Interpretation ID: nht75-6.7

DATE: 06/10/75

FROM: AUTHOR UNAVAILABLE; James C. Schultz; NHTSA

TO: Franklin Coach Company Inc.

TITLE: FMVSR INTERPRETATION

TEXT: Thank you for submitting your draft defect notification letter for our review. We find that the draft fails in several respects to conform to regulations specifying the content of the notification (49 CFR Part 577, Defect Notification, copy enclosed). First the reference in the second sentence of your letter to "your motor home" does not contain the identifying criteria required by section 577.4(b)(1). The sentence should more objectively identify the motor home, preferably by model number and name.

It appears from the facts you present that in addition to adding new leaf springs, the certification label on the vehicles should be replaced. An upgrading of the vehicle's carrying capacity should be reflected in both its gross vehicle and axle weight ratings. A correct certification label should reflect the values as they apply to the repaired vehicle. Your notification letter should therefore specify steps the owner can take to correct the certification label (@ 577.4(e)). One method you should consider is to furnish to each owner a corrected certification label with instructions for its installation by him.

Your letter also fails to conform to section 577.4(e)(3), which applies when the manufacturer does not offer to assume the cost of the repair. It appears from your description that you are modifying the existing springs, and they should be identified by name and part number (@ 577.4(e)(3)(ii)). You also have not provided a required detailed description (including appropriate illustrations) of each step required to repair the defect (@ 577.4(e)(3)(iv).

Finally, the requirements of section 577.4(e)(3)(iii) require the manufacturer to take positive steps to determine the availability of repair parts. You are obligated to at least determine whether the parts you recommend for replacement are in fact available. We do not believe you have met this requirement by merely stating that the parts "should be available." You can probably obtain this information by contacting the vehicle manufacturer, or by finding comparable repair parts in the replacement market.

YOURS TRULY,

This notice is sent to you in accordance with the requirements of the National Traffic and Motor Vehicle Act. Franklin Coach Company, Inc. has determined that a defect which relates to motor vehicle safety exists in your motor home.

The defect is in the weight of your vehicle; when the designated number of seating capacity is multiplied times 150 pounds and added to the unloaded vehicle weight of your motor home, it is 200 pounds over weight.

The malfunction that may occur is difficulty in controlling the vehicle when operating on curves and rough roads. To reduce the chance that the malfunction will occur before the vehicle is repaired, the purchaser should reduce the water carried and the gasoline carried by 1/2 - this will reduce the vehicle weight by approximately 200 pounds.

The risk of safety to the vehicle will increase with the age of the vehicle. Vehicle crash can occur. However, preceeding crash there will be a noticeable difficulty in controlling the vehicle. When difficulty in controlling unit occurs, the vehicle must be lightened in weight.

The parts that must be installed is the addition of one leaf to the springs on each side of the motor home on the rear axle. The part number is: #3638194 at a list price of $25.80 each. The parts should be available at any Dodge dealer. The estimated time of installation is 3 hours. We recommend that the necessary work be performed by your local Dodge dealer.

FRANKLIN COACH COMPANY, INC.

Steve Abel Controller