Interpretation ID: nht95-2.55

TYPE: INTERPRETATION-NHTSA

DATE: April 26, 1995

FROM: John Womack -- Acting Chief Counsel; NHTSA

TO: Richard Kreutsiger -- Executive Director NYSBDA

TITLE: NONE

ATTACHMT: ATTACHED TO 2/11/95 LETTER FROM RICHARD KREUTZIGER TO WALTER MYERS

TEXT: Dear Mr. Kreutsiger:

This responds to your facsimile request for an interpretation of the question "is there any Federal mandate . . . that provides a specific date or time frame in which a manufacturer has to change model year dating . . . if there is no change in the vehic le production or design makeup." I apologize for the delay in responding. The short answer to your question is that our regulations require model years to change within a two year time frame but do not prescribe the date that may be selected for the mod el year changeover.

Regarding this agency's regulations, your letter indicated that you had found the provision in 49 CFR part 565, Vehicle Identification Number - Content Requirements, specifying that the model year must be included as part of the vehicle identification nu mber (VIN). You may not have noticed that section 565.3(h) of that part defines "model year" as "the year used to designate a discrete vehicle model irrespective of the calendar year in which the vehicle was actually produced, so long as the actual peri od is less than two calendar years." Therefore, even if a vehicle is identical to the vehicles produced in any number of preceding years, the model year must change at a frequency of less than two years.

My understanding is that your letter is only concerned with model years for school buses, which are not subject to the corporate average fuel economy program under Chapter 329 of title 49 of the U.S. Code. For passenger cars and light trucks, model year is defined in section 32901(15) for fuel economy purposes as "the annual production period of a manufacturer, as decided by the [EPA] Administrator, that includes January 1 of that calendar year; or that calendar year if the manufacturer does not have a n annual production period."

I hope this information is helpful. If you have any questions, please contact Paul Atelsek of my staff at this address or at (202) 366-2992.