Magazine for the professional tire industry
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control system in place to verify the torque sticks are accurate. The most important factor is to have a torque program that incorporates the RIST procedure so every technician installs wheels the same way all the time. They should know what to look for and have all of the tools and equipment to do the job properly. It's also a good idea to advise customers to return for a torque check after the frst fve to 50 miles to check for any settling or torque loss. Failure to warn is a lay-up for the plaintiff when it isn't on the invoice or addressed at the time of sale. 5. Make sure an opera- tional TPMS is operating after tires and/or custom wheels are installed. According to the make inop- erative provision of 49 USC 3 0 1 2 2 ( b ) , m a n u f a c t u r e r s , distributors, dealers or motor vehicle repair businesses are prohibited from knowingly making inoperative, in whole or in part, any part of a device or element of design installed on or in a motor vehicle in compli- ance with an applicable motor vehicle safety standard. That statement was interpreted in countless different ways for years, so TIA asked the National Highway Traffc Safety Admin- istration (NHTSA) to address the issue. TIA: If a motorist purchases a set of aftermarket wheels and declines to purchase new TPMS sensors, does the service provider violate the make inoperative provision in 49 USC 30122(b)? NHTSA: If the vehicle has a functioning TPMS system at the time he or she purchases aftermarket tires and wheels, the service provider would violate the make inoperative provision by installing new tires and wheels that do not have a functioning TPMS system. In some ways, this is a perfect example of asking a question only when you are prepared for an answer. Common sense would say that if a customer refuses to purchase sensors w i t h t i r e s o r w h e e l s , t h e installer can't force them to spend the money if they under- stand the risk and choose to drive around with the TPMS light on all the time. NHTSA's response says other- wise. If the TPMS is working with the old wheels when a vehicle arrives, then it must be working after the new wheels are installed. However, if the system isn't working when the vehicle arrives, then it isn't operative, which raised another question and answer exchange between TIA and NHTSA that went something like this: TIA: If a motorist is made aware of an inoperative TPMS sensor and declines to purchase a new one, can the service provider remove the dead or damaged sensor and replace it with a rubber valve? 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.... However, if the malfunction indicator is disabled, a viola- tion would occur. According to this answer, the installer cannot force the customer to make the TPMS system operative. In other words, an inoperative system cannot be made inoperative. Ultimately, the rule regarding TPMS for custom tires and wheels is quite simple. If the TPMS is operating when the vehicle comes in, then it must be operating when it leaves. If the TPMS is not operating when the vehicle comes in, then it can remain inoperative when it leaves, with one caveat: The service provider cannot disable the malfunction indicator light on the dashboard. Given the black and white nature of this issue, it would be advisable to document an inoperative system at the time of installation so there are no questions. I am not an attorney, and none of this should be consid- ered legal advice. In fact, I recommend that you take this to your legal counsel and your insurance company and go over each point so they can advise you on what you should or should not do. That being said, I'm still conf- dent that if retailers follow these five suggestions, then their liability will be reduced. There is no way you can avoid a lawsuit if there is an accident and you get caught in the wake of an aggressive plaintiff's attorney. All you can do is protect yourself from becoming an easy target by following the industry guide- lines and recommendations as often as possible. ■ Kevin Rohlwing is the Tire Industry Association's senior vice president of training. If the TPMS is not operating when the vehicle comes in, then it can remain inoperative when it leaves. 26 Feature