Interpretation ID: nht73-4.27

DATE: 06/14/73

FROM: AUTOR UNAVAILABLE; Lawrence R. Schneider; NHTSA

TO: Hayden; Smith; Ford & Hays

TITLE: FMVSR INTERPRETATION

TEXT: This is in reply to your letter of May 21, 1973, forwarding to us your second attempt to compose a letter that will conform to Part 577, Defect Notification, for a defect involving the lighting in boat trailers manufactured by V/M Custom Boat Trailers. We responded to an earlier letter from you on May 16, 1973.

Section 577.6 prohibits the making of any statement in the notification that either states or implies that the problem discussed is not a defect, or that it does not relate to motor vehicle safety. As we indicated to you in our letter of May 16, we considered your statement, "The defect on those trailers . . . does not affect the mechanical operation of said trailer except insofar as the lighting is inefficient as installed according to the U.S. Department of Transportation" to be prohibited by section 577.6. The additional phrase, "This statement is one of fact only and is not intended to be a disclaimer which is prohibited by section 577.6 of the Act", which you have now inserted, does not remedy that deficiency. The regulation states that such a statement may not be made at all; it does not allow it to be made and denied.

Our objection to the statement is with your description of the defect as an "inefficiency" according to the Department of Transportation. This safety related defect results, rather, from violations of law which require your client's products to meet minimim safe levels of performance. We recommend that rather than attempt once again to rewrite your statement, and risk violation of the regulation, you delete it entirely, and send the notification to purchasers forthwith.

In other respects your notification appears to conform to Part 577.