In a decision handed down January 29, the National Highway Traffic Safety Administration (NHTSA) has denied the petition filed by Indian Motorcycle on behalf of Polaris for a finding of “inconsequential noncompliance” related to noncompliance with FMVSS 108 governing lamps, reflective devices, and associated equipment.
According to the NHTSA filing, Indian filed an original noncompliance report on April 13, 2022, and amended it on September 9, 2022. The report said Indian had identified a brake light problem related to its ABS module.
The problem is that the ABS module can cause the brake light to come on even when the brakes are not used. Examples include the bike hitting a bump, crossing railroad tracks, going over rumble strips, or when the wheel loses traction. According to Indian, the false brake light actuation only lasts a half-second before the system turns the brake light off. Indian’s petition stated no reported injuries or accidents related to the problem had occurred. The petition explained that the “noncompliance occurs due to an inadvertent software logic error.”
The petition included three examples of similar automotive noncompliance instances where NHTSA agreed with the manufacturer that the noncompliance was inconsequential concerning safety. In those instances, the required owner notification and corrective action remedies, such as possible recall and repair, were not imposed.
In this case of noncompliance, NHTSA did not approve Indian’s request for a finding of “inconsequential noncompliance.” The filing stated, “Polaris is consequently obligated to provide notification of and free remedy for that noncompliance under 49 U.S.C. 30118 and 30120.” If the filing is enforced, owners and Indian dealers will be notified of the problem, and there will be a recall for free repair.
Indian had identified 12,619 motorcycles manufactured between July 10, 2018, and April 1, 2022, as involved:
