Interpretation ID: aiam1791
Service Engineer
Jensen Motors
Incorporated
19200 Susana Road
Compton
CA 90221;
Dear Mr. Ham: This is in reference to your defect notification and remedy campaig (NHTSA No. 75-0004), concerning throttle cables on some 1974 Interceptors which may bind.; The letter which you have sent to the owners of the subject vehicle does not entirely meet the requirements of section 153 of the 1974 amendment to the National Traffic and Motor Vehicle Safety Act of 1966 and 49 CFR Part 577, 'Defect Notification.' The provisions of the amendment concerning notification and remedy requirements became effective on December 26, 1974. Unless mailing of the owner notification letters was begun prior to December 26, 1974, the provisions of section 153 should have been followed.; Your letter does not provide an adequate evaluation of the risk t motor vehicle safety reasonably related to the defect, as required by section 153(a)(2) and 49 CFR S 577.4(d). The possible consequences of a throttle sticking in the open position, such as vehicle crash, should have been given. Owners should also have been informed that they may write to the Administrator, National Highway Traffic Safety Administration, Washington, D.C. 20590, in the event that their dealer fails or is unable to remedy the defect without charge. This is required by section 153(a)(6). Finally, the last sentence in your third paragraph, beginning, '[H]owever, there have not been any reported instances . . .' must be deleted. We consider this statement to be a disclaimer and prohibited under 49 CFR S 577.6.; It is therefore necessary that you revise the notification letter an send a copy of the revised letter to this office and to each person registered under State law as the owner of an involved vehicle. Those owners whose vehicles have already been corrected at this time, however, need not be renotified. The revised letters should be sent by first class mail as specified by section 153(c)(1).; Copies of the 1974 amendment to the Act and 49 CFR Part 577 ar enclosed. If you desire further information, please contact Messrs. W. Reinhart or James Murray of this office at (202) 426-2840.; Sincerely, Andrew G. Detrick, Director, Office of Defect Investigation, Motor Vehicle Programs;