Products Liability Law Daily Wrap Up, NOTICES—MOTOR VEHICLES—Harley-Davidson granted determination of inconsequential noncompliance for 1200XC Roadster motorcycles, (Oct 25, 2017)

By Colleen Kave, J.D.

The National Highway Traffic Safety Administration (NHTSA) granted Harley-Davidson Motor Company, Incorporated’s request for a determination of inconsequential noncompliance in relation to approximately 2,352 model year 2016–2017 Harley-Davidson XL 1200XC Roadster motorcycles manufactured between March 8, 2016, and August 23, 2016, that do not fully comply with paragraph S5.3.2 of Federal Motor Vehicle Safety Standard (FMVSS) No. 120, Tire Selection and Rims and Motor Home/Recreation Vehicle Trailer Load Carrying Capacity Information for Motor Vehicles with a GVWR of More Than 4,536 Kilograms (10,000 pounds) (NHTSA Notice, 82 FR 49475, October 25, 2017).

In its petition (82 FR 17074, April 7, 2017), Harley-Davidson explained that the certification label on the subject vehicles incorrectly identifies the rear wheel rim size as 18 x 4.50 instead of 18 x 4.25 and, therefore, does not meet the requirements of paragraph S5.3.2 of FMVSS No. 120.

Harley-Davidson stated its belief that the noncompliance is inconsequential to motor vehicle safety for the following reasons:

• Consumers can identify the correct tire and rim combination from the following reliable sources: the sidewall of the tire originally installed on the rim; the owner’s manual; the Original Equipment & Recommended Replacement Tires table in the Harley-Davidson Genuine Motor Parts and Accessories catalog; and the wheel. Harley-Davidson believes these sources, particularly the tire size information listed on the rear tire’s sidewall, are the most likely places for consumers to look when replacing tires and rims.

• Harley-Davidson states that NHTSA has granted petitions for inconsequential noncompliance for similar labeling errors regarding the rim size or the omission of the rim size. In these cases, the agency reasoned that consumers were unlikely to mismatch tires and rims because "the rim size information can be found in the vehicle’s owner’s manual or on the rim itself, and the tire size information is available from multiple sources, including the owner’s manual, the sidewalls of the tires on the vehicle, and on the tire placard or information label located on the door or door opening. The rim size can be derived using this tire information."

• The incorrect rim size on the subject motorcycles’ certification label is unlikely to expose operators to a significantly greater risk than an operator riding a compliant motorcycle. Operators have several reliable sources to assist them in correctly matching the rims and tires.

• Lastly, Harley-Davidson is not aware of any warranty claims, field reports, customer complaints, legal claims, or any incidents or injuries related to the subject condition.

NHTSA’s decision. NHTSA concluded that the mislabeling noncompliance at issue does not affect motor vehicle safety because the 18 x 4.50 rim size identified on the certification label is compatible with both the tire fitted to the vehicle and to the tire specified on the label (which are the same in this case). Also, the intended rim and tire sizing combination is available and accessible from multiple sources and locations. The 2016 Tire and Rim Association guide for rim contours for motorcycle tires indicates that both the 4.25-inch and the 4.50-inch rim widths are approved rim contours for the tire size (150/70R18), which is the size specified on the certification label and the size of the tires fitted to the vehicle. Therefore, use of either rim size is acceptable for the tire indicated, and tire/rim mismatch should not occur.

The agency further stated that if the rim size listed on the certification label is not used to determine tire and rim combination when either is being replaced, there are numerous other sources and locations of that information available to the consumer and service technician. These sources include: (1) the correct wheel size imprinted on the wheel; (2) the correct wheel size shown in the original equipment and recommended replacement tires table in the Harley-Davidson Genuine Motor Parts and Accessories Catalog; (3) the correct tire size listed in the Owner’s Manual; and (4) the correct tire size listed on the sidewall of the tire originally installed on the wheel rim. Based on these factors, NHTSA concluded that Harley-Davidson met its burden of persuasion that the FMVSS No. 120 noncompliance is inconsequential as it relates to motor vehicle safety and granted its petition.

Companies: Harley-Davidson Motor Company, Inc.

RegulatoryActivity: NoticesFR MotorVehiclesNews