Interpretation ID: aiam1747
Saab-Scania of America
Inc.
P. O. Box 697
Orange
CT 06477;
Dear Mr. Millet: This is to confirm the opinion which I gave to you at our January 8 1975, meeting that Saab's defect notification campaign involving 99E, LE, and EMS models with leakage problems in the fuel injection system is subject to the recent amendments to the National Traffic and Motor Vehicle Safety Act (Pub. L. 93-492, 88 Stat. 1470), which became effective December 26, 1974. These amendments require Saab to remedy the defect without charge and do not permit Saab's limiting the remedy without charge to vehicles brought in for repair before July 1, 1975. A revised letter must indicate in accordance with Section 153 of the amendments that Saab will remedy the vehicles without charge. Section 153 also requires certain information not presently required to be included in all notification letters. Section 153(a)(5) requires the notification to state the earliest date on which the defect will be remedied and section 153(a)(6) requires the inclusion of a 'description of the procedure to be followed by the recipient of the notification in informing the Secretary' if Saab fails or is unable to remedy without charge.; We do not believe the notification letter which you mailed on Decembe 26, 1974, conforms to these requirements. With respect to the date of remedy, you state that the parts are 'now available' to dealers. Because remedy without charge is contingent upon actual dates, we believe the inclusion of a specific date is required. Moreover, that date should reflect the fact that dealers have actually received parts, rather than that parts are merely available to them. The reference to availability is ambiguous, in our view, for it does not reveal whether manufacturers in fact are prepared at that time to make necessary repairs. You must also include information that is responsive to section 153(a)(6). As the procedures referred to have not been published, it is sufficient if you advise owners that they can write the Administrator, National Highway Traffic Safety Administration, Washington, D.C. 20590, if they find Saab to have failed or to have been unable to perform the repair satisfactorily.; In other respects, we believe your letter does meet the requirements o section 153. Revised letters should be sent to all owners who have not had their vehicles repaired at the time of mailing, and should be mailed as expeditiously as possible after Saab receives the names of registered owners it has ordered.; Yours truly, Richard B. Dyson, Acting Chief Counsel