Interpretation ID: aiam1864
Assistant Counsel
Clark Equipment Company
Buchanan
MI 49107;
Dear Mr. Ryman: This is in acknowledgment of your Defect Information Report, i accordance with the defect reporting regulations, Part 573.; The Defect Information Report involves: 57 Brown trailers equipped wit a Kelsey Hayes anti-lock braking system which may malfunction. The following National Highway Traffic Safety Administration identification number has been assigned to the campaign *75-0051*. The first quarterly status report for this campaign is required to be submitted by August 5, 1975. Please refer to the above number in all future correspondence concerning this campaign.; The letter which you have sent to the owners of the subject vehicle does not meet the requirements of Part 577(49 CFR), the Defect Notification regulation. It also does not meet the requirements of the Motor Vehicle and Schoolbus Safety Amendments of 1974. Specifically it does not have the statements required by Part 577.4(a) and (b). The first sentence of your letter should have described the defect as existing in the vehicle itself rather than in the brake control system, since a vehicle manufacturer can only determine the existence of a defect in his vehicles. Properly modified, your first sentence should then be used after the statement required by Part 577.4(a).; Your notification letter also does not inform recipients that they ma inform the Secretary of Transportation if they are unable to have the defect remedied without charge, as required by section 153(a)(6) of the 1974 amendment. The address for this purpose may be given as: Administrator, National Highway Traffic Safety Administration, Washington, D. C. 20590. Also, in response to section 153(a)(5), we believe that an actual date should be given as the earliest date when the defect will be remedied free of charge, since remedy without charge is contingent on actual dates.; It is therefore necessary that you revise the owner notification lette and send a copy to each owner whose vehicle has not yet been corrected. Mailing of the notifications should follow the procedure specified by section 153(c). Please note also that section 153(c)(5) requires that defect notifications (and defect reports) be sent to this office by certified mail.; A copy of Part 577 and the 1974 Amendment is enclosed. If you desir further information, please contact Messrs. W. Reinhart or James Murray of this office at (202) 426-2840.; Sincerely, Andrew G. Detrick, Director, Office of Defect Investigation, Motor Vehicle Programs;