Interpretation ID: nht75-6.13

DATE: 04/01/75

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

TO: Matlock Truck Body & Trailer Corp.

TITLE: FMVSR INTERPRETATION

TEXT: This is to respond to your letter of February 11, 1975, to Mr. Wolfgang Reinhart, concerning your defect notification letter in NHTSA campaign # 74-0203.

You believe that the second sentence in your notification letter properly determined that the defect existed in Matlock Model trailers. That sentence read, "Matlock Truck Body and Trailer Corporation has determined that a defect which relates to motor vehicle safety exists in the brake shoes of Standard Forge axles with 12 1/4 and 7 1/2 brake shoes on Matlock Model MTE (electronic trailers)." The NHTSA has consistently viewed a determination stated in this manner as relating to equipment (brake shoes) and not specifically to the vehicle. Matlock's determination should have been that the defect had been determined to exist in the described vehicles. We are aware that the existing requirements (49 CFR S 577.4(b) (1)) are not worded as explicitly as they might be. However, a proposed amendment to Part 577 published November 25, 1974 (39 FR 41182), did attempt to clarify the intent of this section. Should you have need to issue defect notification in the future we would expect the statement of determination to be directed specifically at the vehicles you manufacture.

With respect to your second point, section 577.4(d) calls for the evaluation to mention the possibility of vehicle crash where that is a potential result of the defect. In that regard your notification was clearly deficient.

We hope that this clarifies our earlier letter to you. Please feel free to write again if you have questions regarding the interpretation or application of any NHTSA requirements.