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Interpretation ID: Milner.jgw

    Mr. Mel Milner
    Division of Field Investigation
    State of New York Department of Motor Vehicles
    6 Empire State Plaza
    Albany, NY 12228


    Dear Mr. Milner:

    This is in reply to your letter of October 9, 2002, in which you ask how the requirements of 49 CFR 541.6 apply to two situations that have arisen in the course of your Divisions examination of rebuilt salvage vehicles.Your questions, and our answers, are as follow:

    1) Is the R-DOT sticker required to have the same security features, and a standard format, as those listed under Sec. 541.5(d)(1), et al, CFR?Although we find that those identification stickers bearing a Vehicle Identification Number always meet the standards, we rarely find the R-DOT sticker meeting the listed standard, except for the dimensions of the sticker.

    Depending on whether a replacement part is manufactured domestically or imported, the R-DOT label on the part must have all or some of the security features required for labels on original equipment parts under 49 CFR 541.5.If the part is manufactured domestically, 541.6(a) provides that the manufacturer must affix or inscribe the mark on the part "by means that comply with 541.5(d)," the provision in 49 CFR 541.5 that requires security features for parts on new vehicles.If the part is imported, 541.6(a) provides that the importer must mark it in accordance with 541.5(d)(2), which provides that the removal of the label must "visibly alter the appearance of the section of the vehicle part" on which it is placed.

    Whether a part is manufactured domestically or imported, the label on the part must be in a specified format (with the manufacturers registered trademark or some other unique identifier, the letter R, and the DOT certification) and must be located within the target area specified by the original manufacturer of the vehicle for which the part is designed.

    2) On a number of occasions vehicle rebuilders have presented parts to this Division without the R-DOT affixed, but were provided with R-DOT stickers by a parts distributor to affix themselves.A sample of such "loose" R-DOT stickers is attached on the following page.It is our position that only the manufacturer is permitted to affix the R-DOT sticker to the part.Is this position correct?

    The R-DOT label must be affixed by the manufacturer, if the part is domestically manufactured (541.6(a)).If the part is imported, the label must be affixed by the importer (541.6(a)) before the part is imported (541.6(f)).In no case is it permissible to sell an unmarked replacement part.In the situation you describe, the parts distributor could not comply with 541.6 by selling unmarked parts and providing "loose" labels to be affixed by a rebuilder.

    The sample labels attached to your letter contain only the R-DOT legend, with the subscript "Made in Taiwan."Because these labels do not contain the importers trademark or other unique identifier, they would not comply with 541.6(a) even if the imported affixed them before importing the parts.

    I hope that this information is useful to you.

    Sincerely,

    Jacqueline Glassman
    Chief Counsel

    ref:541
    d.11/12/02