Interpretation ID: 2897yy
Vice President, Engineering
Miller Trailers, Inc.
P. O. Box 511
Bradenton, Florida 34206
Dear Mr. Anderson:
This responds to your request for an interpretation of 49 CFR Part 565, Vehicle Identification Number - Content Requirements. More specifically, you asked whether a world manufacturer identifier (WMI) that was assigned to one manufacturer may continue to be used by a different manufacturer when it purchases the assets of the manufacturer to which the WMI was assigned. As explained below, the answer to your question is no.
Your letter set forth the following information. Miller Trailer, Inc. (Miller) is a trailer manufacturer that has been assigned a unique WMI, in accordance with 49 CFR 565.5(c). Oshkosh Truck Corporation (Oshkosh) is a manufacturer of primarily trucks and some specialized trailers. Oshkosh has also been assigned a unique WMI in accordance with 49 CFR 565.5(c). Oshkosh is purchasing Miller. Your question is whether Oshkosh can continue to use Miller's WMI to identify trailers Oshkosh produces at the facilities that were formerly used by Miller.
To answer this question, we must apply the regulatory provision of 49 CFR 565.4(a). That section provides that the WMI "shall uniquely identify the manufacturer, make and type of the motor vehicle if the manufacturer produces 500 or more motor vehicles of its type annually." NHTSA has previously interpreted the requirement that the WMI "uniquely identify the manufacturer" as precluding the use of a WMI assigned to one manufacturer by any other manufacturer. For your information, I have enclosed a December 24, 1984 letter to Mr. Richard Bond, in which the agency explained that a newly-formed, wholly-owned subsidiary could not use the parent corporation's WMI to identify trailers formerly manufactured by the parent corporation.
With respect to your situation, this regulatory requirement means that the VIN assigned to each trailer manufactured by Oshkosh must identify Oshkosh as the manufacturer. This identification will facilitate the quick and accurate identification of the actual vehicle manufacturer in the event there is a need to do so.
Please note also that Oshkosh, upon manufacturing trailers that formerly were manufactured by Miller, has a responsibility to report any new types of motor vehicles that it produces. 49 CFR Part 566 requires manufacturers that have previously submitted identification information to keep their entries current by submitting revised information not later than 30 days after the relevant changes occur. A copy of this part is also enclosed for your information.
I hope this information is helpful. If you have any further questions on this subject, please contact Dorothy Nakama of my staff at this address or at (202) 366-2992.
Sincerely,
Paul Jackson Rice Chief Counsel
Enclosures
ref: Part 565 d:3/l9/9l