2003 Yamaha Midnight Star

THIS COMPLAINT RELATES TO YAMAHA'S FAILURE TO PERFORM RECALL REPAIRS TO A 2003 YAMAHA MIDNIGHT STAR (MOTORCYCLE) (SUBJECT TO A RECALL IDENTIFIED BY NHTSA CAMPAIGN ID NO. 03V309000) WITHIN A REASONABLE TIME AFTER DELIVERY OF THE VEHICLE FOR THOSE REPAIRS. THE RECALL WAS INITIATED ON AUGUST 22, 2003 FOR A RECALL INVOLVING THE VERY REAL RISK OF DEATH OR SERIOUS BODILY INJURY, YET WRITTEN NOTICE WAS NOT SENT OUT UNTIL MID-JANUARY, 2004. EVEN AFTER NOTICE WAS SENT OUT, HOWEVER, YAMAHA HAS NOT TAKEN SERIOUSLY THE REQUIRED RECALL. DESPITE IMMEDIATE DELIVERY OF THE MOTORCYCLE TO A YAMAHA-AUTHORIZED SERVICE CENTER PURSUANT TO THE INSTRUCTIONS IN THE NOTICE OF RECALL, NO REPAIRS HAVE BEEN MADE, AND THERE IS NO PREDICTION AS TO WHEN THEY WILL BE MADE. IN PARTICULAR, MY MOTORCYCLE WAS DELIVERED TO A YAMAHA-AUTHORIZED SERVICE CENTER OVER A MONTH AGO, YET THE REPAIRS HAVE NOT EVEN BEEN STARTED. THIS DOES NOT APPEAR TO BE A PROBLEM CAUSED BY THE DEALER, BUT INSTEAD BY YAMAHA'S FALURE TO MAKE RECALL REPAIR PARTS AVAILABLE. I HAVE BEEN INFORMED THAT THE PARTS MAY NOT BE AVAILABLE UNTIL AS LATE AS JULY 2004. THAT IS SIMPLY AN UNACCEPTABLE, AND WHOLLY UNREASONABLE, DELAY IN THE PROVISION OF PARTS TO RESOLVE A PROBLEM WHICH YAMAHA ITSELF ADMITS MAY CAUSE DEATH OR SERIOUS BODILY INJURY. I AM CERTAIN THAT NHTSA WILL NOT LONG STAND FOR SUCH DELAYS IN SUCH AN IMPORTANT, AND POTENTIALLY DEADLY, RECALL.*AK

INABILITY OF MANUFACTURER TO RESPOND TO NHTSA MANDATED RECALL OF 2003 YAMAHA MIDNIGHT STAR MOTORCYCLE IN A REASONABLE PERIOD OF TIME. RECALL LETTER ISSUED BY YAMAHA CORPORATION ON JANUARY 9, 2004 FOR RECALL OF 2003 YAMAHA MIDNIGHT STAR MOTORCYCLE DUE TO FAULTY TRANSMISSION RETAINING CLIP WHICH COULD RESULT IN TRANSMISSION AND REAR WHEEL LOCKUP WHICH "COULD RESULT IN LOSS OF CONTROL AND A CRASH". ADVISED IN RECALL LETTER TO "NOT RIDE YOUR MOTORCYCLE UNTIL THIS MODIFICATION IS PERFORMED." TO DATE THE DEALERSHIP HAS NOT BEEN PROVIDED WITH PARTS FOR REPAIR, AND IS UNSURE OF DATE ON WHICH PARTS WILL BE AVAILABLE. THIS IS A NATIONWIDE PROBLEM. SOME DEALERSHIP ARE ADVISING THAT REPAIRS MAY NOT BE POSSIBLE UNTIL JUNE OR JULY OR 2004. I HAVE BEEN ADVISED THAT REPAIR MAY NOT BE UNTIL MID-MARCH, BUT THEY ARE SPECULATING DUE TO INABILITY OF YAMAHA CORPORATION TO PROPERLY ADDRESS THE WIDESPREAD RECALL ISSUE. SOME DEALERS WHO HAVE RECEIVED A FEW OF THE RECALL KITS REPORT THAT THE KITS HAD TO BE RETURNED BECAUSE THEY CONTAINED THE INCORRECT PARTS. YAMAHA CORPORATION NOT FIELDING CALLS FROM CONSUMERS REGARDING THIS ISSUE AND EVASIVE ON ANSWERS WHEN THEY ARE CONTACTED. MOTORCYCLE HAS BEEN UNUSABLE SINCE RECEIPT OF RECALL LETTER (12 JANUARY) TO DATE (16 FEBRUARY). IN EXCESS OF 30 DAYS WITH NO RESOLUTION IN SITE. *AK I CONTINUE TO MAKE PAYMENTS ON THIS BIKE WHILE I CANNOT OPERATE IT ON THE ADVICE OF YAMAHA CORPORATION. YAMAHA NOT ADDRESSING THE PROBLEM IN AN ORDERLY. AM RESEARCHING IN NM LEMON LAW AND POSSIBLE LITIGATION AGAINST YAMAHA CORPORATION IF CONSUMER COMMUNICATIONS DOES NOT IMPROVE. REQUEST YOUR INVESTIGATION. THIS INVOLVES BETWEEN 17,000 AND 38,000 CONSUMERS.

THE CONSUMER CONTACTED THE DEALER ABOUT RECALL 03V309000 SUBJECT: REAR WHEEL LOCK UP, BUT WAS TOLD THAT THE PARTS WERE NOT AVAILABLE. THE DEALER ALSO INFORMED THE CONSUMER THAT THE SHOWROOM MOTOR CYCLES WOULD BE FIXED BEFORE ANY OTHER MOTOR CYCLES. THE CONSUMER CONTACTED THE MANUFACTURER WHO INDICATED THAT THE PART WOULD BECOME AVAILABLE IN ONE TO THREE MONTHS. *NM

THIS COMPLAINT INVOLVES THE RECALL OF THE ROAD STAR MOTORCYCLE FOR A DEFECT IN THE TRANSMISSION. ACCORDING TO THE OFFICE OF DEFECTS INVESTIGATION, THE RECALL DATE WAS AUG 22, 2003. THE LETTER RECEIVED ADVISING OF THE RECALL WAS DATED JAN 9, 2004, WITH THE INSTRUCTION THAT THE MC WAS DANGEROUS TO DRIVE AND SHOULD NOT BE DRIVEN. WHEN CALLED, NO PARTS ARE AVAILABLE AND REPAIR COULD BE UP TO 3 MONTHS, DEPRIVING RIDERS FROM SOURCE OF TRANSPORTATION. DID THEY LEAVE US IN DANGER FROM AUGUST TO MID JANUARY? ALSO, WHY DID THEY NOT OBTAIN SUFFICIENT PARTS TO REPAIR DURING THAT TIME?*AK