| Subject: Safety Act Violations |
Summary: In a consent order executed on august 28, 2015, triumph motorcycles (america) ltd., and its parent company, triumph motorcycles ltd., (collectively, "triumph") admitted that triumph violated the safety act by failing to file certain quarterly reports on safety recalls in a timely manner; failing to furnish nhtsa with copies of notices, service bulletins, and other communications sent to more than one manufacturer, distributor, dealer, lessor, lessee, owner, or purchaser; failing to submit accurate early warning reports; and that it failed to respond to nhtsa's april 29, 2015 special order by the deadline.it also admitted that it violated the safety act to the extent that it failed to submit the required part 573 report to nhtsa within five working days after it determined that a safety-related defect existed in vehicles and to the extent that it failed to submit a copy of its proposed owner notification letters.as part of the consent order, triumph agreed to a total civil penalty of $2,900,000 for its violations of the safety act.the penalty consists of a cash payment of $1,400,000; stipulated deferred penalties of $1,000,000, and a commitment to spend at least $500,000 to ensure satisfactory completion of performance obligations.the performance obligations in the consent order include submission of reports to nhtsa, retention of an independent third party consultant, creation of best practices, employee training, and auditing of all aspects of triumph's safety act reporting and defects notification.based on the consent order, triumph's admissions that it violated the law, and its ongoing performance obligations, this audit query, aq15-001, is closed.closure of this aq has no bearing on the terms of the consent order, including triumph's ongoing performance obligations or legal obligations, and does not represent a determination by the agency as to triumph's performance under the consent order to date.
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