Interpretation ID: 86-3.47

TYPE: INTERPRETATION-NHTSA

DATE: 06/12/86

FROM: JAMES J. DABROWSKI -- REGULATIONS/STATISTICS COORDINATOR JAGUAR

TO: ERIKA Z. JONES -- CHIEF COUNSEL NATIONAL HIGHWAY TRAFFIC SAFETY ADMIN.

TITLE: NONE

ATTACHMT: ATTACHED TO LETTER DATED 07/15/86 TO, JAMES J. DABROWSKI, FROM ERIKA Z. JONES, REDBOOK A29 (4); SEC 102, 151; RECALL LETTER TO GRAY MARKET VEHICLE OWNERS FROM JAGUAR CARS INC AND RELEASE DATED 06/12/86 EST

TEXT: Dear Ms. Jones:

Attached you will find a copy of our letter to individuals or firms who have been identified as being in possession of or who have imported a Gray Market Jaguar vehicle that may be subject to a manufacturer's recall campaign. Also attached is a standard release form which we will require the owner/importer to sign before we attempt any recall repair.

As we understand, Jaguar Cars has no legal responsibility to notify owners of these vehicles or to repair these vehicles. Therefore, the usual NHTSA recall notification, owner letter, and reporting, etc., requirements are not binding. By way of explanation, however, the fact that we are not bound by these regulations is not the reason for our "abbreviated" owner notification approach.

The convoluted nature of virtually all aspects of this undertaking from sorting out complicated and often poor attempts at compliance modifications, unknown technology and unknown repair times to logistical questions regarding a cooperating dealer and arranging for a pre-repair inspection, etc., dictate a simple letter. It would be impossible under these circumstances to produce an all encompassing owner notification letter. In this instance, it is more efficient to liaise with the customer via phone.

We would like to make you aware of our endeavor. Mr. D. Allen of your office has, via Mr. F. Armstrong, seen our letters and expressed no objection. Would you please be kind enough to review the attached documents and confirm that Jaguar Cars is not bound by normal NHTSA recall procedures.

ATTACHMENT

Yours sincerely,