49 CFR Part 574 - TIRE IDENTIFICATION AND RECORDKEEPING
- § 574.1 Scope.
- § 574.2 Purpose.
- § 574.3 Definitions.
- § 574.4 Applicability.
- § 574.5 Tire identification requirements.
- § 574.6 How to obtain a plant code.
- § 574.7 Information requirements - new tire manufacturers, new tire brand name owners.
- § 574.8 Information requirements - tire distributors and dealers.
- § 574.9 Requirements for motor vehicle dealers.
- § 574.10 Requirements for motor vehicle manufacturers.
“Another person has requested an interpretation concerning the questions whether: (1) A tire manufacturer, brand name owner or retreader may designate one or more persons to be its designee for the purpose of maintaining the information, (2) an independent distributor or dealer may select a designee for the retention of the manufacturer's records, provided the manufacturer approves the designation, and (3) the independent distributor or dealer may seek administrative relief in the event he believes the information retained by the manufacturer is being used to his detriment.
“Under section 113(f) of the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1402(f) and part 574, it is the tire manufacturer who has 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 designees; if the tire manufacturer desires, he may designate more than one person to maintain the required information. Furthermore, neither the Act nor the regulation prohibits the distributor or dealer from being the manufacturer's designee nor do they prohibit a distributor or dealer from selecting someone to be the manufacturer's designee provided the manufacturer approves of the selection.
“With respect to the possibility of manufacturers 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 misconduct and, if the maintained information is being misused, take appropriate action.