NHTSA Complaint #10314063 — 2004 MAZDA RX-8

DEFECTIVE TAIL LIGHT ASSEMBLY;ALLOWS WATER/RAIN TO ENTER ASSEMBLY SECONDARY TO DEFECTIVE TAIL LIGHT GASKET WHICH DEGRADES WITH AGE. 2004 MAZDA RX-8. CONSUMER OBSERVED TAIL LIGHT ASSEMBLY RETAINING WATER AFTER A RAIN EVENT. CONSUMER RESEARCHED ONLINE AND FOUND THAT MAZDA ISSUED A "SERVICE RECALL" TO REPLACE THE DEFECTIVE GASKET IN THE TAIL LIGHT ASSEMBLIES. CONSUMER DID NOT RECEIVE RECALL NOTICE BECAUSE, ACCORDING TO THE DEALER, MY WARRANTY HAD EXPIRED AND THE RECALL WAS NOT A SAFETY ISSUE. MY QUESTION TO YOU, NHTSA, IS WHY, WHEN A SERVICE RECALL INDICATES THAT WATER IN THE TAIL LIGHT COULD RESULT A SHORT, OR, THE TAIL LIGHTS NO LONGER WORKING, IS THIS A SERVICE RECALL AND NOT A "SAFETY RECALL?" IT SEEMS TO ME THAT IF I WERE ON A CROSS-COUNTRY TRIP AND AT 2AM, ENCOUNTERED A SEVRE WINTER THUNDER STORM - RAIN AND SLEET - AND MY TAIL LIGHTS ACCUMULATED WATER, AND SHORTED OUT, THAT THIS IS NOT, ACCORDING TO YOUR AGENCY, A SAFETY ISSUE, BUT A SERVICE RECALL, WHICH IS NOT VALID UNLESS THE VEHICLE IS UNDER WARRANTY. SINCE THE PROBLEM IS A DEFECTIVE GASKET - WHICH DEGRADES OVER-TIME, AND WHEN IT FAILS, RESULTS IN THE FAILURE OF THE TAIL LIGHTS TO ILLUMINATE, IS NOT CLASSIFIED AS SAFETY ISSUE BY YOUR DEPARTMENT; I RESPECTFULLY REQUEST THAT YOU PROVIDE ME WITH THE DOCUMENTATION (AUTHORITY) THAT PERMITS AN AUTOMOBILE MANUFACTURER TO CLASSIFY THE POSSIBILE FAILURE OF THE VEHICLES TAIL LIGHTS AS A "SERVICE RECALL," AND NOT A SAFETY (ISSUE) RECALL. I WOULD APPRECIATE IF YOU WOULD FORWARD MY (THIS) INQUIRY TO MR. LAHOOD'S OFFICE BECAUSE HE RECENTLY IDICATED BEFOR A CONGRESSIONAL THAT HE TAKES, AND CONSIDERS EVERY INQUIRY TO HIS DEPARTMENT SERIOUSLY.