Interpretation ID: 86-1.7

TYPE: INTERPRETATION-NHTSA

DATE: 01/06/86

FROM: J.L HENDRICKS -- PRODUCT ENVIRONMENTAL MANAGER, CUMMINGS ENGINE COMPANY INC

TO: ERIKA JONES -- OFFICE OF CHIEF COUNSEL NHTSA

TITLE: NONE

ATTACHMT: ATTACHED TO LETTER DATED 08/04/86, TO J.L. HENDRICKS FROM ERIKA Z. JONES, REDBOOK A29; PART 573.7

TEXT: Dear Ms. Jones:

Cummins Engine Company, Inc. manufactures both on and off-highway heavy-duty diesel engines and related engine products. Cummins is a non-integrated engine manufacturer and, therefore, has no control over which chassis or engine combination the Original Equipment Manufacturer (OEM) will select as the final vehicle configuration.

The problem I wish to address, and solicit assistance from your office, deals with the difficulty of non-integrated engine manufacturers identifying ultimater purchasers as required by 49 CFR, Part 573, 573.7 "Purchaser and Owner List," during safety defect campaign.

Cummins Engine Company recently experienced a voluntary safety recall campaign (NTSA 85E-016) regarding a potential defective assembly of a fuel pump throttle lever. During Cummins' attempts to survey state registration records we have discovered that the State of Connecticut requires a formal declaration of vehicle identification numbers (VIN'S) and justification regarding the reason for conducting a search of justification regarding the reason for conducting a search of their vehicle registration files. Additionally, this process requires the services of a third party agent who, by some contractual agreement, obtains the registration information, and after approval of the specific authority, develops appropriate information and analysis computer tapes for re-sale.

Cummins primary concern does not deal with the reasons each state may have in designing security measures for vehicle registration; on the contrary, we respect the right of individual privacy and the measures each state may use to safeguard their private citizens. However, we are concerned about the additional length of time required to notify each owner under Connecticut's present system.

Unlike light-duty passenger car owners, which tend to be stationary, heavy-duty truck owner/operators can be very mobile in their operations and registration practices. Often times the owner/operator has either moved their operations to take advantage of various freight markets, or has transferred ownership for many diverse reasons. In many instances we cannot provide the respective state bureau of motor vehicles with a current owner name at the time we are soliciting information due to lead time constraints and the mobility of owner/operators.

In an attempt to improve our ability to notify consumers during safety recall campaigns, Cummins is requesting that your office forward a letter to the state of Connecticut Bureau of Motor Vehicles and solicit their assistance in negotiating with Cummins, a program that could mutually protect their citizenry and enable us to maintain an on-going system to obtain vehicle registration on a timely basis.

Cummins would also appreciate a review of all states' policies regarding the accessibility of vehicle registrations. Preferably Cummins would encourage each state Department of Motor Vehicles to allow direct negotiations between them and manufacturers, without the delay of third party agents. However, that is a level of detail for negotiation with each of the respective states.

The following Connecticut contact person and address is being provided for your disposition:

Letter to: Honorable Benjamin A. Muzio

Commissioner Department of Motor Vehicles 60 State Street Wethersfield, CT 06109

Copy to: Honorable Peter Russo Assistant Commissioner

Because of the potential safety exposure to our trucking patrons during safety recall campaigns, we request your response to this issue as soon as possible.

Sincerely,