Interpretation ID: nht95-3.28

TYPE: INTERPRETATION-NHTSA

DATE: June 27, 1995

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: Thomas L. Wright, -- Acting Manager, MVS Customer Services, State of New Jersey, Department of Law and Public Safety, Division of Motor Vehicles

TITLE: NONE

ATTACHMT: ATTACHED TO 7/13/92 LETTER FROM PAUL JACKSON RICE TO JEFFREY PUENTES; ALSO ATTACHED TO 4/28/95 LETTER FROM THOMAS L. WRIGHT TO DOROTHY NAKAMA (OCC 10890)

TEXT: Dear Mr. Wright:

This responds to your request for information about responsibilities of motorcycle manufacturers. As you discussed with Dorothy Nakama, the National Highway Traffic Safety Administration (NHTSA) does not "regulate" how an enterprise becomes a "recognize d manufacturer."

Enclosed is NHTSA's information sheet for new manufacturers of motor vehicles and motor vehicle equipment, which discusses the main requirements of 49 U.S.C. section 30101 et seq. (formerly the Vehicle Safety Act). A copy of the Act is enclosed. Under section 30112(a) of the Act, a motorcycle manufacturer may not manufacture a motorcycle for sale unless the vehicle complies with all applicable Federal Motor Vehicle Safety Standards (FMVSS) and is covered by a certification issued under 49 U.S.C. secti on 30115. One safety standard is Standard No. 115 Vehicle Identification Number - Basic Requirements. (See 49 CFR 571.115.) In our regulations, at 49 CFR part 567 Certification, NHTSA has promulgated the requirement that a manufacturer certify complianc e of its motorcycle with all applicable safety standards. Under part 566, NHTSA requires manufacturers to submit certain identifying information and a description of the items they produce.

Also enclosed is a copy of a July 13, 1992 interpretation letter to Mr. Jeffrey Puentes, discussing serial numbers on motorcycle frames versus motorcycle VINs.

As you may be aware, "certificates of origin" are matters relating to vehicle titling, which the State regulates, rather than NHTSA.

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