Interpretation ID: nht73-5.48

DATE: 10/31/73

FROM: AUTHOR UNAVAILABLE; A. G. Detrick; NHTSA

TO: Volkswagen of America Inc.

COPYEE: PHILIP A. HUTCHINSON; MR. PESKOE; MRS. MURRAY

TITLE: FMVSR INTERPRETATION

TEXT: This is in reference to the letter you propose to send to owners of vehicles involved in Defect Notification Campaign 73-0196. (Audi 80, 1973 Model, Backing Plate on Rear Axle.)

In our opinion this letter does not comply with the Defect Notification Regulation (49 CFR Part 577). Our reasons are as follows. While the letter refers to components involved in the defect (section 577.4(c) (1)), it does not describe the malfunction of which the owner must be informed pursuant to section 577.4(c)(2). Nor does the letter include a statement of conditions (operating or otherwise) that may cause the malfunction to occur, as required by section 577.4(c)(3). While the letter refers to a "shimmy," we cannot reasonably construe this to describe any more than the warning which the owner may experience (section 577.4(d)(1)(ii)). Moreover, we find your instruction to operate the vehicle at "substantially reduced speed," if intended to be the precautionary statement required by section 577.4(c)(4), to be so broad as to be meaningless. We believe a statement of the maximum speed at which the vehicle should be operated would be more appropriate.

The letter fails to evaluate completely the risk to traffic safety in the manner specified in section 577.4(d). In our view, when this failure is combined with the failure to describe the malfunction, the recipient of your notification is left with almost no idea of the nature

of the problem with his vehicle. We find further your statement that repair parts will be at the dealers "shortly" to be too general to conform to section 577.4(e)(1)(iii). That section clearly requires an estimate of the day on which parts will be available. Its purpose is to prevent the making of general statements such as that in your letter.

Finally, your letter urges the owner to take the vehicle to his dealer "immediately" only if he experiences "rear-end shimmy." In our view, this statement implies that without shimmy there does not exist a serious safety problem with the vehicle. Such an implication contravenes section 577.6, "Disclaimers," and must be deleted.

In order to conform to Part 577, your notification letter must be revised as indicated in this letter.