A safety test mistake by Volkswagen has forced their dealers to provide old cars to new owners, thus creating a compliance anecdote

…dealers aren’t fixing the VW’s, since there isn’t actually anything to fix. And they aren’t giving affected Beetle owners safer cars that have been crash tested at a higher speed.

Customers will be given cars that were also tested at only 30 miles per hour. The difference: These cars were built before Sept. 1st, when a 30 mph test was OK.

The cars aren’t any different, but they’re “compliant” because the rules were different at the time they were assembled.

Speaking of the letter of regulations, the official release from the NHTSA has a start date but apparently no expiration date. What will owners be given if they show up after all the old models have been sold?

Report Date : January 30, 2011 at 04:00 AM
NHTSA Campaign ID number : 11V031000

Vehicle Make / Model: Model Year(s):
VOLKSWAGEN / NEW BEETLE 2010
VOLKSWAGEN / NEW BEETLE CONVERTIBLE 2010

Manufacturer: VOLKSWAGEN OF AMERICA, INC

Mfr’s Report Date: JAN 21, 2011
NHTSA CAMPAIGN ID Number: 11V031000
N/A
NHTSA Action Number: N/A
Component: SEATS
Potential Number of Units Affected: 27

Summary:
VOLKSWAGEN IS RECALLING CERTAIN MODEL YEAR 2010 NEW BEETLE AND NEW BEETLE CONVERTIBLE MANUFACTURED FROM SEPTEMBER 1, 2010, THROUGH SEPTEMBER 22, 2010, FOR FAILING TO COMPLY WITH THE BARRIER TEST REQUIREMENTS OF FEDERAL MOTOR VEHICLES SAFETY STANDARDS NO. 208, “OCCUPANT CRASH PROTECTION,” THAT WENT INTO EFFECT ON SEPTEMBER 1, 2010.

Consequence:
THE VEHICLES DO NOT MEET WITH REQUIREMENTS THAT WENT INTO EFFECT ON SEPTEMBER 1, 2010, AND THEREFORE MAY NOT OFFER THE PROTECTION ATTENDANT TO THOSE REQUIREMENTS.

Remedy:
DEALERS WILL OFFER TO REPLACE THEIR VEHICLE WITH A COMPARABLE VEHICLE THAT WAS PRODUCED PRIOR TO SEPTEMBER 1, 2010, COMPLIANT WITH FMVSS 208 REQUIREMENTS. THE SAFETY RECALL IS EXPECTED TO BEGIN ON OR BEFORE FEBRUARY 1, 2011. OWNERS MAY CONTACT VOLKSWAGEN AT 1-800-822-8987.

Notes:
OWNERS MAY ALSO CONTACT THE NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION’S VEHICLE SAFETY HOTLINE AT 1-888-327-4236 (TTY 1-800-424-9153), OR GO TO HTTP://WWW.SAFERCAR.GOV