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Below is an extract from NHTSA's Proposal, which requests public comment and is available in downloadable PDF (384k).

Most of the document pertains to autos, but read pages 2, 5, 31, 32, 35 and 36 which is references motorcycles. Please also see the Call-To-Action at the bottom of this page.

Friday, December 21, 2001

National Highway Traffic Safety Administration
49 CFR Parts 574, 576, 579
[Docket No. NHTSA 2001–8677; Notice 2]
RIN 2127–AI25

Reporting of Information and Documents About Potential Defects Retention of Records That Could Indicate Defects

SUMMARY: This document proposes a regulation that would implement the "early warning reporting requirements" of the Transportation Recall Enhancement, Accountability, and Documentation (TREAD) Act. Under this proposal, motor vehicle and motor vehicle equipment manufacturers would be required to report information and to submit documents on customer satisfaction campaigns and other activities that may assist in identifying defects related to motor vehicle safety.

We [NHTSA] are also proposing amendments to NHTSAs general and tire record keeping regulations (Parts 576 and 574) to assure that manufacturers retain the information that must be reported to NHTSA under the early warning rule.

Comment Closing Date: Comments must be received on or before February 4, 2002.

ADDRESSES: All comments should refer to the docket and notice number set forth above and be submitted to Docket Management, Room PL401, 400 Seventh Street, SW., Washington, DC 20590. The docket room hours are from 9:30 a.m. to 5:00 p.m., Monday through Friday.

FOR FURTHER INFORMATION CONTACT: For non-legal issues, contact Jonathan White, Office of Defects Investigation, NHTSA: 202-366-5226. For legal issues, contact Taylor Vinson, Office of Chief Counsel, NHTSA: 202-366-5263. (See page 2 of PDF)


2. Replacement Equipment, Including Tires Replacement equipment comprises an even broader universe of parts than OE. Under both current 49 CFR 579.4(b) and proposed 579.4(c), it includes all motor vehicle equipment other than OE. Not only does the term have the literal meaning of equipment that is intended to replace OE, it also includes accessory equipment and "off vehicle equipment" that is not part of a motor vehicle, such as retro reflective motorcycle rider apparel and child restraints. (See page 3 of PDF)


§ 579.4 Terminology.

Equipment comprises original and replacement equipment:

(1) Original equipment means an item motor vehicle equipment (other than tire) that was installed in or on a motor vehicle at the time of its delivery the first purchaser if the item of equipment was installed on or in the motor vehicle at the time of its delivery a dealer or distributor for distribution; or the item of equipment was installed by the dealer or distributor with the express authorization of the motor vehicle manufacturer.

(2) Replacement equipment means motor vehicle equipment other than original equipment, and tires. (See page 32 of PDF)


1. According to NHTSA, comments must be submitted through February 4, 2002 by U.S. Mail only (not fax or e-mail). Write to: Docket Management, Room PL-401, 400 Seventh Street S.W., Washington DC 20590.

2. Tell your Congressman that motorcyclists, as well as makers of rider apparel, had no idea they would be hurt by a rule governing vehicle and tire defects. Ask your Congressman to ask NHTSA to either strike all references to motorcycle rider apparel in this rule or extend the public comment period so that the voices of riders and apparel makers can be heard. (Contact information for your Congressman is available at http://thomas.loc.gov)

In all correspondence to NHTSA and Congress, refer to this NPRM as Docket NHTSA 2001-8677, Notice 2.

Special thanks to Brian Stovall, Oregon for bringing this to our attention.

AMA Postion Statement

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