Interpretation ID: nht75-6.11

DATE: 03/13/75

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

TO: Norton Triumph Corporation

TITLE: FMVSR INTERPRETATION

TEXT: This is in acknowledgment of your Defect Information Report, in accordance with the defect reporting regulations, Part 573.

The Defect Information Report involves: 1,471 Norton Commando 850cc motorcycles which may experience failure of a rear suspension unit.

The following National Highway Traffic Safety Administration identification number has been assigned to the campaign 75-0040. The first quarterly status report for this campaign is required to be submitted by May 5, 1975. Please refer to the above number in all future correspondence concerning this campaign.

The letter which you propose mailing to owners of the subject vehicles does not meet the requirements of the Motor Vehicle and Schoolbus Safety Amendments of 1974. The sections of this law dealing with defect notifications became effective December 26, 1974. Specifically, the statement made in the fourth paragraph, that at moderate speeds or in straight line operation "there is no safety problem", is a disclaimer and is prohibited by 49 CFR @ 577.6 (copy enclosed). The phrase "there is no safety problem" must therefore be deleted from the notification. A statement that the motorcycle continues to be rideable at moderate speeds or in straight line operation is permissible as long as this is accurate.

Since remedy without charge is contingent upon actual dates, your letter should further designate a specific date as the earliest date on which the defect will be remedied without charge, as required by section 153(a) (5). The letter must also include information responsive to section 153(a) (6). This can be done by informing owners that they may write to the Administrator, National Highway Traffic Safety Administration, Washington, D.C. 20590 if they are unable to obtain remedy without charge.

The notifications should be mailed by first class mail as specified by section 153(c) (1), and not by certified mail as you have indicated is your intention.

A copy of the 1974 amendment is enclosed. If you desire further information, please contact Messrs. W. J. Reinhart or James Murray of this office at (202) 426-2840.