Interpretation ID: nht80-2.40

DATE: 05/29/80

FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA

TO: Isuzu Motors America, Inc.

TITLE: FMVSS INTERPRETATION

TEXT:

Mr. Hiroshi Abe Assistant General Manager Isuzu Motors America, Inc. 21415 Civil Center Drive Southfield, Michigan 48076

Dear Mr. Abe:

This is in response to your letter of April 3, 1980, concerning the application of Federal Motor Vehicle Safety Standard No. 115 to incomplete vehicles.

S4.1 of Standard No. 115 provides that "(e)ach vehicle manufactured in more than one stage shall have a VIN and check digit assigned by the incomplete vehicle manufacturer." Consequently, Isuzu Motors, Inc. would be the entity responsible for assigning the vehicle identification number (VIN) to incomplete vehicles which it ships to the United States.

You wish to know whether the manufacturer identifier in the VIN of each of these vehicles may designate the vehicle as a "truck" instead of as an "incomplete vehicle" if Isuzu knows that the completed vehicle will be a truck.

S4.5.1 of the standard provides that the first three characters of the VIN shall identify the manufacturer, make and type of vehicle. Table I of S4.5.2 delineates the different types of vehicles and includes a separate type designation for "incomplete vehicles." As explained in the preamble to Notice 8 (March 22, 1979, 44 FR 17489, at 17490), the "incomplete vehicle" category was added because "incomplete" vehicle manufacturers would have little way of knowing the final configuration of the vehicles they produce." It was never the intent of the agency, however, to preclude a manufacturer from indicating the precise types of completed vehicles if this is known.

Sincerely,

Frank Berndt Chief Counsel

April 3, 1980 Mr. Frederick Schwarts, Jr. Office of the Chief Counsel National Highway Traffic Safety Administration 400 Seventh Street, S.W. Washington, D.C. 20590

Subject: Incomplete Vehicle Attributes --- FMVSS 115 VIN

Dear Mr. Schwarts:

This letter is intended to seek your advice on whether the use of VIN for our incomplete trucks meets the requirements of FMVSS 115 --- Vehicle Identification Number.

We currently manufacture and ship to the U.S. incomplete vehicles for which we assume "legal responsibility for all duties and liabilities imposed by the Act, with respect to the vehicle as finally manufactured" as specified in 49 CFR Part 567 ---Certification, 567.5(e). All the vehicles are completed into trucks by the final manufacturer in the U.S. Therefore, the vehicle type description shown in the certification label as set forth in 567.5(e) is "Truck."

In light of this situation, we are planning to use the VIN (the first three characters) assigned to our trucks rather than to incomplete vehicles. The same would apply to the VIN appearing on the above-mentioned certification label.

We believe this arrangement would not contradict the requirements of FMVSS Part 115, but would appreciate your confirmation. We are looking forward to hearing from you. Thank you in advance for your cooperation.

Sincerely yours,

H. Abe Assistant General Manager 05/29/80