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U.S. Rpod Owners 2009-2010 models: PLEASE READ
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gmandual View Drop Down
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Posts: 246 		Post Options Post Options   Quote gmandual Quote  Post ReplyReply Direct Link To This Post Topic: U.S. Rpod Owners 2009-2010 models: PLEASE READ
    Posted: 17 Sep 2011 at 12:05am

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Direct link to add your comments:  http://www.regulations.gov/#!submitComment;D=NHTSA-2011-0040-0001

(added by techntrek)

*************************************************

So it appears that forest river believes that they shouldn't have to notify owners of 2009-2010 R-Pod's that their trailers don't have proper lighting on the R-POD's as the "noncompliance is inconsequential to motor vehicle safety".


They are trying to get out of having to fix everyone's R-Pod with the reasoning being that noncompliance doesn't effect the safety of 2009-2010 R-Pod's, and that it will cost them money to fix.     They are petitioning the NHTSA to exempt them from having a recall as they don't think owners should be notified of the trailers lighting problems or have to have them fixed.
They believe that:
"......Forest River believes that the described FMVSS No. 108 noncompliance is inconsequential to motor vehicle safety, and that its petition, to exempt it from providing recall notification of noncompliance as required by 49 U.S.C. 30118 and remedying the recall noncompliance as required by 49 U.S.C. 30120, should be granted."

I urge anyone who is concerned about the safety of their 2009-2010 R-Pod to file their argument against Forest Rivers petition with the NHTSA prior to the September 28th, 2011 deadline.    Details on how to do so are on the page below, search page for "Interested Persons". Sorry for short notice, just got the link to the information today:

(HTML VERSION)
http://www.federalregisterwatch.com/inf2/111108/forest-river-inc-receipt-petition-decision-inconsequential-noncompliance.htm

(TEXT & PDF VERSIONS)
http://www.gpo.gov/fdsys/search/pagedetails.action?granuleId=2011-21953&packageId=FR-2011-08-29&acCode=FR

-------------------------------------------------
Am posting this here, as I know not everyone here is also on the other R-Pod forum.    Main thread on the ongoing saga of Forest River not knowing how to use a measuring tape is over on other forum. 
http://www.rpodnation.com/forum_posts.asp?TID=2395&PID=31172&title=rpod-recall-for-canada-insufficient-lighting#31172
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rpodcamper.com View Drop Down
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Posts: 3990 		Post Options Post Options   Quote rpodcamper.com Quote  Post ReplyReply Direct Link To This Post Posted: 17 Sep 2011 at 12:49am
Thank you i will be putting together comments and sending it in. Seems like some dirty pool being played by forest river. They had no problems takinf my money now they do not want to fix something they should have done in the first place.
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gmandual View Drop Down
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Posts: 246 		Post Options Post Options   Quote gmandual Quote  Post ReplyReply Direct Link To This Post Posted: 17 Sep 2011 at 12:38pm
Oh, it appears this might apply to some 2011's as well.   If you trailer came with the three lights above accross rear top of trailer, but not ights on fenders, then this would also apply to you.
 
Applies to all R-Pod's manufacturered between:  October 27, 2008 through November 30, 2010
 
Also to save some other people some reading.  I was able to get forest river to install the Canadian recall kit on my trailer last month at no charge even though I am in the U.S.   Which actually makes my 2010 legal now in the U.S. now.   I had to go through the NHTSA case handler to get it done, but it is possible that if you contact your dealer about getting the canadian recall kit installed the FR might (for the moment) step up and pay to have kit installed.    If their petition passes through NHTSA on or after the 28th, that might change.
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secretbard View Drop Down
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Posts: 195 		Post Options Post Options   Quote secretbard Quote  Post ReplyReply Direct Link To This Post Posted: 17 Sep 2011 at 3:24pm
What exactly is the non-compliance issue?  Your post doesn't mention what lighting on the R-pod is non-compliant.  If I'm reading it correctly, then all the Pods should have a light bar on the rear top above the window?  If that is the case, there are going to be a ton of Pods out there that are non-compliant.  I thought this was just a Canadian issue.  
2010 Rpod 172   :)
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gmandual View Drop Down
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Posts: 246 		Post Options Post Options   Quote gmandual Quote  Post ReplyReply Direct Link To This Post Posted: 17 Sep 2011 at 3:44pm
It never was just a Canadian issue.   The vehicle safety code for illuminations of vehicles in the same in Canada and the U.S.  (they did it jointly)    Its just that Canada acted faster and forced the recall first.    Problem was actually filed with NHTSA in the U.S. before it was in Canada.  
 
In 2010 I filed a complaint with NHTSA after legal issues in my state with my trailer and FR not doing anything about it.   In December 2010 NHTSA found that trailers made with in the period didn't have proper 3 indicator lights and proper lights on front and rear of fenders which is required due to width of the trailer.  (FR didn't seem axle width counted in trailer width)  Its been going back and forth with FR and NHTSA as FR doesn't want to pay to have to have it fixed.    In the filing I linked above with NHTSA is where  FR is trying to get out of having to notify users of the problem, avoid a recall, and not have to fix the problem, they state there are approximately 2,741 trailers they don't want to have to fix.
 
Regardless, by Law they will have to fix any that are still in dealer inventory as dealers won't be able to legally sell the trailers without the lights, but FR is trying to get out of having to do anything about any of the trailers that have already been sold.
 
Starting mid throught the 2011 model production run they started putting the correct lights on the trailers as they didn't want to have to later go back and fix those to.  So the current year models and most of the 2011 should already have the lights.
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secretbard View Drop Down
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Posts: 195 		Post Options Post Options   Quote secretbard Quote  Post ReplyReply Direct Link To This Post Posted: 17 Sep 2011 at 4:05pm
Thanks for the information.  I'll be keeping an eye on this since my Pod is non-compliant.  Hopefully they will eventually correct the problem for the sake of safety of the Podders and others on the road.  
2010 Rpod 172   :)
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psaman View Drop Down
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Posts: 231 		Post Options Post Options   Quote psaman Quote  Post ReplyReply Direct Link To This Post Posted: 17 Sep 2011 at 6:50pm
Originally posted by gmandual

So it appears that forest river believes that they shouldn't have to notify owners of 2009-2010 R-Pod's that their trailers don't have proper lighting on the R-POD's as the "noncompliance is inconsequential to motor vehicle safety".

They are trying to get out of having to fix everyone's R-Pod with the reasoning being that noncompliance doesn't effect the safety of 2009-2010 R-Pod's, and that it will cost them money to fix.     They are petitioning the NHTSA to exempt them from having a recall as they don't think owners should be notified of the trailers lighting problems or have to have them fixed.
They believe that:
"......Forest River believes that the described FMVSS No. 108 noncompliance is inconsequential to motor vehicle safety, and that its petition, to exempt it from providing recall notification of noncompliance as required by 49 U.S.C. 30118 and remedying the recall noncompliance as required by 49 U.S.C. 30120, should be granted."

I urge anyone who is concerned about the safety of their 2009-2010 R-Pod to file their argument against Forest Rivers petition with the NHTSA prior to the September 28th, 2011 deadline.    Details on how to do so are on the page below, search page for "Interested Persons". Sorry for short notice, just got the link to the information today:

(HTML VERSION)
http://www.federalregisterwatch.com/inf2/111108/forest-river-inc-receipt-petition-decision-inconsequential-noncompliance.htm

(TEXT & PDF VERSIONS)
http://www.gpo.gov/fdsys/search/pagedetails.action?granuleId=2011-21953&packageId=FR-2011-08-29&acCode=FR

-------------------------------------------------
Am posting this here, as I know not everyone here is also on the other R-Pod forum.    Main thread on the ongoing saga of Forest River not knowing how to use a measuring tape is over on other forum. 
http://www.rpodnation.com/forum_posts.asp?TID=2395&PID=31172&title=rpod-recall-for-canada-insufficient-lighting#31172


 
 
 
I just filed my comments at www.regulations.gov.  Searched for NHTSA-2011-0040; Notice 1 and clicked on comments.
2011 R-177 "Sponge-Pod"
2011 F-150 XLT "Texas Edition"
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TerryM View Drop Down
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Posts: 1950 		Post Options Post Options   Quote TerryM Quote  Post ReplyReply Direct Link To This Post Posted: 18 Sep 2011 at 8:01am
I added my comment!Angry

Terry
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Saint Augustine, FL: The first permanent European settlement in the USA: 1565
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GrandPod View Drop Down
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Posts: 50 		Post Options Post Options   Quote GrandPod Quote  Post ReplyReply Direct Link To This Post Posted: 18 Sep 2011 at 9:28am
 I added my comments last night.
 Tom
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Tidalwave4455 View Drop Down
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Posts: 57 		Post Options Post Options   Quote Tidalwave4455 Quote  Post ReplyReply Direct Link To This Post Posted: 18 Sep 2011 at 12:46pm
Thank you GMANDUAL for informing the R-Pod community concerning Forest River's attempt to get out of following US-Canadian safety rules. Especially on the short time left for owner comments to the NHTSA.  (I did send in my comments).
Please keep us apprised on the situation as it unfolds.
Thank you again.
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