Interpretation ID: nht75-5.18

DATE: 10/02/75

FROM: AUTHOR UNAVAILABLE; Frank A. Berndt; NHTSA

TO: Kawaski Motors Corporation U.S.A.

TITLE: FMVSR INTERPRETATION

TEXT: Your letter of August 22, 1975, addressed to Mr. Robert F. Hellmuth, Office of Defects Investigation, has been referred to this office for reply. You have identified all model year Kawasaki motorcycles models KZ400, H1, H2, and Z1 equipped with Kawasaki accessory half-fairing installed as containing a defect related to motor vehicle safety. The defect involves the fatigue failure of the mounting bracket which attaches the half-fairing to the motorcycle.

Kawasaki has developed a new bracket for the KE400 and Z1 models and intends to repair those models by installing the new bracket in place of the old. However, you have indicated that Kawasaki has been unsuccessful in developing a satisfactory mounting bracket for the models H1 and H2.

Based on the above facts, you have addressed two questions to the agency which will be answered in the order presented.

1. To facilitate replacement of the mounting brackets on the models KE400 and Z1, we intend to ship the newly designed parts to the Kawasaki Dealer nearest to the owner of the motorcycle. It is then our intention to direct the owner to go to this dealer for the replacement.

Question: Is it allowable for us to so direct the owner, and if so, may such directions be given in the notification letter sent pursuant to Part 577, Defect Notification?

Answer - It is allowable for Kawasaki to so direct the owner, and such directions may be given in the notification letter sent pursuant to 49 C.F.R. Part 577.

2. Is it allowable to repurchase the half-fairing from the owners of the models H1 and H2 (estimated quantity 25 total for both models), and if so, is it allowable for Kawasaki Motors Corp., U.S.A. to contact these customers by telephone prior to sending a notification letter as required by Part 577?

Answer - Unfortunately, it is not allowable to repurchase the half-fairing from the owners of the H1 and H2 models. The half-fairings are items of "motor vehicle equipment" as defined in section 102(4) of the National Traffic and Actor Vehicle Safety Act of 1966, as amended (15 U.S.C. S 1391(4) hereinafter "the Act"). Congress has explicitly limited the options of manufacturers of Motor Vehicle equipment containing a defect related to motor vehicle safety. While repurchase of a motor vehicle in permissible when a safety related defect is contained therein, such is not the case when the defect is contained in an item of motor vehicle equipment. Compare 15 U.S.C. S 1414(a)(2) (A) with 15 U.S.C. S 1414(a) (2) (A); accord R.R. Rep. No. 1452, 93rd Cong., 2nd Sess. 26-29 (1974).

Half-fairings can make a safety contribution by shielding the rider from flying stones or other small debris and reducing driver fatigue on long trips. It is therefore reasonable that Congress would require that such equipment be either repaired or replaced but not repurchased when it contains a defect related to motor vehicle safety. If Kawasaki is unable to repair the defective half-fairings on H1 and H2 models, the law required that it replace them "without charge with . . . identical or reasonably equivalent" items of replacement equipment. 15 U.S.C. S 1414(a) (2) (B). Replacement may involve the design of a new half-fairing by Kawasaki or provision of a similar item of equipment produced by another manufacturer.

Thank you for your inquiry. Should you have any questions with regard to these matters, please contact the undersigned at 202-426-9511.