[Code of Federal Regulations]
[Title 49, Volume 5]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR579.4]

[Page 924-931]
 
                        TITLE 49--TRANSPORTATION
 
                            OF TRANSPORTATION
 
PART 579--REPORTING OF INFORMATION AND COMMUNICATIONS ABOUT POTENTIAL DEFECTS--Table of Contents
 
                           Subpart A--General
 
Sec. 579.4  Terminology.

    (a) Statutory terms. The terms dealer, defect, distributor, motor 
vehicle, motor vehicle equipment, and State are used as defined in 49 
U.S.C. 30102.
    (b) Regulatory terms. The term Vehicle Identification Number (VIN) 
is used as defined in Sec. 565.3(o) of this chapter. The terms bus, 
Gross Vehicle Weight Rating (GVWR), motorcycle, multipurpose passenger 
vehicle, passenger car, trailer, and truck are used as defined in 
Sec. 571.3(b) of this chapter. The term Booster seat is used as defined 
in S4 of Sec. 571.213 of this chapter. The term Tire Identification 
Number (TIN) is the ``tire identification number'' described in 
Sec. 574.5 of this chapter. The term Limited production tire is used as 
defined in Sec. 575.104(c)(2) of this chapter.
    (c) Other terms. The following terms apply to this part:
    Administrator means the Administrator of the National Highway 
Traffic Safety Administration (NHTSA), or the Administrator's delegate.
    Affiliate means, in the context of an affiliate of or person 
affiliated with a specified person, a person that directly, or 
indirectly through one or more intermediates, controls or is controlled 
by, or is under common control with, the person specified. The term 
person usually is a corporation.
    Air bag means an air bag or other automatic occupant restraint 
device (other than a ``seat belt'' as defined in this subpart) installed 
in a motor vehicle that restrains an occupant in the event of a vehicle 
crash without requiring any action on the part of the occupant to obtain 
the benefit of the restraint. This term includes inflatable restraints 
(front and side air bags), knee bolsters, and any other automatic

[[Page 925]]

restraining device that may be developed that does not include a 
restraining belt or harness. This term also includes all air bag-related 
components, such as the inflator assembly, air bag module, control 
module, crash sensors and all hardware and software associated with the 
air bag. This term includes all associated switches, control units, 
connective elements (such as wiring harnesses, hoses, piping, etc.), and 
mounting elements (such as brackets, fasteners, etc.).
    Base means the detachable bottom portion of a child restraint system 
that may remain in the vehicle to provide a base for securing the system 
to a seat in a motor vehicle.
    Bead means all the materials in a tire below the sidewalls in the 
rim contact area, including bead rubber components, the bead bundle and 
rubber coating if present, the body ply and its turn-up including the 
rubber coating, rubber, fabric, or metallic reinforcing materials, and 
the inner-liner rubber under the bead area.
    Brand name owner means a person that markets a motor vehicle or 
motor vehicle equipment under its own trade name whether or not it is 
the fabricator or importer of the vehicle or equipment.
    Buckle and restraint harness means the components of a child 
restraint system that are intended to restrain a child seated in such a 
system, including the belt webbing, buckles, buckle release mechanism, 
belt adjusters, belt positioning devices, and shields.
    Child restraint system means any system that meets, or is offered 
for sale in the United States as meeting, any definition in S4 of 
Sec. 571.213 of this chapter, or that is offered for sale as a child 
restraint system in a foreign country.
    Claim means a written request or written demand for relief, 
including money or other compensation, assumption of expenditures, or 
equitable relief, related to a motor vehicle crash, accident, the 
failure of a component or system of a vehicle or an item of motor 
vehicle equipment, or a fire originating in or from a motor vehicle or a 
substance that leaked from a motor vehicle. Claim includes, but is not 
limited to, a demand in the absence of a lawsuit, a complaint initiating 
a lawsuit, an assertion or notice of litigation, a settlement, covenant 
not to sue or release of liability in the absence of a written demand, 
and a subrogation request. A claim exists regardless of any denial or 
refusal to pay it, and regardless of whether it has been settled or 
resolved in the manufacturer's favor. The existence of a claim may not 
be conditioned on the receipt of anything beyond the document(s) stating 
a claim. Claim does not include demands related to asbestos exposure, to 
emissions of volatile organic compounds from vehicle interiors, or to 
end-of-life disposal of vehicles, parts or components of vehicles, 
equipment, or parts or components of equipment.
    Common green tires means tires that are produced to the same 
internal specifications but that have, or may have, different external 
characteristics and may be sold under different tire line names.
    Consumer complaint means a communication of any kind made by a 
consumer (or other person) to or with a manufacturer addressed to the 
company, an officer thereof or an entity thereof that handles consumer 
matters, a manufacturer website that receives consumer complaints, a 
manufacturer electronic mail system that receives such information at 
the corporate level, or that are otherwise received by a unit within the 
manufacturer that receives consumer inquiries or complaints, including 
telephonic complaints, expressing dissatisfaction with a product, or 
relating the unsatisfactory performance of a product, or any actual or 
potential defect in a product, or any event that allegedly was caused by 
any actual or potential defect in a product, but not including a claim 
of any kind or a notice involving a fatality or injury.
    Customer satisfaction campaign, consumer advisory, recall, or other 
activity involving the repair or replacement of motor vehicles or motor 
vehicle equipment means any communication by a manufacturer to, or made 
available to, more than one dealer, distributor, lessor, lessee, other 
manufacturer, or owner, whether in writing or by electronic means, 
relating to repair, replacement, or modification of a vehicle, component 
of a vehicle, item of equipment, or

[[Page 926]]

a component thereof, the manner in which a vehicle or child restraint 
system is to be maintained or operated (excluding promotional and 
marketing materials, customer satisfaction surveys, and operating 
instructions or owner's manuals that accompany the vehicle or child 
restraint system at the time of first sale); or advice or direction to a 
dealer or distributor to cease the delivery or sale of specified models 
of vehicles or equipment.
    Dealer field report means a field report from a dealer or authorized 
service facility of a manufacturer of motor vehicles or motor vehicle 
equipment.
    Electrical system means any electrical or electronic component of a 
motor vehicle that is not included in one of the other reporting 
categories enumerated in subpart C of this part, and specifically 
includes the battery, battery cables, alternator, fuses, and main body 
wiring harnesses of the motor vehicle and the ignition system, including 
the ignition switch and starter motor. The term also includes all 
associated switches, control units, connective elements (such as wiring 
harnesses, hoses, piping, etc.), and mounting elements (such as 
brackets, fasteners, etc.).
    Engine and engine cooling means the component (e.g., motor) of a 
motor vehicle providing motive power to the vehicle, and includes the 
exhaust system (including the exhaust emission system), the engine 
control unit, engine lubrication system, and the underhood cooling 
system for that engine. This term also includes all associated switches, 
control units, connective elements (such as wiring harnesses, hoses, 
piping, etc.), and mounting elements (such as brackets, fasteners, 
etc.).
    Equipment comprises original and replacement equipment: (1) Original 
equipment means an item of motor vehicle equipment (other than a tire) 
that was installed in or on a motor vehicle at the time of its delivery 
to the first purchaser if the item of equipment was installed on or in 
the motor vehicle at the time of its delivery to 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.
    Exterior lighting mean all the exterior lamps (including any 
interior-mounted center highmounted stop lamp if mounted in the interior 
of a vehicle), lenses, reflectors, and associated equipment of a motor 
vehicle, including all associated switches, control units, connective 
elements (such as wiring harnesses, piping, etc.), and mounting elements 
(such as brackets, fasteners, etc.).
    Field report means a communication in writing, including 
communications in electronic form, from an employee or representative of 
a manufacturer of motor vehicles or motor vehicle equipment, a dealer or 
authorized service facility of such manufacturer, or by an entity that 
owns or operates a fleet, to a manufacturer, regarding the failure, 
malfunction, lack of durability, or other performance problem of a motor 
vehicle or motor vehicle equipment, or any part thereof, produced for 
sale by that manufacturer, regardless of whether verified or assessed to 
be lacking in merit, but does not include a document contained in a 
litigation file that was created after the date of the filing of a civil 
complaint that relates to the specific vehicle, component, or system at 
issue in the litigation.
    Fire means combustion or burning of any material in a vehicle as 
evidenced by, but not limited to, flame, smoke, sparks, or smoldering.
    Fleet means more than ten motor vehicles of the same make, model, 
and model year.
    Fuel system means all components of a motor vehicle used to receive 
and store fuel, and to transfer fuel between the vehicle's fuel storage, 
engine, or fuel emission systems. This term includes, but is not limited 
to, the fuel tank and filler cap, neck, and pipe, along with associated 
piping, hoses, and clamps, the fuel pump, fuel lines, connectors from 
the fuel tank to the engine, the fuel injection/carburetion system 
(including fuel injector rails and injectors), and the fuel vapor 
recovery system(s), canister(s), and vent

[[Page 927]]

lines. The term also includes all associated switches, control units, 
connective elements (such as wiring harnesses, hoses, piping, etc.), and 
mounting elements (such as brackets, fasteners, etc.).
    Good will means the repair or replacement of a motor vehicle or item 
of motor vehicle equipment, including labor, paid for by the 
manufacturer, at least in part, when the repair or replacement is not 
covered under warranty, or under a safety recall reported to NHTSA under 
part 573 of this chapter.
    Incomplete light vehicle means an incomplete vehicle as defined in 
Sec. 568.3 of this chapter which, when completed, will be a light 
vehicle.
    Integrated child restraint system means a factory-installed built-in 
child restraint system as defined in S4 of Sec. 571.213 of this chapter 
and includes any factory-authorized built-in child restraint system.
    Latch means a latching, locking, or linking system of a motor 
vehicle and all its components fitted to a vehicle's exterior doors, 
rear hatch, liftgate, tailgate, trunk, or hood. This term also includes, 
but is not limited to, devices for the remote operation of a latching 
device such as remote release cables (and associated components), 
electric release devices, or wireless control release devices, and 
includes all components covered in FMVSS No. 206. This term also 
includes all associated switches, control units, connective elements 
(such as wiring harnesses, hoses, piping, etc.), and mounting elements 
(such as brackets, fasteners, etc.).
    Light vehicle means any motor vehicle, except a bus, motorcycle, or 
trailer, with a GVWR of 10,000 lbs or less.
    Make means a name that a manufacturer applies to a group of 
vehicles.
    Manufacturer means a person manufacturing or assembling motor 
vehicles or motor vehicle equipment, or importing motor vehicles or 
motor vehicle equipment for resale. This term includes any parent 
corporation, any subsidiary or affiliate, and any subsidiary or 
affiliate of a parent corporation of such a person.
    Medium-heavy vehicle means any motor vehicle, except a trailer, with 
a GVWR greater than 10,000 lbs.
    Minimal specificity means:
    (1) For a vehicle, the make, model, and model year,
    (2) For a child seat, the manufacturer and the model (either the 
model name or model number),
    (3) For a tire, the manufacturer, tire line, and tire size, and
    (4) For other motor vehicle equipment, the manufacturer and, if 
there is a model or family of models identified on the item of 
equipment, the model name or model number.
    Model means a name that a manufacturer of motor vehicles applies to 
a family of vehicles within a make which have a degree of commonality in 
construction, such as body, chassis or cab type. For equipment, it means 
the name that its manufacturer uses to designate it.
    Model year means the year that a manufacturer uses to designate a 
discrete model of vehicle, irrespective of the calendar year in which 
the vehicle was manufactured; if a year is not so designated, it means 
the year the vehicle was produced. For equipment, it means the year that 
the item was produced.
    Notice means a document, other than a media article, that does not 
include a demand for relief, and that a manufacturer receives from a 
person other than NHTSA.
    Parking brake means a mechanism installed in a motor vehicle which 
is designed to prevent the movement of a stationary motor vehicle, 
including all associated switches, control units, connective elements 
(such as wiring harnesses, hoses, piping, etc.), and mounting elements 
(such as brackets, fasteners, etc.).
    Platform means the basic structure of a vehicle including, but not 
limited to, the majority of the floorpan or undercarriage, and elements 
of the engine compartment. The term includes a structure that a 
manufacturer designates as a platform. A group of vehicles sharing a 
common structure or chassis shall be considered to have a common 
platform regardless of whether such vehicles are of the same type, are 
of the same make, or are sold by the same manufacturer.
    Power train means the components or systems of a motor vehicle which

[[Page 928]]

transfer motive power from the engine to the wheels, including the 
transmission (manual and automatic), gear selection devices and 
associated linkages, clutch, constant velocity joints, transfer case, 
driveline, differential(s), and all driven axle assemblies. This term 
includes all associated switches, control units, connective elements 
(such as wiring harnesses, hoses, piping, etc.), and mounting elements 
(such as brackets, fasteners, etc.).
    Property damage means physical injury to tangible property.
    Property damage claim means a claim for property damage, excluding 
that part of a claim, if any, pertaining solely to damage to a component 
or system of a vehicle or an item of equipment itself based on the 
alleged failure or malfunction of the component, system, or item, and 
further excluding matters addressed under warranty.
    Rear-facing infant seat means a child restraint system that 
positions a child to face in the direction opposite to the normal 
direction of travel of the motor vehicle.
    Reporting period means a calendar quarter of a year, unless 
otherwise stated.
    Rollover means a single-vehicle crash in which a motor vehicle 
rotates on its longitudinal axis to at least 90 degrees, regardless of 
whether it comes to rest on its wheels.
    Seats means all components of a motor vehicle that are subject to 
FMVSS Nos. 202, 207, and S9 of 209, including all electrical and 
electronic components within the seat that are related to seat 
positioning, heating, and cooling. This term also includes all 
associated switches, control units, connective elements (such as wiring 
harnesses, hoses, piping, etc.), and mounting elements (such as 
brackets, fasteners, etc.).
    Seat belts means any belt system, other than an air bag, that may or 
may not require the occupant to latch, fasten, or secure the components 
of the seat belt/webbing based restraint system to ready its use for 
protection of the occupant in the event of a vehicle crash. This term 
includes the webbing, buckle, anchorage, retractor, belt pretensioner 
devices, load limiters, and all components, hardware and software 
associated with an automatic or manual seat belt system addressed by 
FMVSS No. 209 or 210. This term also includes integrated child restraint 
systems in vehicles, and includes any device (and all components of that 
device), installed in a motor vehicle in accordance with FMVSS No. 213, 
which is designed for use as a safety restraint device for a child too 
small to use a vehicle's seat belts. This term includes all vehicle 
components installed in accordance with FMVSS No. 225. This term also 
includes all associated switches, control units, connective elements 
(such as wiring harnesses, hoses, piping, etc.), and mounting elements 
(such as brackets, fasteners, etc.).
    Seat shell means the portion of a child restraint system that 
provides the structural shape, form and support for the system, and for 
other components of the system such as belt attachment points, and 
anchorage points to allow the system to be secured to a passenger seat 
in a motor vehicle, but not including a shield.
    Service brake system means all components of the service braking 
system of a motor vehicle intended for the transfer of braking 
application force from the operator to the wheels of a vehicle, 
including the foundation braking system, such as the brake pedal, master 
cylinder, fluid lines and hoses, braking assist components, brake 
calipers, wheel cylinders, brake discs, brake drums, brake pads, brake 
shoes, and other related equipment installed in a motor vehicle in order 
to comply with FMVSS Nos. 105, 121, 122, or 135. This term also includes 
systems and devices for automatic control of the brake system such as 
antilock braking, traction control, stability control, and enhanced 
braking. The term includes all associated switches, control units, 
connective elements (such as wiring harnesses, hoses, piping, etc.), and 
mounting elements (such as brackets, fasteners, etc.).
    Sidewall means the area of a tire between the tread and the bead 
area, including the sidewall rubber components, the body ply and its 
coating rubber under the side area, and the inner-liner rubber under the 
body ply in the side area.

[[Page 929]]

    SKU (Stock Keeping Unit) means the alpha-numeric designation 
assigned by a manufacturer to a tire product.
    Steering system means all steering control system components, 
including the steering system mechanism and its associated hardware, the 
steering wheel, steering column, steering shaft, linkages, joints 
(including tie-rod ends), steering dampeners, and power steering assist 
systems. This term includes a steering control system as defined by 
FMVSS No. 203 and any subsystem or component of a steering control 
system, including those components defined in FMVSS No. 204. This term 
also includes all associated switches, control units, connective 
elements (such as wiring harnesses, hoses, piping, etc.), and mounting 
elements (such as brackets, fasteners, etc.).
    Structure means any part of a motor vehicle that serves to maintain 
the shape and size of the vehicle, including the frame, the floorpan, 
the body, bumpers, doors, tailgate, hatchback, trunk lid, hood, and 
roof. The term also includes all associated mounting elements (such as 
brackets, fasteners, etc.).
    Suspension system means all components and hardware associated with 
a motor vehicle suspension system, including the associated control 
arms, steering knuckles, spindles, joints, bushings, ball joints, 
springs, shock absorbers, stabilizer (anti sway) bars, and bearings that 
are designed to minimize the impact on the vehicle chassis of shocks 
from road surface irregularities that may be transmitted through the 
wheels, and to provide stability when the vehicle is being operated 
through a range of speed, load, and dynamic conditions. The term also 
includes all electronic control systems and mechanisms for active 
suspension control, as well as all associated components such as 
switches, control units, connective elements (such as wiring harnesses, 
hoses, piping, etc.), and mounting elements (such as brackets, 
fasteners, etc.).
    Tire means an item of motor vehicle equipment intended to interface 
between the road and a motor vehicle. The term includes all the tires of 
a vehicle, including the spare tire. This term also includes the tire 
inflation valves, tubes, and tire pressure monitoring and regulating 
systems, as well as all associated switches, control units, connective 
elements (such as wiring harnesses, hoses, piping, etc.), and mounting 
elements (such as brackets, fasteners, etc.).
    Tire line means the entire name used by a tire manufacturer to 
designate a tire product including all prefixes and suffixes as they 
appear on the sidewall of a tire.
    Trailer hitch means all coupling systems, devices, and components 
thereof, designed to join or connect any two motor vehicles. This term 
also includes all associated switches, control units, connective 
elements (such as wiring harnesses, hoses, piping, etc.), and mounting 
elements (such as brackets, fasteners, etc.).
    Tread (also known as crown) means all materials in the tread area of 
a tire including the rubber that makes up the tread, the sub-base 
rubber, when present, between the tread base and the top of the belts, 
the belt material, either steel and/or fabric, and the rubber coating of 
the same including any rubber inserts, the body ply and its coating 
rubber under the tread area of the tire, and the inner-liner rubber 
under the tread.
    Type means, in the context of a light vehicle, a vehicle certified 
by its manufacturer pursuant to Sec. 567.4(g)(7) of this chapter as a 
passenger car, multipurpose passenger vehicle, or truck, or a vehicle 
identified by its manufacturer as an incomplete vehicle pursuant to 
Sec. 568.4 of this chapter. In the context of a child restraint system, 
it means the category of child restraint system selected from one of the 
following: rear-facing infant seat, booster seat, or other.
    Vehicle speed control means the systems and components of a motor 
vehicle that control vehicle speed either by command of the operator or 
by automatic control, including, but not limited, to the accelerator 
pedal, linkages, cables, springs, speed control devices (such as cruise 
control) and speed limiting devices. This term includes, but is not 
limited to the items addressed by FMVSS No. 124 and all associated 
switches, control units, connective elements (such as wiring harnesses, 
hoses,

[[Page 930]]

piping, etc.), and mounting elements (such as brackets, fasteners, 
etc.).
    Visibility means the systems and components of a motor vehicle 
through which a driver views the surroundings of the vehicle including 
windshield, side windows, back window, and rear view mirrors, and 
systems and components used to wash and wipe windshields and back 
windows. This term includes those vehicular systems and components that 
can affect the ability of the driver to clearly see the roadway and 
surrounding area, such as the systems and components identified in FMVSS 
Nos. 103, 104, and 111. This term also includes the defogger/defroster 
system, the heater core, blower fan, windshield wiper systems, mirrors, 
windows and glazing material, heads-up display (HUD) systems, and 
exterior view-based television systems, but does not include exterior 
lighting systems which are defined under ``Lighting.'' This term 
includes all associated switches, control units, connective elements 
(such as wiring harnesses, hoses, piping, etc.), and mounting elements 
(such as brackets, fasteners, etc.).
    Warranty means any written affirmation of fact or written promise 
made in connection with the sale or lease of a motor vehicle or motor 
vehicle equipment by a manufacturer to a buyer or lessee that relates to 
the nature of the material or workmanship and affirms or promises that 
such material or workmanship is defect free or will meet a specified 
level of performance over a specified period of time (including any 
extensions of such specified period of time), or any undertaking in 
writing in connection with the sale or lease by a manufacturer of a 
motor vehicle or item of motor vehicle equipment to refund, repair, 
replace, or take other remedial action with respect to such product in 
the event that such product fails to meet the specifications set forth 
in the undertaking.
    Warranty adjustment means any payment or other restitution, such as, 
but not limited to, replacement, repair, credit, or cash refund, made by 
a tire manufacturer to a consumer or to a dealer, in reimbursement for 
payment or other restitution to a consumer, pursuant to a warranty 
program offered by the manufacturer.
    Warranty claim means any claim paid by a manufacturer, including 
provision of a credit, pursuant to a warranty program, an extended 
warranty program, or good will. It does not include claims for 
reimbursement for costs or expenses for work performed to remedy a 
safety-related defect or noncompliance reported to NHTSA under part 573 
of this chapter, or in connection with an emissions-related recall under 
the Clean Air Act.
    Wheel means the assembly or component of a motor vehicle to which a 
tire is mounted. The term includes any item of motor vehicle equipment 
used to attach the wheel to the vehicle, including inner cap nuts and 
the wheel studs, bolts, and nuts.
    (d) Terms related to foreign claims. For purposes of subpart C of 
this part:
    (1) A motor vehicle sold or in use outside the United States is 
identical or substantially similar to a motor vehicle sold or offered 
for sale in the United States if--
    (i) Such a vehicle has been sold in Canada or has been certified as 
complying with the Canadian Motor Vehicle Safety Standards;
    (ii) Such a vehicle is listed in the VSP or VSA columns of Appendix 
A to part 593 of this chapter;
    (iii) Such a vehicle is manufactured in the United States for sale 
in a foreign country; or
    (iv) Such a vehicle uses the same vehicle platform as a vehicle sold 
or offered for sale in the United States.
    (2) An item of motor vehicle equipment sold or in use outside the 
United States is identical or substantially similar to equipment sold or 
offered for sale in the United States if such equipment and the 
equipment sold or offered for sale in the United States have one or more 
components or systems that are the same, and the component or system 
performs the same function in vehicles or equipment sold or offered for 
sale in the United States, regardless of whether the part numbers are 
identical.
    (3) A tire sold or in use outside the United States is substantially 
similar to a tire sold or offered for sale in the United States if it 
has the same size,

[[Page 931]]

speed rating, load index, load range, number of plies and belts, and 
similar ply and belt construction and materials, placement of 
components, and component materials, irrespective of plant of 
manufacture or tire line.