Interpretation ID: aiam1383
Assistant Vice President
Mercedes-Benz of North America
Inc.
One Mercedes Drive
Montvale
NJ 07645;
Dear Mr. Gerth: Subject:>>>Recall Campaign - Mercedes-Benz Model 450SE/SEL wit Possible Incorrect Routing of the Brake Line<<<; The letter which you have sent to first purchasers does not meet th requirements of 49 CFR Part 577, 'Defect Notification,' (copy enclosed) in the following respects. Section 577.4(b) requires a specific statement to be made, concluded with the identifying criteria of motor vehicles or items of motor vehicle equipment found to contain the defect. In this case, therefore, the sentence should read substantially as follows: 'Mercedes-Benz of North America, Inc., has determined that a defect which relates to motor vehicle safety exists in the model 450 SE and 450 SEL Mercedes-Benz automobile.' Your letter also fails to evaluate the risk to traffic safety related to the defect in accordance with section 577.4(d). Finally, your letter does not estimate the day that parts will be supplied to dealers (577.4(e)(1)(ii)). If parts are presently available the letter should so state.; It is necessary for you to revise this letter as we have indicated an to provide this office and the owners who have not already responded to this campaign with a copy of the revised letter.; Failure to comply with this regulation can result in the imposition o civil penalties and injunctive sanctions.; If you desire further information, please contact Messrs. James Murra or Marx Elliott of this office (202) 426- 2840.; Sincerely, Andrew G. Detrick, Acting Director, Office of Defect Investigation, Motor Vehicle Programs;