DOT 49 CFR PART 577-2010 DEFECT AND NONCOMPLIANCE NOTIFICATION.pdf

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1、221 Natl Highway Traffic Safety Admin., DOT 577.2 576.5 Basic requirements. (a) Each manufacturer of motor vehi-cles, child restraint systems, and tires shall retain, as specified in 576.7 of this part, all records described in 576.6 of this part for a period of five calendar years from the date on

2、which they were generated or acquired by the manufac-turer. (b) Each manufacturer of motor vehi-cles and motor vehicle equipment shall retain, as specified in 576.7 of this part, all the underlying records on which the information reported under part 579 of this chapter is based, for a period of fiv

3、e calendar years from the date on which they were generated or acquired by the manufacturer, except as provided in paragraph (c) of this sec-tion. (c) Manufacturers need not retain copies of documents transmitted to NHTSA pursuant to parts 573, 577, and 579 of this chapter. 67 FR 45873, July 10, 200

4、2 576.6 Records. Records to be maintained by manu-facturers under this part include all documentary materials, films, tapes, and other information-storing media that contain information concerning malfunctions that may be related to motor vehicle safety. Such records in-clude, but are not limited to

5、, reports and other documents, including mate-rial generated or communicated by computer, telefax or other electronic means, that are related to work per-formed under warranties; and any lists, compilations, analyses, or discussions of such malfunctions contained in in-ternal or external corresponde

6、nce of the manufacturer, including commu-nications transmitted electronically. 67 FR 45873, July 10, 2002 576.7 Retention. Duplicate copies need not be re-tained. Information may be reproduced or transferred from one storage me-dium to another (e.g., from paper files to microfilm) as long as no info

7、rmation is lost in the reproduction or transfer, and when so reproduced or transferred the original form may be treated as a duplicate. 576.8 Malfunctions covered. For purposes of this part, malfunc-tions that may be related to motor ve-hicle safety shall include, with re-spect to a motor vehicle or

8、 item of motor vehicle equipment, any failure or malfunction beyond normal deterio-ration in use, or any failure of perform-ance, or any flaw or unintended devi-ation from design specifications, that could in any reasonably foreseeable manner be a causative factor in, or ag-gravate, an accident or a

9、n injury to a person. PART 577DEFECT AND NONCOMPLIANCE NOTIFICATION Sec. 577.1 Scope. 577.2 Purpose. 577.3 Application. 577.4 Definitions. 577.5 Notification pursuant to a manufac-turers decision. 577.6 Notification pursuant to Administra-tors decision. 577.7 Time and manner of notification. 577.8 D

10、isclaimers. 577.9 Conformity to statutory requirements. 577.10 Follow-up notification. 577.11 Reimbursement notification. 577.12 Notification pursuant to an acceler-ated remedy program. 577.13 Notification to dealers and distribu-tors. AUTHORITY: 49 U.S.C. 30102, 30103, 30116 30121, 30166; delegatio

11、ns of authority at 49 CFR 1.50 and 49 CFR 501.8. SOURCE: 41 FR 56816, Dec. 30, 1976, unless otherwise noted. 577.1 Scope. This part sets forth requirements for manufacturer notification to owners, dealers, and distributors of motor vehi-cles and items of replacement equip-ment about a defect that re

12、lates to motor vehicle safety or a noncompli-ance with a Federal motor vehicle safe-ty standard. 69 FR 34959, June 23, 2004 577.2 Purpose. The purpose of this part is to ensure that notifications of defects or non-compliances adequately inform and ef-fectively motivate owners of poten-tially defecti

13、ve or noncomplying motor VerDate Mar2010 10:10 Dec 13, 2010 Jkt 220218 PO 00000 Frm 00231 Fmt 8010 Sfmt 8010 Y:SGML220218.XXX 220218wwoods2 on DSK1DXX6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-222 49 CFR Ch. V (10110 Edition) 577

14、.3 vehicles or items of replacement equip-ment to have such vehicles or equip-ment inspected and, where necessary, remedied as quickly as possible. It is also to ensure that dealers and dis-tributors of motor vehicles and items of replacement equipment are made aware of the existence of defects and

15、noncompliances and of their rights and responsibilities with regard thereto. 41 FR 56816, Dec. 30, 1976, as amended at 69 FR 34959, June 23, 2004 577.3 Application. This part applies to manufacturers of complete motor vehicles, incomplete motor vehicles, and replacement equip-ment. In the case of ve

16、hicles manufac-tured in two or more stages, compli-ance by either the manufacturer of the incomplete vehicle, any subsequent manufacturer, or the manufacturer of affected replacement equipment, shall be considered compliance by each of those manufacturers. 577.4 Definitions. For the purposes of this

17、 part: Act means 49 U.S.C. Chapter 30101 30169. Administrator means the Adminis-trator of the National Highway Traffic Safety Administration or his delegate. First purchaser means the first pur-chaser in good faith for a purpose other than resale. Leased motor vehicle means any motor vehicle that is

18、 leased to a person for a term of at least four months by a les-sor who has leased five or more vehi-cles in the twelve months preceding the date of notification by the vehicle manufacturer of the existence of a safety-related defect or noncompliance with a Federal motor vehicle safety standard in t

19、he motor vehicle. Lessee means a person who is the les-see of a leased motor vehicle as defined in this section. Lessor means a person or entity that is the owner, as reflected on the vehi-cles title, of any five or more leased vehicles (as defined in this section), as of the date of notification by

20、 the man-ufacturer of the existence of a safety- related defect or noncompliance with a Federal motor vehicle safety standard in one or more of the leased motor ve-hicles. Owners includes purchaser. 41 FR 56816, Dec. 30, 1976, as amended at 60 FR 17270, Apr. 5, 1995 577.5 Notification pursuant to a

21、man-ufacturers decision. (a) When a manufacturer of motor ve-hicles or replacement equipment deter-mines that any motor vehicle or item of replacement equipment produced by the manufacturer contains a defect that relates to motor vehicle safety, or fails to conform to an applicable Fed-eral motor ve

22、hicle safety standard, the manufacturer shall provide notifica-tion in accordance with paragraph (a) of 577.7, unless the manufacturer is exempted by the Administrator (pursu-ant to 49 U.S.C. 30118(d) or 30120(h) from giving such notification. The no-tification shall contain the informa-tion specifi

23、ed in this section. The infor-mation required by paragraphs (b) and (c) of this section shall be presented in the form and order specified. The infor-mation required by paragraphs (d) through (h) of this section may be pre-sented in any order. Except as author-ized by the Administrator, the manu-fac

24、turer shall submit a copy of its pro-posed owner notification letter, includ-ing any provisions or attachments re-lated to reimbursement, to NHTSAs Recall Management Division (NVS215) no fewer than five Federal Government business days before it intends to begin mailing it to owners. The manufac-tur

25、er shall mark the outside of each envelope in which it sends an owner no-tification letter with a notation that includes the words SAFETY, RE-CALL, and NOTICE, all in capital letters and in type that is larger than that used in the address section, and is also distinguishable from the other type in

26、a manner other than size. Ex-cept where the format of the envelope has been previously approved by NHTSAs Recall Management Division (NVS215), each manufacturer must submit the envelope format it intends to use to that division at least five Federal Government business days be-fore mailing the notif

27、ication to owners. Submission of envelopes and proposed owner notification letters shall be made by any means, including those means identified in 49 CFR 573.9, that VerDate Mar2010 10:10 Dec 13, 2010 Jkt 220218 PO 00000 Frm 00232 Fmt 8010 Sfmt 8010 Y:SGML220218.XXX 220218wwoods2 on DSK1DXX6B1PROD w

28、ith CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-223 Natl Highway Traffic Safety Admin., DOT 577.5 permits the manufacturer to verify re-ceipt promptly by the Recall Manage-ment Division and the date it was re-ceived by that division. Notificat

29、ion sent to an owner whose address is in ei-ther the Commonwealth of Puerto Rico or the Canal Zone shall be written in both English and Spanish. (b) An opening statement: This no-tice is sent to you in accordance with the requirements of the National Traf-fic and Motor Vehicle Safety Act. (c) Whiche

30、ver of the following state-ments is appropriate: (1) (Manufacturers name or divi-sion) has decided that a defect which relates to motor vehicle safety exists in (identified motor vehicles, in the case of notification sent by a motor ve-hicle manufacturer; identified replace-ment equipment, in the ca

31、se of notifi-cation sent by a replacement equip-ment manufacturer); or (2) (Manufacturers name or divi-sion) has decided that (identified motor vehicles, in the case of notification sent by a motor vehicle manufacturer; identified replacement equipment, in the case of notification sent by a re-place

32、ment equipment manufacturer) fail to conform to Federal Motor Vehi-cle Safety Standard No. (number and title of standard). (d) When the manufacturer deter-mines that the defect or noncompli-ance may not exist in each such vehicle or item of replacement equipment, he may include an additional stateme

33、nt to that effect. (e) A clear description of the defect or noncompliance, which shall in-clude (1) An identification of the vehicle system or particular item(s) of motor vehicle equipment affected. (2) A description of the malfunction that may occur as a result of the defect or noncompliance. The d

34、escription of a noncompliance with an applicable standard shall include, in general terms, the difference between the per-formance of the noncomplying vehicle or item of replacement equipment and the performance specified by the stand-ard; (3) A statement of any operating or other conditions that ma

35、y cause the malfunction to occur; and (4) A statement of the precautions, if any, that the owners should take to re-duce the chance that the malfunction will occur before the defect or non-compliance is remedied. (f) An evaluation of the risk to motor vehicle safety reasonably related to the defect

36、or noncompliance. (1) When vehicle crash is a potential occurrence, the evaluation shall in-clude whichever of the following is ap-propriate: (i) A statement that the defect or noncompliance can cause vehicle crash without prior warning; or (ii) A description of whatever prior warning may occur, and

37、 a statement that if this warning is not heeded, vehi-cle crash can occur. (2) When vehicle crash is not the po-tential occurrence, the evaluation must include a statement indicating the general type of injury to occupants of the vehicle, or to persons outside the vehicle, that can result from the d

38、efect or noncompliance, and a description of whatever prior warning may occur. (g) A statement of measures to be taken to remedy the defect or non-compliance, in accordance with para-graph (g)(1) or (g)(2) of this section, whichever is appropriate. (1) When the manufacturer is re-quired by the Act t

39、o remedy the defect or noncompliance without charge, or when he will voluntarily so remedy in full conformity with the Act, he shall include (i) A statement that he will cause such defect or noncompliance to be remedied without charge, and whether such remedy will be by repair, replace-ment, or (exc

40、ept in the case of replace-ment equipment) refund, less deprecia-tion, of the purchase price. (ii) The earliest date on which the de-fect or noncompliance will be remedied without charge. In the case of remedy by repair, this date shall be the earliest date on which the manufacturer rea-sonably expe

41、cts that dealers or other service facilities will receive necessary parts and instructions. The manufac-turer shall specify the last date, if any, on which he will remedy tires without charge. (iii) In the case of remedy by repair through the manufacturers dealers or other service facilities: VerDat

42、e Mar2010 10:10 Dec 13, 2010 Jkt 220218 PO 00000 Frm 00233 Fmt 8010 Sfmt 8010 Y:SGML220218.XXX 220218wwoods2 on DSK1DXX6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-224 49 CFR Ch. V (10110 Edition) 577.5 (A) A general description of

43、 the work involved in repairing the defect or non-compliance; and (B) The manufacturers estimate of the time reasonably necessary to per-form the labor required to correct the defect or noncompliance. (iv) In the case of remedy by repair through service facilities other than those of the manufacture

44、r or its deal-ers: (A) The name and part number of each part must be added, replaced, or modified; (B) A description of any modifica-tions that must be made to existing parts, which shall also be identified by name and part number; (C) Information as to where needed parts will be available; (D) A de

45、tailed description (including appropriate illustrations) of each step required to correct the defect or non-compliance; (E) The manufacturers estimate of the time reasonably necessary to per-form the labor required to correct the defect or noncompliance; and (F) The manufacturers recommenda-tions of

46、 service facilities where the owner should have the repairs per-formed. (v) In the case of remedy by replace-ment, a description of the motor vehi-cle or item of replacement equipment that the manufacturer will provide as a replacement for the defective or non-complying vehicle or equipment. (vi) In

47、 the case of remedy by refund of purchase price, the method or basis for the manufacturers assessment of depreciation. (vii) A statement informing the owner that he or she may submit a complaint to the Administrator, Na-tional Highway Traffic Safety Admin-istration, 1200 New Jersey Ave., SE., Washin

48、gton, DC 20590; or call the toll- free Vehicle Safety Hotline at 1888 3274236 (TTY: 18004249153); or go to http:/www.safercar.gov, if the owner be-lieves that: (A) The manufacturer, distributor, or dealer has failed or is unable to remedy the defect or noncompliance without charge. (B) The manufactu

49、rer has failed or is unable to remedy the defect or non-compliance without charge (1) (In the case of motor vehicles or items of replacement equipment, other than tires) within a reasonable time, which is not longer than 60 days in the case of repair after the owners first tender to obtain repair following the earliest repair date specified in the no-tification, unless the period is extended by Admin