Interpretation ID: nht74-3.37

DATE: 05/07/74

FROM: AUTHOR UNAVAILABLE; Lawrence R. Schneider; NHTSA

TO: Gracey; Maddin; Cowan & Bird

TITLE: FMVSR INTERPRETATION

TEXT: Your letter of April 2, 1974, to Mrs. Winifred Desmond has been referred to this office for reply. In your letter you discuss what you consider to be an omission in the National Traffic and Motor Vehicle Safety Act, viz., requirements for manufacturers to provide sufficient parts for the repair of vehicles in the hands of purchasers when those vehicles are found to contain safety related defects.

You are correct in stating that the National Traffic and Motor Vehicle Safety Act does not require manufacturers to provide sufficient parts for the repair of defective vehicles in the hands of purchasers. The statute limits manufacturers' responsibilities, as you point out, to notification of owners.

The NHTSA has, however, taken some regulatory steps which relate to the availability of repair parts. The "Defect Notification" regulations (49 CFR Part 577) require manufacturers to estimate and specify in the defect notification letter the day by which repair parts will be available (49 CFR @@ 577.4(e)(1)(ii), 577.4(e)(2)(iii), 577.4(e)(3)(iii)). While this does not require repair parts to be available, it at least prohibits manufacturers from keeping purchasers in the dark on the availability of repair parts. Knowingly incorrect statements in response to this requirement can subject a manufacturer to civil penalties and other sanctions.

There are pending in the Congress amendments to the National Traffic and Motor Vehicle Safety Act (S. 355, 93rd Cong., 1st Sess. (1973): H.R. 5529, 93rd Cong., 1st Sess. (1973)) that would in general require manufacturers to repair vehicles found to contain safety related defects without charge to the vehicle purchaser. If such legislation is enacted it would eliminate the problem of the availability of repair parts where safety related defects are found to exist.

We are pleased to be of assistance.