Interpretation ID: nht73-6.7

DATE: 05/16/73

FROM: AUTHOR UNAVAILABLE; Lawrence R. Schneider; NHTSA

TO: Hayden; Smith; Ford & Hays

TITLE: FMVSR INTERPRETATION

TEXT: This is in reply to your letter of April 30, 1973, requesting our opinion as to the conformity with 49 CFR Part 577, "Defect Notification", of a defect notification letter to be mailed by your client, V/M Custom Boat Trailers. The notification fails to conform with Part 577 in the following ways:

1. In the second paragraph, the phrase "trailer vehicle safety" must be changed to "motor vehicle safety". A trailer is a motor vehicle under the National Traffic and Motor Vehicle Safety Act.

2. The letter is silent as to precautions the owner should take to reduce the chance that the malfunction will occur before the vehicle is repaired (@ 577.4(c) (4)). One obvious precaution where vehicle lighting is defective is to refrain from night operation.

3. The letter is silent as to an evaluation of the risk to traffic safety reasonably related to the defect (@ 577.4(d)).

4. We would consider the last paragraph on page 1 of your letter, reading, "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 a disclaimer and prohibited by section 577.6.