Interpretation ID: nht93-5.3

TYPE: Interpretation-NHTSA

DATE: June 29, 1993

FROM: John Womack -- Acting Chief Counsel, U.S. Department of Transportation, NHTSA

TO: Donald W. Vierimaa -- Vice President, Engineering, Truck Trailer Manufacturers Association

TITLE: None

ATTACHMT: Attached to letter dated 4-7-93 from Donald W. Vierimaa to Dorothy Nakama (OCC 8535).

TEXT: This responds to your request for our views on the consistency of a TTMA statement with NHTSA's regulations. TTMA's Recommended Practice Number 56-91 "Trailer Vehicle Identification Number," at paragraph 4.6, indicates that if a rebuilt trailer is not considered new, "there is no legal requirement to physically retain the VIN on the trailer." As explained below, to the extent that the statement implies that the VIN may be removed, it is not consistent with Federal Motor Vehicle Safety Standard No. 115 VEHICLE IDENTIFICATION NUMBER - BASIC REQUIREMENTS (49 CFR S571.115), or with 49 CFR Part 567 CERTIFICATION. In addition, recently enacted Federal criminal legislation proscribes persons from knowingly removing an identification number from a motor vehicle.

Standard No. 115 specifies that each vehicle manufactured in one stage shall have a VIN that is assigned by the manufacturer. (See S4.1.) Sl of Standard No. 115 states that the purposes of the VIN are to simplify vehicle information retrieval and to reduce the incidence of accidents by increasing the accuracy and efficiency of vehicle recall campaigns. These safety purposes may be frustrated if VINs are removed from the motor vehicle.

Further, NHTSA's intent that an assigned VIN be physically present on a motor vehicle throughout the life of the vehicle is also expressed in S4.5 of Standard No. 115. That section specifies how VINs are to be placed on motor vehicles:

The VIN of each vehicle shall appear clearly and indelibly upon either a part of the vehicle other than the glazing THAT IS NOT DESIGNED TO BE REMOVED except for repair or upon a separate plate or label which is PERMANENTLY AFFIXED to such a part. (Emphasis added.)

Part 567 requires that VINs be provided on the certification label for motor vehicles. (See S567.4(g)(6).) In specifying the placing of certification labels on vehicles (S567.4(b)), NHTSA intended that the certification label last as long as possible:

The label shall, unless riveted, be permanently affixed in such a manner that it cannot be removed without destroying or defacing it.

Thus, both Standard No. 115 and Part 567 express NHTSA's intent that the VIN be physically present throughout the life of the vehicle. TTMA's statement that there is no requirement to retain labels with VINs on rebuilt trailers is inconsistent with this intent, to the extent it implies that the VIN may be removed.

TTMA's statement must also be reviewed in light of recent legislation. Section 511, ALTERING OR REMOVING MOTOR VEHICLE IDENTIFICATION NUMBERS, was added to Title 18 of the United States Code by the "Anti Car Theft Act of 1992." That section states that whoever knowingly removes, obliterates, tampers with, or alters an identification number for a motor vehicle or motor vehicle part, for purposes other than repair, shall be fined not more than $10,000 or imprisoned not more than five years, or both.

Since the U.S. Department of Justice administers Title 18, section 511, it is the source of further information about that provision.

In sum, the purposes of Standard No. 115 are to simplify vehicle information retrieval and to reduce the incidence of accidents by conducting more effective vehicle recall campaigns. In order to further these goals, we ask that TTMA encourage its members to physically retain the VINs on trailers that are being rebuilt, but not newly manufactured.

I hope that this information is useful. If you have any further questions, please contact Dorothy Nakama of my staff at (202) 366-2992.