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TPMSProAlbert
02-11-2013, 08:24 PM
The National Highway Traffic Safety Administration recently responded to an open letter by the Tire Industry Association requesting clarification on certain aspects of the law mandating TPMS sensors on all cars post-2007. Specifically, the TIA was requesting clarification on 49 USC 30122(b); known as the “make inoperative” provision of the Motor Vehicle Safety Act, which mandates that "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...”

What this means in essence is that any business which deals with TPMS systems; a tire shop, repair shop or independent installer, for example, may not do anything that would cause the TPMS system to not work. This seems pretty straightforward in theory, but there are a few scenarios in which it is difficult to determine the proper interpretation of the law. These interpretations will be of great interest and importance to my readers who are professionals, but any owners who have to deal with TPMS will find important information here too.

The TIA's letter asked for clarification on four scenarios:

1. If the customer comes in with a malfunctioning sensor that cannot be immediately replaced, can the shop temporarily replace it with a snap-in valve stem and return the car to service?

According to NHTSA, "a motor vehicle repair business would not be violating 49 USC 30122(b) by removing an inoperative or damaged TPMS sensor and replacing it with a standard snap-in rubber valve stem.”

"This is exactly why our training programs have always stressed the importance of checking the status of the TPMS prior to service," said Kevin Rohlwing, TIA senior vice president of Training. "If a valve stem sensor is not functioning prior to servicing the tires and wheels, then the retailer cannot violate the "make inoperative" provision because the system was already inoperative. This increases the importance of documenting an inoperable TPMS prior to any work being performed on the vehicle, especially now that the batteries in the sensors are starting to die."

This is pretty straightforward; if the sensor is already malfunctioning when the car comes in, the shop can do what is necessary to keep the car running. However, there are some further questions as to what exactly constitutes “inoperative” when the customer comes in. I'll address that further below.

2. If the customer has an extra set of wheels to be installed and refuses to either install the OEM sensors or purchase another set of sensors for those wheels, can the shop install the wheels?

According to NHTSA, "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 are properly integrated with the vehicle's TPMS system."

"We are admittedly surprised by NHTSA's response that aftermarket tire and wheels must include TPMS sensors," said Roy Littlefield, TIA executive vice president. "Based on the language in the April 2005 Final Rule, we believed that the presence of the malfunction indicator lamp (MIL) would notify the driver that the TPMS was not operable as a result of their decision to decline new sensors or pay for the additional labor to install the original sensors in the aftermarket tire and wheel assemblies. While we have some genuine concerns regarding consumer backlash, it is clear that the Federal government is requiring retailers to make sure the TPMS continues to function following the purchase of aftermarket tires and wheels."

Mr. Littlefield has some concerns regarding “consumer backlash.” I have no such concerns, only certainties. There. Will. Be. Backlash. I'm going to have to start keeping the NHTSA letter available to show my customers who want to install winter tires and don't want to pay another $500 in a down economy.

NHTSA has repeatedly claimed that they do not believe that these regulations will hurt small businesses. Here's a hint for you, NHTSA: When you claim that small businesses will not be harmed, and then decide that small businesses must either convince customers to spend an extra $500 or more for new sensors or decline the business – those are mutually exclusive propositions. I know for a fact that many car owners will simply find a shop that either doesn't know the law or is willing to break it: It's unlikely the shop would get caught, and there's no legal downside at all for the car owner, as they have no exposure under the law.

TPMSProAlbert
02-11-2013, 08:25 PM
3. If the shop inadvertently breaks a TPMS sensor and cannot immediately find a replacement, can the shop temporarily replace the valve stem and return the car to service?

According to NHTSA "as a general matter, a violation of the ‘make inoperative’ prohibition does not occur until a repair business allows or intends a vehicle to be returned to use...this would be true regardless of whether arrangements have been made for future repair."

"While there will be some debate over the circumstances related to inadvertent damage, there are no questions regarding the release of the vehicle," said Rohlwing. "If the actions of the service provider made a functioning TPMS inoperable, then it cannot be returned to service until the problem is solved."

So according to the NHTSA, if the TPMS sensor is already broken when the car comes in and I can't get a replacement sensor for a couple of days, I can put in a black rubber valve stem and release the car to the customer. But say the TPMS sensor breaks while I'm working on the assembly, and I can't replace the sensor for a couple of days, because the part is dealer-only. This happens even to the best of tire techs – the sensors are wicked fragile and corrode like nobody's business. Many times a sensor will come in corroded and the valve stem will snap when we try to take it off. Or somebody put a brass valve core in a nickel stem, and now it's rust-welded into the stem and can't be removed without damage. Even though I did not deliberately break anything, according to this interpretation, I now have to keep the customer's car until I can get a dealer-only sensor! Oh, I just can't wait to have to explain that to a customer. Thanks NHTSA!

I personally would like to see some further clarification on what constitutes damage caused by the shop. If a TPMS sensor is corroded beyond repair but still functioning electronically, and the shop damages the sensor while working on it, is this damage that occurred before or after the customer came in for service?

4. If the shop performs a service and turns over the car to the customer, but the TPMS Malfunction Indicator Light comes on, indicating an inoperative system after the customer has left, has the shop violated the “make inoperative” provision?

According to NHTSA, "The mere illumination of the malfunction indicator lamp after the vehicle has been released by a motor vehicle repair business to the driver would not itself be a violation of the ‘make inoperative’ provision."

"Based on NHTSA's response, we are advising tire retailers to document the status of the TPMS before and after any tire or wheel service," concluded Rohlwing. "If the electronic TPMS relearn or diagnostic tool includes the functionality to produce a print-out on the status of the system, we recommend that retailers give a copy to the consumer and retain a copy for their own records following service."

Let's be clear here: The NHTSA essentially admitted in the 2005 Final Rule that they did not have the legal authority to force car owners to buy replacement sensors or extra sensors for replacement wheels. But what they can do is make businesses responsible for forcing car owners to do so by fining them $10,000 if they're not willing to stand in as the bad guys. Given that we've spent the past 6 years dealing with the monstrous kludge that is TPMS in the first place, it just seems like a huge slap in the face.

Written by:

Sean Phillips

http://tires.about.com/od/Tire_Safety_Maintenance/a/Tia-And-Nhtsa-Discuss-Tire-Pressure-Monitoring-Sensors.htm

email me:
[email protected]

NorCalArt
02-22-2013, 08:36 PM
Interesting info, kinda long read though.

AboutTires
01-30-2014, 03:53 AM
While I'm somewhat flattered, this is in fact copyrighted content, written by me and owned by About.com.

http://tires.about.com/od/Tire_Safety_Maintenance/a/Tia-And-Nhtsa-Discuss-Tire-Pressure-Monitoring-Sensors.htm

TPMSProAlbert
01-30-2014, 04:27 PM
Written by:

Sean Phillips
http://0.tqn.com/d/g/95706.jpg

email me:
[email protected]


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Sean Phillips is the Operations Manager at Rim and Wheel Works, a family-operated wheel and tire repair shop located in Waltham, Massachusetts.
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Sean has been straightening, refinishing, welding and replacing wheels for more than a decade, making him one of the most experienced wheel repair specialists in the world. He has repaired thousands of wheels, sold thousands of tires, and trained multiple wheel straighteners and tire technicians. As a skier and Colorado native, he has a particular interest and expertise in snow tires and winter driving.
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