, establish safety standards under title I of this Act setting limits on the age of tire carcasses which can be retreaded. Such standards shall establish varying age limits for such carcasses based on the extent to which the carcass was designed and constructed to be retreaded, the rate of deterioration of the materials in such tire, and such other factors as he determines necessary to carry out the purposes of this Act. TITLE III-RESEARCH AND TEST FACILITIES SEC. 301. (a) The Secretary of Transportation is au- 15 U.S.C. 1431 thorized to plan, design, and construct (including the alteration of existing facilities) facilities suitable to conduct research, development, and compliance and other testing in traffic safety (including highway safety and motor vehicle safety), except that no appropriation shall be made for any such planning, designing, or construction involving an expenditure in excess of $100,000 if such planning, designing, or construction has not been approved by resolutions adopted in substantially the same form by the Committees on Interstate and Foreign Commerce and on Public Works of the House of Representatives, and by the Committees on Commerce and on Public Works of the Senate. For the purpose of securing consideration of such approval the Secretary shall transmit to Congress a prospectus of the proposed facility including (but not limited to) (1) a brief description of the facility to be planned, designed, or constructed; (2) the location of the facility, and an estimate of the maximum cost of the facility; (3) a statement of those agencies, private and public, which will use such facility, together with the contribution to be made by each such agency toward the cost of such facility; and (4) a statement of justification of the need for such facility. (b) The estimated maximum cost of any facility approved under this section as set forth in the prospectus may be increased by the amount equal to the percentage increase, if any, as determined by the Secretary, in construction costs, from the date of the transmittal of such prospectus to Congress. but in no event shall the increase authorized by this subsection exceed 10 per centum of such estimated maximum cost. LEGISLATIVE HISTORY House Reports: No. 1776 accompanying H.R. 13228 Committee on Interstate and Foreign Commerce) and No. 1919 (Committee of Conference). Senate Report No. 1301 (Committee on Commerce). Congressional Record, Vol. 119 (1966): June 24: Considered and passed Senate. Aug. 17: Considered and passed House, amended, in lieu of H.R. 13228. Aug. 18: Senate disagreed to House amendments, asked for a conference. Aug. 31: Senate and House agreed to conference report. |