MTA Queensland is regularly reminding our members of their responsibilities under the ACCC guidelines regarding the Takata recall.

The ACCC guidelines are what we are recommending our members use for the content of their communications.

The ACCC link below and flyer attached is the best source of wording for the written notification.

Used Car Dealers cannot sell a vehicle that is subject to an active recall until the airbag is replaced. Dealers can sell a vehicle that is subject to a future recall but you must notify the customer verbally and in writing including an acknowledgement.

You can use the information in the link to develop your own letter by adding the customer’s details, the vehicles details and a signature and date acknowledgement at the bottom.  For example, for secondhand vehicles that are less than six years post-manufacture, you must ensure that the consumer is notified orally and in writing that:

– the vehicle has a faulty Takata airbag inflator which, depending on its age and other factors, will pose a risk of serious injury or death in the future

– the inflator will require replacement, and to avoid the risk of injury or death, it is critical that the inflator be replaced as soon as possible after recall action is initiated by the vehicle manufacturer, because as it gets older, a combination of high temperatures and humidity can affect it and, if the vehicle is involved in a collision, the airbag can go off with too much explosive force causing sharp metal fragments to shoot out and kill or seriously injure people in the vehicle

– the vehicle manufacturer will initiate recall of the inflator at the time specified in the Recall Initiation Schedule which is (or will be, as applicable) on the vehicle manufacturer’s website

–  the vehicle manufacturer will arrange for replacement of the inflator by making direct contact with the purchaser when recall action is initiated, if the purchaser’s contact details are known by the vehicle manufacturer, and

–  further information is available on the vehicle manufacturer’s website, and the purchaser can also contact the vehicle manufacturer for further information.

Link to more information on details you must advise the customer, is in the document attached and this link.

Download the Takata Recall Notice here

5 Mar 2019