Interpretation ID: nht71-5.46

DATE: 08/19/71

FROM: AUTHOR UNAVAILABLE; Lawrence R. Schneider; NHTSA

TO: National Ready Mixed Concrete Association

TITLE: FMVSR INTERPRETATION

TEXT: This is in reply to your letter of March 30, 1971, concerning the applicability (@ 573.3) of the Defect Reports regulations (Docket No. 69-31: Notice 2) published February 17, 1971 (36 F.R. 3064). In your letter you ask,

"If a concrete truck mixer manufacturer is notified of a defect (on brakes, for example) and the concrete truck mixer manufacturer relays this information to the incomplete vehicle manufacturer, and the incomplete vehicle manufacturer indicates that he will file the necessary defect reports with [the] Administration and then does not, would . . . [the] concrete truck mixer manufacturer be deemed in violation of Part 573?"

The answer to this question is yes. Under the circumstances you describe, both the concrete truck mixer and the incomplete vehicle manufacturer would be in violation of the regulation. Neither manufacturer would be in compliance until one of them filed the report in question, which could be either the defect information report required pursuant to @ 573.4 or the quarterly report required pursuant to @ 573.5.

The NHTSA cannot become involved in disputes between complete and incomplete vehicle manufacturers as to which one of them will furnish the required reports, and the manufacturers concerned must bear the responsibility for deciding this question between themselves.

TRUCK MIXER MANUFACTURERS BUREAU

Mr. Laurence R. Schneider Acting Chief Counsel National Highway Traffic Administration

We have reviewed the final rule making on defect reports which appeared in the Federal Register on February 17, 1971, and I have a question relative to Section 573.3 -- "Applications".

Section 573.3 provides that "In the case of vehicles manufactured in two or more stages, compliance by either the manufacturer of the incomplete vehicle or one of the subsequent manufacturers of the vehicle with(Illegible Word) and 573.5, with respect to a particular defect, shall be considered compliance by both the incomplete vehicle manufacturer and the subsequent manufacturers."

If a concrete truck mixer manufacturer is notified of a defect (on brakes, for example) and the concrete truck mixer manufacturer relayes this information to the incomplete vehicle manufacturer, and the incomplete vehicle manufacturer indicates that he will file the necessary defect reports with your Administration and then does not, would, under such circumstances, a concrete truck mixer manufacturer be deemed in violation of Part 573?

Your prompt response to this question would be grately appreciated.

Stephen C. Royer Director of Governmental Relations National Ready Mixed Concrete Association