Interpretation ID: cox.ztv

Mr. Bill Cox
President
Monte Carlo Minis Limited Inc.
2011 Pleasant Hill Church Road
Shelby, NC 28152

Dear Mr. Cox:

On August 31, 1998, we received your faxed manufacturer identification information sheet sent in accordance with 49 CFR Part 566, and your letter to Taylor Vinson of this Office asking several questions.

You informed us that Monte Carlo Minis Limited, Inc., wants to build "Mk 1 and Mk II Minis." These vehicles "will have all new parts except for the chassis or subframes." You comment that "if we replace the chassis, we know we would have to meet all the DOT and EPA regs." You ask whether you can "retain the old VIN number if we use the pre 1969 donor cars and chassis." You also state that "if we only exported the Minis to Japan I assume we would have to use the new VIN numbers as described in CFR 49."

The Federal motor vehicle safety standards (FMVSS) and other agency regulations do not apply to vehicles manufactured for export, and which are so labeled between the completion of their manufacture and shipment from the United States. Therefore, the VIN on vehicles intended to export for Japan should conform with the requirements of that country, if any, for VINs, rather than those of 49 CFR Part 565 for vehicles intended for sale in the United States.

You incorrectly assume that retention of the old chassis alone is sufficient to excuse a vehicle from compliance with the FMVSS. The agency's opinions over the years have been premised upon the fact situation of a vehicle in use being modified to incorporate a new body on its original chassis and one which retained its original title. We have said that the resulting vehicle would not be considered a new motor vehicle subject to the FMVSS . The agency did not intend the word chassis to be interpreted narrowly but meant the term to indicate an assemblage that retained the original frame and all vehicle components other than the body, including the power train, brake system, suspension, and tires and wheels.

The vehicles you intend to build would have "all new parts except for the chassis or subframes, including "the new [body] shell," "new suspension," and "new engine and transmission," while "the old chassis, sub frame is retained after being sandblasted." In our view, vehicles assembled using equipment as you have described it to us would be new motor vehicles which must comply with all applicable FMVSS in effect as of the date of assembly, and be certified as complying if they are to be sold for use in the United States. Among other things, such vehicles must have a VIN meeting the requirements of 49 CFR Part 565.

Sincerely,
Frank Seales, Jr.
Chief Counsel
cc: Liz Severe
c/o Samuel Shapiro & Co., Inc.
ref:571
d.9/29/98