DOT 49 CFR PART 579-2010 REPORTING OF INFORMATION AND COMMUNICATIONS ABOUT POTENTIAL DEFECTS.pdf

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1、234 49 CFR Ch. V (10110 Edition) Pt. 579 (1) At the time of the violation, such person does not know that the viola-tion would result in an accident caus-ing death or serious bodily injury; and (2) The person corrects any improper reports or failure to report, with re-spect to reporting requirements

2、 of 49 U.S.C. 30166, within a reasonable time. (b) Reasonable time. A correction is considered to have been performed within a reasonable time if the person seeking protection from criminal li-ability makes the correction to any improper (i.e., incorrect, incomplete, or misleading) report not more t

3、han thirty (30) calendar days after the date of the report to the agency and cor-rects any failure to report not more than thirty (30) calendar days after the report was due to be sent to or received by the agency, as the case may be, pur-suant to 49 U.S.C. 30166, including a regulation, requirement

4、, request or order issued thereunder. In order to meet these reasonable time require-ments, all submissions required by this section must be received by NHTSA within the time period specified in this paragraph, and not merely mailed or otherwise sent within that time period. (c) Sufficient manner of

5、 correction. Each person seeking safe harbor pro-tection from criminal penalties under 49 U.S.C. 30170(a)(2) must comply with the following with respect to each im-proper report and failure to report for which safe harbor protection is sought: (1) Sign and submit to NHTSA a dated document identifyin

6、g: (i) Each previous improper report (e.g., informational statement and doc-ument submission), and each failure to report as required under 49 U.S.C. 30166, including a regulation, requirement, request or order issued thereunder, for which protection is sought, and (ii) The specific predicate under

7、which the improper or omitted report should have been provided (e.g., the re-port was required by a specified regula-tion, NHTSA Information Request, or NHTSA Special Order). (2) Submit the complete and correct information that was required to be submitted but was improperly sub-mitted or was not pr

8、eviously sub-mitted, including relevant documents that were not previously submitted, or, if the person cannot do so, provide a detailed description of that informa-tion and/or the content of those docu-ments and the reason why the indi-vidual cannot provide them to NHTSA (e.g., the information or d

9、ocuments are not in the individuals possession or control). (3) For a corporation, the submission must be signed by an authorized person (ordinarily, the individual officer or employee who submitted the improper report or who should have provided the report that the corporation failed to submit on b

10、ehalf of the company, or someone in the company with author-ity to make such a submission). (4) Submissions must be made by a means which permits the sender to verify promptly that the report was in fact received by NHTSA and the day it was received by NHTSA. (5) Submit the report to Chief Coun-sel

11、(NCC10), National Highway Traffic Safety Administration, Room 5219, 400 Seventh Street, SW., Washington, DC 20590. 65 FR 81419, Dec. 26, 2000, as amended at 66 FR 38384, July 24, 2001 PART 579REPORTING OF INFOR-MATION AND COMMUNICA-TIONS ABOUT POTENTIAL DE-FECTS Subpart AGeneral Sec. 579.1 Scope. 57

12、9.2 Purpose. 579.3 Application. 579.4 Terminology. 579.5 Notices, bulletins, customer satisfac-tion campaigns, consumer advisories, and other communications. 579.6 Address for submitting reports and other information. 579.7579.10 Reserved Subpart BReporting of Safety Recalls and Other Safety Campaig

13、ns in Foreign Countries 579.11 Reporting responsibilities. 579.12 Contents of reports. 579.13579.20 Reserved Subpart CReporting of Early Warning Information 579.21 Reporting requirements for manufac-turers of 5,000 or more light vehicles an-nually. VerDate Mar2010 10:10 Dec 13, 2010 Jkt 220218 PO 00

14、000 Frm 00244 Fmt 8010 Sfmt 8010 Y:SGML220218.XXX 220218wwoods2 on DSK1DXX6B1PROD with CFRProvided by IHSNot for Resale-,-,-235 Natl Highway Traffic Safety Admin., DOT 579.3 579.22 Reporting requirements for manufac-turers of 100 or more buses, manufactur-ers of 500 or more emergency vehicles and ma

15、nufacturers of 5,000 or more me-dium-heavy vehicles (other than buses and emergency vehicles) annually. 579.23 Reporting requirements for manufac-turers of 5,000 or more motorcycles annu-ally. 579.24 Reporting requirements for manufac-turers of 5,000 or more trailers annually. 579.25 Reporting requi

16、rements for manufac-turers of child restraint systems. 579.26 Reporting requirements for manufac-turers of tires. 579.27 Reporting requirements for manufac-turers of fewer than 100 buses annually, for manufacturers of fewer than 500 emergency vehicles annually, for manu-facturers of fewer than 5,000

17、 light vehi-cles, medium-heavy vehicles (other than buses and emergency vehicles), motor-cycles or trailers annually, for manufac-turers of original equipment, and for manufacturers of replacement equipment other than child restraint systems and tires. 579.28 Due date of reports and other mis-cellan

18、eous provisions. 579.29 Manner of reporting. AUTHORITY: 49 U.S.C. 30102103, 30112, 30117 121, 30166167; delegation of authority at 49 CFR 1.50 and 49 CFR 501.8. SOURCE: 67 FR 45873, July 10, 2002, unless otherwise noted. Subpart AGeneral 579.1 Scope. This part sets forth requirements for reporting i

19、nformation and submitting documents that may help identify de-fects related to motor vehicle safety and noncompliances with Federal motor vehicle safety standards, includ-ing reports of foreign safety recalls and other safety-related campaigns con-ducted outside the United States under 49 U.S.C. 301

20、66(l), early warning infor-mation under 49 U.S.C. 30166(m), and copies of communications about de-fects and noncompliances under 49 U.S.C. 30166(f). 579.2 Purpose. The purpose of this part is to en-hance motor vehicle safety by speci-fying information and documents that manufacturers of motor vehicl

21、es and motor vehicle equipment must provide to NHTSA with respect to possible safety-related defects and noncompli-ances in their products, including the reporting of safety recalls and other safety campaigns that the manufac-turer conducts outside the United States. 67 FR 63310, Oct. 11, 2002 579.3

22、 Application. (a) This part applies to all manufac-turers of motor vehicles and motor ve-hicle equipment with respect to all motor vehicles and motor vehicle equipment that have been offered for sale, sold, or leased in the United States by the manufacturer, including any parent corporation, any sub

23、sidiary or affiliate of the manufacturer, or any subsidiary or affiliate of any parent corporation, and with respect to all motor vehicles and motor vehicle equipment that have been offered for sale, sold, or leased in a foreign coun-try by the manufacturer, including any parent corporation, any sub

24、sidiary or affiliate of the manufacturer, or any subsidiary or affiliate of any parent corporation, and are identical or sub-stantially similar to any motor vehi-cles or motor vehicle equipment that have been offered for sale, sold, or leased in the United States. (b) In the case of any report requi

25、red under subpart B of this part, compli-ance by the fabricating manufacturer, the importer, the brand name owner, or a parent or subsidiary of such fabri-cator, importer, or brand name owner of the motor vehicle or motor vehicle equipment that is identical or substan-tially similar to that covered

26、by the foreign recall or other safety cam-paign, shall be considered compliance by all persons. (c) In the case of any report required under subpart C of this part, compli-ance by the fabricating manufacturer, the importer, the brand name owner, or a parent or United States subsidiary of such fabric

27、ator, importer, or brand name owner of the motor vehicle or motor vehicle equipment, shall be con-sidered compliance by all persons. (d) With regard to any information required to be reported under subpart C of this part, an entity covered under paragraph (a) of this section need only review informa

28、tion and systems where information responsive to subpart C of VerDate Mar2010 10:10 Dec 13, 2010 Jkt 220218 PO 00000 Frm 00245 Fmt 8010 Sfmt 8010 Y:SGML220218.XXX 220218wwoods2 on DSK1DXX6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS236

29、49 CFR Ch. V (10110 Edition) 579.4 this part is kept in the usual course of business. 43 FR 38833, Aug. 31, 1978, as amended at 67 FR 63310, Oct. 11, 2002 579.4 Terminology. (a) Statutory terms. The terms dealer, defect, distributor, motor vehicle, motor vehicle equipment, and State are used as defi

30、ned in 49 U.S.C. 30102. (b) Regulatory terms. The term Vehicle Identification Number (VIN) is used as defined in 565.3(o) of this chapter. The terms bus, Gross Vehicle Weight Rating (GVWR), motorcycle, multipurpose pas-senger vehicle, passenger car, trailer, and truck are used as defined in 571.3(b)

31、 of this chapter. The term Booster seat is used as defined in S4 of 571.213 of this chapter. The term Tire Identification Number (TIN) is the tire identification number described in 574.5 of this chapter. The term Limited production tire is used as defined in 575.104(c)(2) of this chapter. (c) Other

32、 terms. The following terms apply to this part: Administrator means the Adminis-trator of the National Highway Traffic Safety Administration (NHTSA), or the Administrators delegate. Affiliate means, in the context of an affiliate of or person affiliated with a specified person, a person that directl

33、y, or indirectly through one or more intermediates, controls or is controlled by, or is under common control with, the person specified. The term person usually is a corporation. Air bag means an air bag or other automatic occupant restraint device (other than a seat belt as defined in this subpart)

34、 installed in a motor vehi-cle that restrains an occupant in the event of a vehicle crash without requir-ing any action on the part of the occu-pant to obtain the benefit of the re-straint. This term includes inflatable restraints (front and side air bags), knee bolsters, and any other automatic res

35、training device that may be devel-oped that does not include a restrain-ing belt or harness. This term also in-cludes all air bag-related components, such as the inflator assembly, air bag module, control module, crash sensors and all hardware and software associ-ated with the air bag. This term in-

36、cludes all associated switches, control units, connective elements (such as wiring harnesses, hoses, piping, etc.), and mounting elements (such as brack-ets, fasteners, etc.). Base means the detachable bottom portion of a child restraint system that may remain in the vehicle to provide a base for se

37、curing the system to a seat in a motor vehicle. Bead means all the materials in a tire below the sidewalls in the rim con-tact area, including bead rubber com-ponents, the bead bundle and rubber coating if present, the body ply and its turn-up including the rubber coating, rubber, fabric, or metalli

38、c reinforcing materials, and the inner-liner rubber under the bead area. Brand name owner means a person that markets a motor vehicle or motor vehicle equipment under its own trade name whether or not it is the fabri-cator or importer of the vehicle or equipment. Buckle and restraint harness means t

39、he components of a child restraint system that are intended to restrain a child seated in such a system, includ-ing the belt webbing, buckles, buckle release mechanism, belt adjusters, belt positioning devices, and shields. Child restraint system means any sys-tem that meets, or is offered for sale

40、in the United States as meeting, any defi-nition in S4 of 571.213 of this chapter, or that is offered for sale as a child re-straint system in a foreign country. Claim means a written request or written demand for relief, including money or other compensation, assump-tion of expenditures, or equitab

41、le re-lief, related to a motor vehicle crash, accident, the failure of a component or system of a vehicle or an item of motor vehicle equipment, or a fire originating in or from a motor vehicle or a sub-stance that leaked from a motor vehi-cle. Claim includes, but is not limited to, a demand in the

42、absence of a law-suit, a complaint initiating a lawsuit, an assertion or notice of litigation, a settlement, covenant not to sue or re-lease of liability in the absence of a written demand, and a subrogation re-quest. A claim exists regardless of any denial or refusal to pay it, and regard-less of w

43、hether it has been settled or resolved in the manufacturers favor. The existence of a claim may not be VerDate Mar2010 10:10 Dec 13, 2010 Jkt 220218 PO 00000 Frm 00246 Fmt 8010 Sfmt 8010 Y:SGML220218.XXX 220218wwoods2 on DSK1DXX6B1PROD with CFRProvided by IHSNot for Resale-,-,-237 Natl Highway Traff

44、ic Safety Admin., DOT 579.4 conditioned on the receipt of anything beyond the document(s) stating a claim. Claim does not include demands related to asbestos exposure, to emis-sions of volatile organic compounds from vehicle interiors, or to end-of-life disposal of vehicles, parts or compo-nents of

45、vehicles, equipment, or parts or components of equipment. Common green tires means tires that are produced to the same internal spec-ifications but that have, or may have, different external characteristics and may be sold under different tire line names. Consumer complaint means a commu-nication of

46、 any kind made by a con-sumer (or other person) to or with a manufacturer addressed to the com-pany, an officer thereof or an entity thereof that handles consumer mat-ters, a manufacturer website that re-ceives consumer complaints, a manu-facturer electronic mail system that receives such informatio

47、n at the cor-porate level, or that are otherwise re-ceived by a unit within the manufac-turer that receives consumer inquiries or complaints, including telephonic complaints, expressing dissatisfaction with a product, or relating the unsatis-factory performance of a product, or any actual or potenti

48、al defect in a product, or any event that allegedly was caused by any actual or potential defect in a product, but not including a claim of any kind or a notice involving a fatality or injury. Control (including the terms control-ling, controlled by, and under common control with) means the possessi

49、on, di-rect or indirect, of the power to direct or cause the direction of the manage-ment and policies of a person, whether through the ownership of voting securi-ties, by contract, or otherwise. Customer satisfaction campaign, con-sumer advisory, recall, or other activity involving the repair or replacement of motor vehicles or motor vehicle equipment means any communication by a manu-facturer to, or made available to, more than one dealer, distributor, lessor, les-see, ot