Interpretation ID: nht71-5.59

DATE: 12/29/71

FROM: WALTER T. COX -- V. P., THEODORE BERGMAN COMPANY

TO: Recreational Vehicle Institute Inc.

TITLE: FMVSR INTERPRETATION

TEXT: This is in reply to your letter to Frank Armstrong, Director of the Office of Standards Enforcement, National Highway Traffic Safety Administration, concerning the responsibilities of recreational vehicle manufacturers for whom the Bargman Lock Company is conducting a defect notification campaign.

The primary responsibility for conducting the defect notification campaign rests with the vehicle manufacturer. While, in this case, the campaigns are being conducted by the Bargman Lock Company on behalf of the various recreational vehicle manufacturers, it is the responsibility of the vehicle manufacturer to (1) assure that the Bargman Company is supplied a list of customers who purchased vehicles with non-complying door locks, and (2) make sure that the customer is, in fact, notified of the defect.

Since we have received samples of the defect letters the Theodore Bargman Company is sending the vehicle purchaser and the vehicle dealer, it is not necessary for the recreational vehicle manufacturers to send the National Highway Traffic Safety Administration copies of the defect notification letters as required under section 113(d).

Concerning the requirements of the Defects Reports Regulation (49 CFR 573), you are correct in your understanding that the regulation would not be applicable to the Bargman defect notification because the defect involved was determined to be safety-related prior to the effective date of the regulation.