Interpretation ID: nht74-4.15

DATE: 07/15/74

FROM: AUTHOR UNAVAILABLE; A.G. Detrick; NHTSA

TO: Diamond Reo Trucks Incorporated

TITLE: TITLE: FMVSS INTERPRETATION

TEXT: This is in reference to your defect notification campaign (NHTSA No. 74-0080) concerning Rose Gear steering gears.

Thank you for submitting the information which we had requested. The letter which you have sent to the owners of the involved vehicles, however, does not entirely inect the requirements of 49 CFR, Part 577. Specifically, it is required that paragraphs (a) and (b) of Part 577.4 be quoted exactly as they are written in the regulation. The identifying criteria of motor vehicles or item of motor vehicle equipment in paragraph (b) is the motor vehicle itself in cases where the defect exists in a motor vehicle. Your letter also does not give an estimate of the day by which dealers will be supplied with the necessary parts nor an estimate of the time required to perform the labor required to correct the defect (577.4(e) ii and iii).

You also did not state the risk to traffic safety in the manner prescribed by section 577.4(d). The second sentence in paragraph 2" . . .no situations as described above have occurred on Diamond Reo trucks . . ." is, in our opinion, a disclaimer and is prohibited by section 577.6.

It is therefore necessary for you to rewrite the owner notification letter and send a revised letter by certified mail to all owners who have not yet had their vehicles corrected. This should be done as soon as is reasonably possible. A copy of the revised letter should also be submitted to this office.

If you desire additional information, please contact Mr. J. Murray or W. Reinhart at (202) 426-2340. I am enclosing a copy of Part 577 for your information.

ENC.