Interpretation ID: nht93-6.12

DATE: August 16, 1993

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: Howard Schecter

TITLE: None

ATTACHMT: Attached to letter dated 6/23/93 from Howard Schecter to Office of Cheif Counsal (Chief Counsel), NHTSA

TEXT:

This responds to your request for an interpretation of Federal Motor Vehicle Safety Standard No. 115, Vehicle identification number - basic requirements (49 CFR S571.115). In a telephone conversation with Dorothy Nakama of my staff, you explained that you own a three-wheel motorcycle built with all used parts. The engine and other parts are from a used Corvair passenger car, and additional parts are from used motorcycles. Your letter asks whether your motorcycle must be assigned a vehicle identification number (VIN). The answer is no.

Standard No. 115 applies to new motor vehicles, including motorcycles. NHTSA does not consider your motorcycle as new, since it was built entirely out of used parts. Since Standard No. 115 applies only to new motor vehicles, and NHTSA does not consider your motorcycle to be new, the motorcycle's rebuilder need not, under NHTSA's regulations, assign a VIN to the motorcycle.

Your letter stated that the State of Hawaii's Reconstructed Vehicle Department (RVD) would not register your motorcycle since it has no VIN. Registration procedures for motor vehicles are set by each State, not NHTSA. However, we suggest that you show this letter to the RVD officials to explain that your motorcycle need not be assigned a VIN under NHTSA's regulations.

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