Interpretation ID: nht74-1.16

DATE: 07/03/74

FROM: AUTHOR UNAVAILABLE; L. R. Schneider; NHTSA

TO: Volkswagen of America, Inc.

TITLE: FMVSS INTERPRETATION

TEXT: This is in reply to your letter of June 18, 1974 informing us that Volkswagen of America, Inc. has decided not to initiate a notification campaign as a result of a technical violation of Motor Vehicle Safety Standard No. 110. You ask for our concurrence in your decision.

The designated seating capacity of the Dasher vehicle is 5 (2 in front, 3 in rear) and you have informed us that "some early production cars" bore tire inflation pressure labels stating that the capacity was 4 (2 in front, 2 in rear). The other required information (vehicle capacity weight, tire size designation, and recommended inflation pressures) are, you state, correctly indicated.

We agree with you that "religious observance of the instructions contained on the placard would provide the car with additional load capacity that would go unused", and have concluded that the situation you describe does not indicate the existence of a safety-related defect.

Sincerely,

ATTACH.

VOLKSWAGEN OF AMERICA, INC.

June 18, 1974

Lawrence R. Schneider, Esq. -- Chief Counsel, Office of the Administrator, National Highway Traffic Safety Administration

Dear Mr. Schneider:

This will confirm my phone conversation with Mr. Taylor Vincent concerning the issue of recalling a number of early production Dasher vehicles bearing FMVSS No. 110 labels, which incorrectly state the vehicle's designated seating capacity.

Dasher models are manufactured with and equipped for five (5) seating positions. Inadvertently, some early production cars were fitted with placards required by S4.3 of FMVSS No. 110, which erroneously state the designated seating capacity of the vehicle to be four (4) seats (two (2) front and two (2) rear), when in fact it has five (5) seats (two (2) front and three (3) rear). Sample of a correct label is attached. Vehicle capacity weight, recommended inflation pressures for maximum and half load as well as tire size designations are correctly indicated.

Mr. Vincent suggested that this error probably did not amount to a safety related defect within the meaning of Section 1402 of Volume 15 USCA, as amended, and regulations issued thereunder, because vehicle owners and occupants are not likely to be misled into using the vehicle in a manner that would make it less safe. In fact, religious observance of the instructions contained on the placard would provide the car owner with additional load capacity that would go unused.

Since inconvenience to the owner resulting from a recall would outweigh any benefits to be gained from a corrected label, we believe it would not be in the public interest for us to conduct a notification and recall campaign in this instance.

Your confirmation of our position would be appreciated.

Sincerely,

Cerhard P. Riechel -- Attorney

Enc.

cc: Taylor Vincent