Interpretation ID: aiam1776
Manager
Product Quality and Safety
Volvo of America Corporation
Rockleigh
NJ 07647;
Dear Mr. Taylor: This is in response to your letter of December 26 regarding th proposed plan for notifying vehicle owners involved in defect notification campaign 74-0246.; The provisions of the 1974 amendments to the Safety Act do apply t this campaign, and notification of the defect must be in accordance with these amendments. Section 153(c)(1) requires notification to be sent to each person registered under State law as the owner of the vehicle. There is nothing in the statute to prevent a manufacturer from utilizing his own car inventory and owner files to obtain this information, however, the manufacturer must still ensure that his notification program will reach all 'registered owners.' He may not substitute, as your letter implicitly requests, notification to only those purchasers reflected on his own lists unless he can demonstrate that his lists contain a complete listing of owners registered under State law.; It is difficult to see how this can be demonstrated unless ever vehicle subject to the campaign is accounted for almost immediately after notification is mailed. Otherwise, a manufacturer would not know that he had notified each registered owner even if in fact he had. A manufacturer who delayed additional notification until the results of the first mailing were available to him (unless they were available almost immediately) would not, in our view, have issued notification within a reasonable time if in fact some owners did not receive notification as a result of the initial mailing. Thus, while the expense of purchasing owner lists would seem to be less productive in the situation you describe than in campaigns involving older vehicles, it is difficult for us to see how it can be avoided under the statutory requirements.; Sincerely, Andrew G. Detrick, Director, Office of Defect Investigation, Motor Vehicle Programs;