Interpretation ID: aiam1644
President
Hawaiian Motors Corporation
22121 South Vermont
Torrance
CA 90502;
Dear Mr. Evenson: This is in reply to your letter of September 6, 1974, forwarding draft defect notification letter regarding the noncompliance of certain Cony vehicles with several Federal motor vehicle safety standards.; Your letters (sic) fails in the following respects to conform to 49 CF 577, 'Defect Notification' (copy enclosed):; 1. Section 577.4(a) requires the following statement as the *first sentence of your letter: 'This notice is sent to you in accordance with the requirements of the National Traffic and Motor Vehicle Safety Act.'; 2. Section 577.4(b) requires your second sentence to read:'Hawaiia Motors Corporation has determined that a defect which relates to motor vehicle safety exists in the Cony utility vehicle(s) you purchased from HMC.' If there is any possibility of confusion you should give more precise vehicle identification. Moreover, in cases such as this where the safety defect results from the failure to conform to applicable standards we prefer that that information be conveyed as well. Therefore you should also state, as you have done, that the vehicles do not conform to Federal motor vehicle safety standards for windshield wipers and washers and windshield and side window glazing materials.; 3. Your letter must include a clear, brief description of the defect(s which incorporates the four elements listed in section 577.4(c).; 4. Your letter does not evaluate the risk to traffic safety reasonabl related to the defect as required by section 577.4(d).; 5. Your letter also does not include measures to be taken to repair th defect as required by section 577(e). We had assumed that HMC would bring the vehicles into conformity with each of the standards free of charge. If so, the letter should conform to section 577.4(e)(1). If you plan some other course of action regarding repairs the letter must contain language meeting either section 577.4(e)(2) or (e)(3) as appropriate.; 6. Your letter contains several references to an understanding that th vehicles were purchased for highway use and that the NHTSA's interest is directed at potential future highway use. This is not true. The vehicles are motor vehicles (trucks) under the National Traffic and Motor Vehicle Safety Act and are required to conform to all applicable safety standards regardless of their intended use by the University of California or any other purchaser. Conformity to applicable standards cannot, therefore, be deferred until the sale of these vehicles to other purchasers, but must be accomplished immediately.; We have two other concerns. First, our decision letter of July 2, 1974 states that 52 Cony vehicles were imported in violation of the Act. Since only 32 of these vehicles were purchased by the University of California, defect notification letters must also be sent to the purchasers of the other 20 vehicles. Section 113(f) of the Act (15 U.S.C. 1402(f)) requires you to keep records of first purchasers.; Second, 49 CFR 573 (copy enclosed) requires you to file a Defec Information Report as well as Quarterly Reports on the progress of your notification campaign. Please comply with section 573.4 within 5 working days after receipt of this letter. Prompt submission of both a Defect Report and a complying defect notification letter is necessary to keep our compromise offer in effect.; Yours truly, Richard B. Dyson, Acting Chief Counsel