Interpretation ID: 3005yy
Sr. Safety Engineer
Oshkosh Truck Corporation
Chassis Division
P. O. Box 2508
2201 Oregon St.
Oshkosh, Wisconsin 54903-2508
Dear Mr. Calow:
This responds to your letter concerning the responsibilities of an incomplete vehicle manufacturer under Federal Motor Vehicle Safety Standard No. 115, Vehicle Identification Number--Basic Requirements. In your letter, you explained that Oshkosh provides chassis to final stage manufacturers. You stated that the final stage manufacturers are requesting that Oshkosh provide a duplicate VIN tag with the incomplete vehicle. The additional VIN tag would be affixed by the final stage maufacturer, so that it is readable through the vehicle glazing. You noted that there is a possibility that the final stage manufacturer might place the incorrect VIN tag under the vehicle glazing, and that Oshkosh would have no control of the final stage manufacturer correctly identifying the vehicle. You then asked two questions, which are addressed below.
Your first question asked whether it is legal for an incomplete vehicle manufacturer to supply the final stage manufacturer with an additional "loose" VIN tag. The answer to this question is yes. No provision in Standard No. 115 prohibits the incomplete vehicle manufacturer from providing an extra VIN tag which the final stage manufacturer may affix so that it is visible through the vehicle glazing.
Your second question asked about the legal responsibilities of the incomplete vehicle manufacturer if an incorrect VIN tag is affixed to the vehicle by the final stage manufacturer. Except in the situation where an incomplete vehicle manufacturer assumes legal responsibility for all duties and liabilities imposed on manufacturers by the Safety Act (see 49 CFR Part 568.7), which we assume does not apply in your case, an incomplete vehicle manufacturer is not responsible under the Safety Act for the actions of a final stage manufacturer.
I hope this satisfactorily responds to your concerns. If there are any further questions, please write to me or contact Dorothy Nakama of my staff at (202) 366-2992.
Sincerely,
Paul Jackson Rice Chief Counsel
/ref:115#567#568 d:5/20/9l