[Code of Federal Regulations]
[Title 49, Volume 5]
[Revised as of October 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR577.11]

[Page 1012-1013]
 
                        TITLE 49--TRANSPORTATION
 
                   CHAPTER V--NATIONAL HIGHWAY TRAFFIC
                    SAFETY ADMINISTRATION, DEPARTMENT
                            OF TRANSPORTATION
 
PART 577_DEFECT AND NONCOMPLIANCE NOTIFICATION--Table of Contents
 
Sec. 577.11  Reimbursement notification.

    (a) Except as otherwise provided in paragraph (e) of this section, 
when a manufacturer of motor vehicles or replacement equipment is 
required to provide notice in accordance with Sec. Sec. 577.5 or 577.6, 
in addition to complying with other sections of this part, the 
manufacturer shall notify owners that they may be eligible to receive 
reimbursement for the cost of obtaining a pre-notification remedy of a 
problem associated with a defect or noncompliance consistent with the 
manufacturer's reimbursement plan submitted to NHTSA pursuant to 
Sec. Sec. 573.6(c)(8)(i) and 573.13 of this chapter.
    (b) The manufacturer's notification shall include a statement, 
following the items required by Sec. 577.5 or Sec. 577.6, that
    (1) Refers to the possible eligibility for reimbursement for the 
cost of repair or replacement; and
    (2) Describes how a consumer may obtain information about 
reimbursement from the manufacturer;
    (c) The information referred to in Sec. 577.11(b)(2) of this part 
shall be provided in one of the following ways:
    (1) In an enclosure to the notification under Sec. 577.5 or Sec. 
577.6 that provides the information described in Sec. 577.11(d),

[[Page 1013]]

consistent with the manufacturer's reimbursement plan; or
    (2) Through a toll-free telephone number (with TTY capability) 
identified in the notification that provides the information described 
in Sec. 577.11(d), consistent with the manufacturer's reimbursement 
plan.
    (3) For notifications of defects or noncompliances in item of motor 
vehicle equipment that are in a form other than a letter to a specific 
owner or purchaser, if the manufacturer does not otherwise maintain a 
toll-free telephone number for the use of consumers, the manufacturer 
may refer claimants to a non-toll-free telephone number (with TTY 
capability) if it also specifies a mailing address at which owners can 
obtain the relevant information regarding the manufacturer's 
reimbursement plan.
    (d) The information to be provided under paragraph (c) of this 
section must:
    (1) Identify the vehicle and/or equipment that is the subject of the 
recall and the underlying problem;
    (2) State that the manufacturer has a program for reimbursing pre-
notification remedies and identify the type of remedy eligible for 
reimbursement;
    (3) Identify any limits on the time period in which the repair or 
replacement of the recalled vehicle or equipment must have occurred;
    (4) Identify any restrictions on eligibility for reimbursement that 
the manufacturer is imposing (as limited by Sec. 573.13 (d) of this 
chapter);
    (5) Specify all necessary documentation that must be submitted to 
obtain reimbursement;
    (6) Explain how to submit a claim for reimbursement of a pre-
notification remedy; and
    (7) Identify the office and address of the manufacturer where a 
claim can be submitted by mail and any authorized dealers or facilities 
where a claimant may submit a claim for reimbursement.
    (e) The manufacturer is not required to provide notification 
regarding reimbursement under this section if NHTSA finds, based upon a 
written request by a manufacturer accompanied by supporting information, 
views, and arguments, that all covered vehicles are under warranty or 
that no person would be eligible for reimbursement under Sec. 573.13 of 
this chapter.

[67 FR 64065, Oct. 17, 2002]