Interpretation ID: aiam0390
Recreational Vehicle Institute
Inc.
Suite 406
1140 Connecticut Avenue
Washington
DC 20006;
Dear Mr. Humphreys: This is in reply to your letter of June 3, 1971, concerning th application of sections 111 and 113 of the National Traffic and Motor Vehicle Safety Act (15 U.S.C. S 1400, 1402), and the Defect Reports regulations (49 CFR Part 573), to manufacturers of slide-in campers.; In your letter, you state your conclusion that slide-in campers ar items of motor vehicle equipment, that consequently, sections 113(a), 113(b), 113(c), 113(d) and 113(e) of the National Traffic and Motor Vehicle Safety Act (15 U.S.C. SS 1402(a), 1402(b), 1402(c), 1402(d), 1402(e)) do not apply to manufacturers of slide-in campers, that Part 573, 'Defect Reports,' similarly does not apply to them, but that section 111 of the Act (15 U.S.C. 1400) does apply to them. You request that we confirm these conclusions or advise you in which areas we disagree.; You are correct in concluding that a slide-in camper is an item o motor vehicle equipment under the Act. The Administration's position has not changed since publication of the ruling of March 26, 1968 (33 F.R. 5020), to which you refer, concerning the classification of slide-in campers as items of motor vehicle equipment. We also agree with your conclusion that sections 113(a), 113(b), and 113(c) of the Act, do not directly apply to manufacturers of slide-in campers. They apply, as you state, only to manufacturers of motor vehicles.; We also agree with your conclusion that section 113(d) of the Act (1 U.S.C. 1402(d)) and Part 573, Defect Reports, do not apply to manufacturers of slide- in campers or other motor vehicle equipment. We also agree that section 111 of the Act (15 U.S.C. 1400) does apply to both equipment and vehicle manufacturers.; We do not agree, however, with your position that section 113(e) of th Act (15 U.S.C. S 1402(e)) applies only to manufacturers of motor vehicles. To read section 113(e) in this manner would allow one of the basic remedial provisions of the Act to be ineffective in dealing with a vast segment of the industry that the Act is intended to regulate. Our position is that section 113(e) applies both to manufacturers of motor vehicles and to manufacturers of motor vehicle equipment, and that sections 113(a), 113(b) and 113(c) as referenced in that section also apply to both types of manufacturers. We believe this conclusion to be clearly reflected in the language of these sections. While the language of section 113(a) refers only to manufacturers of motor vehicles, section 113(e) refers with equal emphasis to manufacturers of a motor vehicle *or* item of motor vehicle equipment.; To summarize, while manufacturers of slide-in campers or other moto vehicle equipment are not obligated to conduct voluntary defect notification campaigns pursuant to section 113(a), should the Administrator determine, pursuant to section 113(e), that a slide-in camper or other item of motor vehicle fails to comply with an applicable motor vehicle safety standard, or contains a defect that relates to motor vehicle safety, then the Administrator is authorized to order the manufacturer of that item of motor vehicle equipment to conduct a notification campaign, as specified in sections 113(a), 113(b), and 113(c). Failure or refusal by the manufacturer to do so may result in a violation of section 108(a)(4) of the Act (15 U.S.C. S 1397(a)(4)) and the impositions of the sanctions specified in sections 109 (15 U.S.C. S 1398) and 110 (15 U.S.C. S 1399).; I wish to point out that, in practice, manufacturers of slide-i campers or other motor vehicle equipment and manufacturers of motor vehicles may be treated similarly under section 113. When the Administration has reason to believe that either a motor vehicle or item of motor vehicle equipment fails to comply with an applicable standard or contains a safety-related defect, the manufacturer is generally requested to discuss the matter informally before a formal determination is made pursuant to section 113(e). Most manufacturers have, at this point, and irrespective of whether they manufacture vehicles or equipment, voluntarily offered in the best interests of safety to notify owners of record of the problem.; We are pleased to be of assistance. Sincerely, Lawrence R. Schneider, Acting Chief Counsel