Interpretation ID: aiam4256
Manager
Engineering
Isuzu Motors America
Inc.
21415 Civic Center Drive
Southfield
MI 48076- 3969;
Dear Mr. Tokunaga: This responds to your letter seeking an interpretation of Part 541 *Federal Motor Vehicle Theft Prevention Standard*. Specifically, you indicated that you would like to mark the engines and transmissions of your high theft car lines by affixing metal plates with the vehicle identification number (VIN) inscribed thereon to the engines and transmissions. I will answer your questions in the order they were set forth in your letter.; 1. The VIN's are inscribed directly on parts in Isuzu's curren production. You do not think that a change from direct inscription to VIN plate affixation constitutes a violation of Part 541. Is this correct?; Yes. Section 541.5(d) specifies that required markings must 'be affixe by means that comply with paragraph (d)(1) of this section *or* inscribed by means that comply with paragraph (d)(2) of this section.' Manufacturers are free to choose whether to affix or inscribe the required markings, and are free to change that choice at any time. The only limitation set by Part 541 on this choice is that the markings that appear on the parts must comply with the requirements of either S541.5(d)(1) or (d)(2).; 2. May the 17- digit VIN be expressed in two lines, for example nin digits on the top line and eight on the bottom line?; Yes. In a June 9, 1986 to Messrs. Waimey and Hansell, I addressed thi topic as follows:; >>>In the agency's view, S541.5(b)(1) requires that the ful 17-character VIN be marked in such a way that police can easily determine what VIN is marked on the part, and then check to see if that part is stolen. If a VIN is divided into segments, the proper sequence of those segments must be readily determinable. If the VIN were placed on two lines, beginning on the first line with the remainder of the VIN directly below the first line, as suggested in your letter, we do not believe it would be confusing or difficult for law enforcement officers to easily read the marking in the correct order. Accordingly, we conclude that marking the VIN on two separate lines, with the second directly below the first, would not violate any of the requirements of Part 541.<<<; 3. As shown in the drawings attached to your letter, you are planing t affix the VIN plate carrying the inscribed VIN either by rivets or breakaway-head bolts. Part 541 specifies requirements which must be met when the VIN is affixed, in S541.5(d)(1), or when it is inscribed, in S541.5(d)(2).; 3.1 With which set of requirements should an affixed VIN plate wit inscribed markings comply?; We have stated in several past interpretations that the language o S541.5(d) means that *all* markings that are affixed to a part, whether by means of adhesive, screws, rivets, or welding, must satisfy the performance requirements for labels set forth in S541.5(d)(1). Since your VIN plate would be affixed, it would be subject to the performance requirements for labels.; 3-2-1. Section 541.5(d)(1)(i) says that the number must be printe indelibly on a label. You believe that the number inscribed on a metal plate meets this requirement. Is this correct?; Your belief is correct. The requirement that the marking be printe indelibly on a label was included in Part 541 to ensure that the markings would remain legible to investigators for as long as the label was affixed to a part. *See* 50 FR 43166, at 43170-71, October 24, 1985. Inscribing a number on a metal plate ensures that the number will be legible for the life of the metal plate, and complies with the requirement of S541.5(d)(1)(i).; 3-2-2. Since the number is inscribed on a metal plate, you believe tha subparagraphs (ii), (vii), and (viii) of paragraph 541.5(d)(1) are not applicable. Is this correct?; No, it is incorrect. *All* of the requirements of S541.5(d)(1) must b satisfied by any marking affixed to satisfy the requirements of S541.5.; 3-2-3. If this metal plate were removed from the engine o transmission, parts of the rivets or breakaway-head bolts will remain in the area where the plate was affixed. You think these pieces are 'residual parts of the label' within the meaning of S541.5(d)(1)(v)(B). Is this opinion correct?; It may be correct, but we do not have sufficient information to offe an opinion. Section 606(c) of the Motor Vehicle Information and Cost Savings Act (15 U.S.C. 2026(c)) requires each *manufacturer* to certify that its vehicles comply with the theft prevention standard. Therefore, this agency does not approve, endorse, or certify that any manufacturer's marking system complies with the theft prevention standard. We will, however, state whether a particular marking system appears to comply with the standard if we are provided with sufficient information on which to base that opinion. In this case, your letter does not give us enough information to offer an opinion.; The regulatory language of S541.5(d)(1)(v)(B) requires that removal o the label must 'discernibly alter the appearance of that area of the part where the label was affixed by leaving residual parts of the label or adhesive in that area, so that investigators will have evidence that a label was originally present.' If we are to offer an opinion as to whether your marking system satisfies this requirement, we must be able to determine what remains on the part after the affixed label is removed. Ideally, we would have several labels affixed to a metal section by the means described in your letter. We could then remove these labels and examine those areas of the metal section to which the labels were affixed to see what residual parts remained. If we are to offer an opinion on this topic, we at least need some means of determining what residual parts of these labels remain if they are removed, and whether such residual parts would give investigators evidence that a label was originally present. The drawings enclosed with your letter do not give us a means for making these determinations.; Your fourth question presented six alternative means for affixing th VIN plate. My response to these alternatives is the same as that set forth above in response to your question 3-2-3. Without additional information, I cannot offer an opinion as to whether any or all of these alternatives appears to comply with the requirements of S541.5(d)(1).; Please feel free to contact me if you have any further questions o need some additional information about our theft prevention standard.; Sincerely, Erika Z. Jones, Chief Counsel