In 2000, the Firestone tire litigation led to the enactment of the Transportation Recall Enhancement, Accountability, and Documentation (TREAD) Act. The courts found that the National Highway Transportation Safety Administration (NHTSA) could have or should have known about the problem earlier than they did if they had conducted tests.[1] In response to the heightened requirements and more specific testing areas, the NHTSA began to construct new methods and specifications in order to present a uniform format of testing and data recording.
The product of this new rule was Federal Motor Vehicle Safety Standards and Regulations (FMVSS) Nos. 109 and 139. FMVSS 109 applies to bias ply tires and several other types of specialty tires. It applies to tires for use on cars manufactured after 1975 as well as 8-12 rim diameter and below tires for use on cars manufactured after 1948.[2] The rule specifies requirements for physical dimensions, bead unseating resistance, tire strength, endurance, and high speed performance.[3] It also regulates performance requirements, load ratings and specifies labeling or marking requirements.[4]
The most applicable rule to most drivers is the FMVSS 139. This standard applies to pneumatic radial tires for use on vehicles with a gross vehicle weight rating (GVWR) of 10,000 pounds or less and that were manufactured after 1975.[5] FMVSS 139 regulates tire dimensions, high speed performance, endurance, low inflation pressure performance, tire strength, and bead unseating resistance.[6] It also defines general requirements and tire load ratings as well as specifying marking requirements for light vehicle tires.[7]
Some of the differences between old and new regulations are increased “high speed” testing speeds, more real-world and stringent road hazard impact tests, and specifying heat and under-inflation as test areas.[8] The agency estimated that the costs of such rule-making would be that nearly one-third (33.8 percent) of all tires (64 million tires) would have needed improvements under new regulations and that would costs around $282 million.[9] The benefits of the testing regulations would be 27 lives saved and 667 injuries reduced.[10] Using these numbers, it would mean that $7.2 million would be spent per life saved.[11]
Both rules mention that the rules and regulations do not apply to any tire that has been altered or repaired for use.[12] The tire manufacturers set guidelines for the repair of their tires. A Tire Industry Association (TIA) spokesman stated that “[t]ire repair material manufacturers and industry associations also have recommended practices for repairing tires, but the name on the sidewall dictates the repair guidelines.”[13] Ultimately, it is the repair shop that is responsible for the satisfactory repair of tires. In a fatal tire repair failure case, Barber v. Mossy Ford[14], a court awarded an unprecedented $22 million to the victim’s family.
It is likely that with time, the government will regulate the repair standards of tires, but with FMVSS Nos. 109 and 139, the focus was on the production and distribution of tires. With these large steps towards safety and regulation, our government is encouraging scientific growth and standard uniformity.
Written by:
Approved by Francisco Guerra, IV
Lyndsey Mott
Watts Guerra LLP
4 Dominion Drive, Bldg 3, Suite 100
San Antonio, Texas 78257
Phone (210) 447-0500
© Watts Guerra LLP 2015
[1] http://www.nhtsa.gov/nhtsa/announce/testimony/tread.html
[2] https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&ved=0CCEQFjAA&url=http%3A%2F%2Fwww.nhtsa.gov%2FDOT%2FNHTSA%2FVehicle%2520Safety%2FTest%2520Procedures%2FAssociated%2520Files%2FTP-10909.pdf&ei=pNCBVYnGLoLBtQXzioKIDw&usg=AFQjCNHQXrikQstkyG3htS_N2sBMRdFk1Q&sig2=A9tycisL9gjaQHBOXGTHtg&bvm=bv.96041959,d.b2w
[3] Id.
[4] Id.
[5] https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&ved=0CB8QFjAA&url=http%3A%2F%2Fwww.nhtsa.gov%2FDOT%2FNHTSA%2FVehicle%2520Safety%2FTest%2520Procedures%2FAssociated%2520Files%2FTP-139-02.pdf&ei=lNCBVbj3BcWksAXj0oPQAg&usg=AFQjCNEYEuipPu_2ACn67-1IsQDHUhGMHw&sig2=VAxyT-iO7Frr-wv_wRSxSQ&bvm=bv.96041959,d.b2w
[6] Id.
[7] Id.
[8] http://www.nhtsa.gov/cars/rules/rulings/UpgradeTire/Final/Index.html
[9] Id.
[10] Id.
[11] Id.
[12] https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&ved=0CCEQFjAA&url=http%3A%2F%2Fwww.nhtsa.gov%2FDOT%2FNHTSA%2FVehicle%2520Safety%2FTest%2520Procedures%2FAssociated%2520Files%2FTP-109-09.pdf&ei=pNCBVYnGLoLBtQXzioKIDw&usg=AFQjCNHQXrikQstkyG3htS_N2sBMRdFk1Q&sig2=A9tycisL9gjaQHBOXGTHtg&bvm=bv.96041959,d.b2w
[13] http://www.tirebusiness.com/article/20120827/ISSUE/308279995/questions-about-tire-repair-wersquo-ve-got-some-answers
[14] Id.
Chart:
http://www.nhtsa.gov/cars/rules/rulings/UpgradeTire/Final/Index.html
