Interpretation ID: aiam1848
Technical Service Manager
Volkswagen of America
Inc.
Englewood Cliffs
NJ 07632;
Dear Mr. Meier: This is in reference to your safety defect notification and remed campaign (NHTSA No 75-0022) concerning a nut used to secure the front exhaust pipe bracket to the automatic transmission housing which may loosen.; The letter which you have sent to the owners of the subject vehicle does not entirely meet the requirements of section 153 of the 1974 amendment to the National Traffic and Motor Vehicle Safety Act of 1966. Specifically, your letter fails to inform recipients that they may notify the Secretary of Transportation if they are unable to have the defect remedied without charge, as required by section 153(a)(6). The address for this purpose may be given as: Administrator, National Highway Traffic Safety Administration, Washington, D. C. 20590. We also believe that your statement, 'although the possibility of a fire is remote,' is a disclaimer, and is prohibited by 49 CFR S577.6. Likewise use of the word 'may' in your second sentence implies that possibly a defect does not exist and is therefore also prohibited. Your letter also fails to contain an evaluation of the risk to motor vehicle safety as required by section 153(a)(2).; 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. A copy should also be sent to this office.; If you desire further information, please contact Messrs. W. Reinhar or James Murray of this office at (202) 426-2840. A copy of the 1974 amendment is enclosed.; Sincerely, Andrew G. Detrick, Director, Office of Defect Investigation, Motor Vehicle Programs;