During the past six months, the news media has lost interest in the problem of defective tires and tread separations, which cause hundreds of catastrophic accidents every year in this country. More newsworthy stories about the war in Iraq, the economy and even medical malpractice reform have overshadowed important developments in the world of defective tires. However, recent developments and new information about this problem is likely to once again heat up media attention to this issue during the next few months.
As of this writing, most of the personal injury cases that were filed against Bridgestone Firestone for ATX and Wilderness tires which were recalled by Firestone or Ford have settled. Even most of the cases filed by citizens of South and Central America, many of which were filed in the Southern District of Florida, have settled. The class action cases by the big class action law firms died a quiet death due to several unfavorable rulings from the federal court that has jurisdiction over the Firestone Multi-District Litigation.
Although the bulk of the Firestone litigation is over, unfortunately for consumers most of the design and manufacturing problems that led to the Firestone debacle still plague the tire industry. These problems – which potentially relate to most tires on the road – include poor quality control, poor tire design, the failure to incorporate “nylon cap plies” into the design of steel belted radials, and other problems. Tire manufacturers also continue to use outdated technology and old equipment. As a result there are millions of steel belted radial tires, which are on the road and which are at risk for catastrophic tread separation.
The problem of tread separation is especially problematic in the southern United States where high ambient temperatures increase the likelihood that a particular tire will fail with a tread separation. Heat makes a marginal tire more likely to fail – as the tire heats up, the adhesive bond between the rubber and the steel belts deteriorates and can contribute to a tread separation. Thus, in Florida, even though the Firestone debacle is behind us tread separations continue to be a deadly problem for our citizens and for the thousands of families that drive to Florida to visit.
Consumer Safety Group Discovers European Warnings About Old Tires
Last week Strategic Safety, the Massachusetts-based consumer safety group that first learned about and broke the Firestone story, discovered and announced last week that the British tire industry association recently issued an unprecedented warning to British citizens about the dangers of old tires, as the result of degradation that occurs and contributes to tread separation as tires age. The UK-based Tyre Industry Council (TIC) is a non-profit organization funded by tire manufacturers and a number of UK tire retailers whose principal objective is to improve tire safety awareness. The TIC press release was issued on September 8, 2003, after the organization noted a number of vehicles inspected during roadside tire checks were fitted with tires that were up to 10 to 15 years old.
This led the TIC to issue a warning recommending motorists check the date codes on their tires and replace them if they are 10 years old or older. They also recommended that tires six years old or older that have not been used should not be placed into service. The TIC press release went on to point out that tire components dry with age and can separate and that anti-aging chemicals added to tires are “only active when the tire is in use; Therefore tires fitted to spare wheels, caravans and trailers are particularly at risk of premature ageing brought on by ozone degradation and static ‘sitting’ for lengthy periods of time.”
According to a TIC spokesperson the organization based its recommendation on a British Rubber Manufacturers Association (BRMA) recommended practice.1 The BRMA consists of members who manufacture tires, tire-related products or other rubber or polymer-based products in the EU or in the UK. The BRMA recommended practice on tire aging states
BRMA members strongly recommend that unused tires should not be put into service if they are over 6 years old and that all tires should be replaced 10 years from the date of their manufacture.
BRMA also notes that environmental conditions like exposure to sunlight and coastal climates, as well as poor storage and infrequent use accelerate that aging process and
[I]n ideal conditions, a tire may have a life expectancy that exceeds 10 years from its date of manufacture. However such conditions are rare.
Another important point raised in the BRMA recommendation is that aging may be identified by small cracks in the tire sidewall, however,
‘Ageing’ may not exhibit any external indications and, since there is no non destructive test to assess the serviceability of a tire, even an inspection carried out by a tire expert may not reveal the extent of any deterioration.
Finally, BRMA states that spare tires and tires that are not frequently used (like those on trailers) are particularly vulnerable to aging and that vehicle manufacturers and “caravan organizations” are reflecting these same recommendations in their owners manuals and handbooks.
Our research show that indeed some vehicle manufacturers have issued various “warnings” about the use of tires older that 6 years. For example, as early as 1991 BMW owner’s manuals state spares 6 years or older should only be used in an emergency. Later BMW manuals indicate that tires 6 years old or older be replaced immediately even if the stated life of the tire is 10 years. Similarly Volkswagen has included a warning in owner’s manuals beginning in the 1990s that includes the following language:
WARNING - Old tires can fail in use, causing loss of vehicle control and personal injury. Replace tires after six years regardless of tread wear. Always reduce speed and drive cautiously if you must use an old tire in an emergency. Replace the tire as soon as possible.
Strategic Safety has also identified other findings that indicate tire aging can significantly reduce the internal adhesion levels of tires. The U.S. Department of Defense “shelf life project” and the Israeli army tests conducted by Smithers are two examples. The DoD shelf life project subcommittee for tires recommends that tires have a shelf life of no longer than 5 years. The Israeli army recommended radial tires should be removed from stores and vehicles when they are 11 years old or older based on a Smithers report that concluded tires that were 10 to 13 years old experienced the most significant performance loss.
The technical literature is replete with data and conclusions that aging is a significant factor affecting tires (Pottigern, Marshall, Bourain, Tokita, Paterson, etc.). In addition, tire manufacturers’ guides for tire professional offer insight that the industry is in fact keenly aware of the changes in physical properties to their products as they age. A 1994 article in the Italian journal L’Industia della Gomma2 that was part of a “theory and practice course” for tire professional put the issue in layman’s terms - “tires are not like wine: they do not improve with age.”
Spare tires present a particular problem as many are exposed to the same harsh conditions here in Florida as those in service; however, they may not be put in to service until many years after they are manufactured. Some spare tires are located in close proximity to exhaust systems that produce high levels of heat. It is undisputed that high temperatures have a deleterious effect on tires whether they are in service or not. Both tire and vehicle manufacturers have set internal requirements for the maximum spare tire temperatures (over set times) and minimum distance that tires must be situated away from exhaust components. These internal requirements vary amongst manufacturers and have varied significantly during the years.
Recreational Vehicles (RV’s), trailers, and retread tires also highlight aging issues. Many RVs and trailers are stored for long periods, thus tire tread life may be a poor indicator whether a tire is acceptable in service. The Good Sam Club, the largest Recreational Vehicle (RV) club in the world, recommends removing tires from recreational vehicles after 7 years of service. According to a Vice President of the club, their recommendations are based on the tire manufacturers’ “industry standards.” Similarly, the retread industry has recommendations pertaining to tire age and retreading.
Comments to NHTSA’s docket on tire aging have suggested that there is no evidence of real-world problems. Strategic Safety says their research suggest otherwise. They currently are aware of at least 20 six years. At least eight of these incidents involve fatalities, the remaining involve very severe injuries. “Our research is by no means comprehensive and represents only our initial findings. Additional case information and cases will be forwarded to the NHTSA as we uncover them,” said Sean Kane, President of Strategic Safety. Regardless of the number of additional cases which are identified, the numbers will undoubtedly be under reported. As the agency knows, tracking tire failures and obtaining enough data on each incident is arduous and frequently results in critical information that is no longer available. However, the cases cited by Strategic Safety clearly indicate a problem - - a problem that the industry is aware of and can solve quickly.
Many tire and vehicle manufacturers have data that would support a stated “expiration” date on tires as evidenced by BMW, Mercedes, and VW. If manufacturers are following basic engineering principles, including the use of Failure Analyses (FA) and Failure Modes and Effects Analyses (FMEA) the effects of aging and exposure of tires should be known to them and appropriate expiration information should be made available to consumers. The use of FA / FMEA within the tire industry is detailed by Akron Rubber Development Labs (ARDL),3 which included a case study on the service life predictions in its work.
While the manufacturers who have identified tire expiration dates for consumers (vis-a-vis owner’s manuals) should be lauded for taking this first step, it is critical that more effective means of communicating expirations be examined. The agency is undoubtedly aware that owner’s manuals are not effective vehicles for “warnings.”
Use of the DOT number to determining when a tire “expires” is likely to lead to consumer confusion. Notably absent from some vehicle manufacturer owner’s manual warnings about tire age and the TIC press release warning consumers about the dangers of tire age is instruction on how to determine tire age. Even with instructions about decoding DOT numbers, more effective means to communicate tire expirations should be developed. Furthermore, consumers should have easily identifiable information on replacement tire age at the point of purchase to prevent “new” old tires from being introduced into the stream of commerce. Our investigation of this issue reveals that tires can sit in warehouses for years before they are sold and put into service. We have recently purchased “new” tires that were nearly 20 years old. While this is undoubtedly the extreme, tires that are several years old are routinely found in tire shops and warehouses. Combined with the high mileage many of these tires treads are designed for, the fatigue life can become a factor well before the tread wears out.
It is clearly time that tire and vehicle manufacturers stop the facade around tire aging and blaming drivers for using “old” tire when they fail. Based on the recent news about the warm-up issued by the British Tyre Industry Counsel and the media attention, which is likely to result hopefully NHTSA (National Highway Transportation Safety will Administration) take steps to elicit critical details about the potential scope of the tire aging problem and industry knowledge of the potential hazards posed by older tires. This data will hopefully serve as a basis for the agency to promulgate a requirement that will ensure drivers are safe from known tire hazards. Furthermore, it appears that the agency should consider a tire “expiration date” requirement based on a performance standard that evaluated aged tires.
1 TIC Warn on Dangers of Old Tyres, 9/8/03
2 “Pnuematici Per Autovettura corso teroico-practico di qualificazione per il responsabile tenico gommista”; L’Industia della Gomma, 38, No. 5, 1994
3 “Problem Solving in Polymer Material Engineering. Engineering Failure Analysis and Failure Mode Analysis of Components & Structures: Polymers, Adhesives, Elastomers, Plastics and Polymer Composites” Pannikottu, Mohamed. ACS, 2002
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