Interpretation ID: time.replcepart.Pollak.12-03

David G. Pollok, Esq.
Kirkpatrick & Lockhart LLP
599 Lexington Avenue
New York, NY 10022-6030

Dear Mr. Pollak:

This responds to your recent request for an interpretation of the provisions of the National Traffic & Motor Vehicle Safety Act of 1966, as amended (Safety Act). Specifically, you asked whether Federal law obliges an automobile manufacturer to continue producing and/or supplying replacement parts for a vehicle model that has not been manufactured or distributed in 10 years, and, if so, for how long. In a subsequent telephone conversation with Enid Rubenstein of my staff, you stated that the vehicles in question have never been recalled pursuant to the Safety Act to correct a safety-related defect or non-compliance with a Federal Motor Vehicle Safety Standard.

There is no provision in the Safety Act or in any of our safety standards or other regulations that requires a manufacturer to make replacement parts available for any particular period of time, or, for that matter, at all. However, under 49 U.S.C. 30118-30119, vehicle manufacturers are required to provide notification of safety-related defects or noncompliances with safety standards to owners, purchasers, and dealers for an unlimited period of time. Also, under 49 U.S.C. 30120, if either a manufacturer or this agency decides, within 10 years of the date of sale of the vehicle to the first purchaser, that a motor vehicle contains a safety-related defect or fails to comply with a Federal motor vehicle safety standard, the manufacturer is required to provide a free remedy for the safety-related defect or noncompliance. These remedies may include the repair, replacement or repurchase of the affected vehicles.

Although your clients vehicles apparently are beyond the age at which a free repair for a safety-related defect or noncompliance could be required, your client may wish to consider the issue of the ability to provide repairs in deciding whether to continue to make available replacement parts for its vehicles. We understand that some vehicle manufacturers do make various replacement parts available for a considerable period of time.

Sincerely,

Jacqueline Glassman
Chief Counsel

ref:VSA
d.12/19/04