Consumer Alert – Tire Pressure Monitoring System (TPMS) as related to National Highway Traffic Safety Administration Motor Vehicle Safety Act
The National Highway
Safety Administration (NHTSA)
through the Motor Vehicle Safety Act has recently made it illegal
for an automobile repair facility to knowingly not re-install a
functioning TPMS system if vehicle arrived at facility with
functioning TPMS system. In different words, if a vehicle
came into facility with working TPMS, it must leave the facility
with working TPMS.
This is relevant to consumer in several ways. One example is the scenario of installing winter tires on different rims then were on vehicle when vehicle arrived at facility. If the vehicle arrived with a functioning TPMS system, the facility must install functioning TPMS system on the new rims with the winter tires. This means vehicle owner is responsible for purchase of the proper TPMS fitments.
Following are actual excerpts and wording from the official letters from the NHTSA and the Tire Industry Association (TIA).
The National Highway Safety Administration (NHTSA), a division of the U.S. Department of Transportation, recently clarified provision 49 U.S.C. 30122(b) within the Motor Vehicle Safety Act of 2010. The provision exactly states:
A manufacturer, distributor, dealer, or motor vehicle repair business may not knowingly make inoperative any part of a device or element of design installed on or in a motor vehicle or motor vehicle equipment in compliance with an applicable motor vehicle safety standard prescribed under this chapter unless the manufacturer, distributor, dealer, or repair business reasonably believes the vehicle or equipment will not be used (except for testing or a similar purpose during maintenance or repair) when the device or element is inoperative.
The NHTSA further clarified this provision in relation to TPMS in a letter to the Tire Industry Association dated November 22, 2011. In this letter the NHTSA presents the following response to a scenario presented by the TIA:
Scenario: If a motorist purchases a set of aftermarket winter tires and wheels and declines to purchase new TPMS sensors, does the service provider violate 49 USC 30122(b) because they would be installing assemblies that knowingly make the system inoperative?
NHTSB response: In this scenario, we assume that the vehicle has functioning TPMS system at the time he or she purchases aftermarket tires and wheels. In that case, a service provider would violate the “make inoperative” prohibition of 49 USC 30122(b) by installing new tires and wheels that do not have a functioning TPMS system. To avoid a “make inoperative” violation, the service provider would need to decline to install the new tires and rims, use the TPMS sensors from the original wheels (if they are compatible), or convince the motorist to purchase new TPMS sensors and ensure that the sensors aer properly integrated with the vehicle’s TPMS system.