Interpretation ID: aiam1126
Hayden
Smith
Ford & Hays
1215 Security Bank Building
Fresno
CA 93721;
Dear Mr. Ford: This is in reply to your letter of April 30, 1973, requesting ou 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' mus 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 t reduce the chance that the malfunction will occur before the vehicle is repaired (S 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 traffi safety reasonably related to the defect (S 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.; 5. The letter does not specify the manufacturer's estimate of the dat by which his dealers or his other service facilities will be supplied with parts and instructions for correcting the defect (S 577.4(e)(1)(ii)).; 6. We consider the last paragraph of your letter, beginning, 'If th owner chooses . . .' to be optional, and therefore permissible, as you have apparently decided to conform to section 577.4(e)(1), under which the manufacturer offers to repair the defect through his dealers or his other service facilities without charge. We wish to point out, for your information, that this paragraph, together with the other information contained in your letter, would not meet the requirements of section 577.4(e)(3) (under which the manufacturer does not bear the cost of repair) were that the applicable provision.<<<; Sincerely, Lawrence R. Schneider, Chief Counsel