Pub. 4 Issue 1

 ROCKY RECALL — continued from page 19 the phones never seemed to be answered (at least when we tried calling). Non-franchised dealers could call the local franchised dealership, but would be uncertain as to whether they were given the correct answer. In an effort to resolve such difficulties, the 2012 federal highway bill included language requiring NHTSA to make recall information available to the public online, searchable by VIN, including information about unremedied recalls on that vehicle. NHTSA’s regulations, which took effect in 2014 required large automakers (with annual US sales of at least 25,000 vehicles) to make VIN-specific recall information on used vehicles available to non-brand dealers and the public via their websites, free of charge. The regulations require the manufacturer to update their databases at least weekly. Concurrently, NHSTA launched its own publically-accessible, VIN-searchable portal on its website at https://vinrcl.safercar. gov/vin/. NHTSA’s portal allows consumers and dealers to enter any VIN, and the results will be retrieved from the appropriate automaker’s database. Since each covered manufacturer’s recall information is now accessible through NHTSA’s portal, this is the best source for recall information gathering. To gather such information, a dealer merely needs to enter the complete VIN for the vehicle in the appropriate field. The main portal screen is shown below. When the system is operating properly (it can be spotty), as long as a complete and correct VIN is entered, four potential results may appear (screenshot examples appear on subsequent pages): 1. No Outstanding Recall Applies (Example 1): If a vehicle is either not subject to any outstanding recall, or an existing recall has been remedied, the result of the VIN search result will state “Number of Open Recalls: 0.” This is the best possible result—it means that the vehicle is not currently subject to an unresolved recall. If checking the database at intake, the dealer should check the VIN once again prior to sale in case a recall had been issued in the interim period. 2. Recall Incomplete (Example 2): This result will appear if a vehicle is subject to a recall that has not yet been repaired, and for which a remedy is available through the manufacturer’s franchised dealers. The search result will provide a summary of the recall campaign, the safety risk, the recall status, and additional notes described by the manufacturer. When this result appears, the dealer must take into account that, in addition to standard reconditioning, additional work will be required through a franchised dealer to eliminate this status. While the recall repair will be performed without cost, it may take time to schedule—and that’s assuming parts shortages do not cause further delays. While the retail sale of a vehicle in this status is not unlawful in and of itself, dealers should take into account the extent and severity of the manufacturer’s safety risk description in deciding whether they want to acquire the vehicle or offer the vehicle for sale at retail. 3. Recall Incomplete: Remedy Not Yet Available (Example 3): This result will appear if a vehicle has been recalled but the manufacturer has either not yet identified a remedy, or parts necessary for the remedy are not yet available to dealers. The search result will describe the recall campaign, the safety risk, the recall status, and additional notes described by the manufacturer. This search result provides the most uncertainty for a dealer— both as to the timing of an available remedy, as well as the extent of required repairs. In deciding whether to acquire such a vehicle, the dealer may want to check the general NHTSA search website at www-odi.nhtsa.dot.gov/owners/ SearchSafetyIssues. There, the dealer can enter the year, make, and model of the vehicle and have access to the actual formal recall documents from the automaker and NHTSA. Some of those document 20 www.glancda.org