Interpretation ID: aiam0423
Director of Governmental Relations
National Ready Mixed Concrete Association
900 Spring Street
Silver Spring
MD 20910;
Dear Mr. Royer: This is in reply to your letter of March 30, 1971, concerning th applicability (S 573.3) of the Defect Reports regulations (Docket No. 69-31, Notice 2) published February 17, 1971 (36 F.R. 3064). In your letter you ask,; >>>'If a concrete truck mixer manufacturer is notified of a defect (o brakes, for example) and the concrete truck mixer manufacturer relays this information to the incomplete vehicle manufacturer, and the incomplete vehicle manufacturer indicates that he will file the necessary defect reports with [the] Administration and then does not, would . . . [the] concrete truck mixer manufacturer be deemed in violation of Part 573?'<<<; The answer to this question is yes. Under the circumstances yo describe, both the concrete truck mixer and the incomplete vehicle manufacturer would be in violation of the regulation. Neither manufacturer would be in compliance until one of them filed the report in question, which could be either the defect information report required pursuant to S 573.4 or the quarterly report required pursuant to S 573.5.; The NHTSA cannot become involved in disputes between complete an incomplete vehicle manufacturers as to which one of them will furnish the required reports, and the manufacturers concerned must bear the responsibility for deciding this question between themselves.; Sincerely, Lawrence R. Schneider, Acting Chief Counsel