Interpretation ID: nht71-1.35

DATE: 12/02/71

FROM: RICHARD B. DYSON For Lawrence R. Schneider -- NHTSA

TO: G & D Communications Corporation

TITLE: FMVSR INTERPRETATION

TEXT: This is in reply to your letter of October 22, 1971, and your phone call to Michael Peskoe of November 15, 1971, requesting a copy of the Consumer Information regulations and asking what penalties may be imposed on manufacturers if their vehicles cannot perform as well as the figures they provide pursuant to the regulation. You stated in the above conversation that you have obtained the volume entitled "Performance Data for New 1971 Passenger Cars and Motorcycles" which contains a copy of the Consumer Information requirements. I have enclosed certain amendments to the Consumer Information regulations which will bring the regulations as they appear in this volume up to date.

With reference to your question regarding penalties for violations of the Consumer Information requirements, Section 108 and 109 of the National Traffic and Motor Vehicle Safety Act of 1966 (15 U.S.C.@@ 1397, 1398) authorize the imposition of civil penalties of up to $ 1,000 per violation, and up to $ 400,000 for any related series of violations, against manufacturers whose vehicles cannot perform at least as well as the data they supply indicates. In addition, injunctive proceedings may be utilized pursuant to section 110 of the Act (15 U.S.C.@ 1399).

I trust this answers your question. We regret that it was over-looked in our first response to your letter.