Interpretation ID: nht78-4.12

DATE: 11/20/78

FROM: AUTHOR UNAVAILABLE; Joseph J. Levin Jr.; NHTSA

TO: Volkswagen of America Inc.

TITLE: FMVSS INTERPRETATION

TEXT: Thank you for your letter of September 8, 1978, concerning Federal Motor Vehicle Safety Standard No. 115, Vehicle identification number. Since the agency was considering petitions for reconsideration when your letter was received, we concluded that it would be more helpful to respond to your letter after the revised standard was issued. A copy of the amendments to the standard and a copy of a notice of proposed rulemaking to amend the standard are enclosed.

In confirmation of your meeting with Messrs. Carson, Erickson, and Schwartz, you are correct in stating that vehicle description section (VDS) informational content can change from model year, to model year even though the actual characters in the VDS remain the same. All changes in the informational content of the VDS must, of course, be submitted to the NHTSA as required in S6 of the standard.

As you point out in your letter, "dividers" which would appear at the beginning and the end of the VIN would not be considered part of the VIN and, therefore, would not be regulated by the standard. Care should be taken, however, to ensure that the dividers are neither alphabetic nor numeric characters which might be mistaken for part of the VIN.

In your meeting with NHTSA staff, you requested clarification concerning which manufacturer identifier should be used when the vehicle assembly is carried out by one company on behalf of another. In this instance, the manufacturer identifier of the company under whose authority the assembly is carried out and which maintains responsibility for the vehicle's compliance with safety standards should be used. You have also asked for a definition of the term "transfer document." A "transfer document" will vary in content from manufacturer to manufacturer, but means the document(s) given to the owner of the vehicle for use when the vehicle is being titled.

We would also call to your attention proposed changes to the standard contained in the enclosed notice of proposed rulemaking. If the proposed changes are adopted, the check digit would be placed in the fourth position of the VIN, and the first and second characters of the VDS, which immediately follow the check digit, would be alphabetic.

Sincerely,

ATTACH.

Volkswagen of America, Inc.

September 8, 1978

Joseph J. Levin, Esquire -- Chief Counsel, National Highway Traffic Safety Administration RE: VW/NHTSA Meeting on Vehicle Identification Numbers

Dear Mr. Levin:

On September 8, 1978, representatives of Volkswagen of America, Inc. and Volkswagenwerk AG met with Messrs. Carson, Erickson, Parker and Schwartz of the NHTSA to discuss FMVSS 115, the Final Rule on Vehicle Identification Numbers as published in the Federal Register of August 17, 1978.

VW explained that the vehicle identification numbering system it adopts must be compatible with the new NHTSA VIN rule, various international regulations and its own internal purposes. VW indicated that the NHTSA Final Rule had furthered compatibility by changing the position of the VIN check digit from the third to the second section.

VW presented to the NHTSA representatives its proposed concept for fulfilling the requirements of FMVSS 115 including the reporting system (see attachment). NHTSA agreed that the same five digit code within the second section could be used, even if the characteristics of the specific attributes change, for example horsepower or displacement increases from one model year to a new model year. NHTSA also observed that the key used for reporting and deciphering the attributes will consist of the WMI, the five characters of the second section and the model year.

VW described the Common Market directive requiring the use of so-called "dividers" at the beginning and end of the vehicle identification number. These "dividers" are characters which are not part of the VIN and would be in the nature of a star, asterisk or company logo. NHTSA indicated that dividers can be used for vehicles sold in the U.S. provided the VIN is distinct and the divider could not be confused as part of the VIN.

VW requested a clarification as to the meaning of "transfer documents." NHTSA informed VW that "transfer documents" were the official documents needed for titling a vehicle in accordance with state requirements.

VW described the manufacturing process involved in production of its Type 2 Camper vehicle and Scirocco. The Camper's final stage and the Scirocco are assembled by other companies. VW assumes full responsibility for both of these finished vehicles. Therefore, NHTSA agreed that VW's WMI should be used for these vehicles.

We appreciate the willingness of NHTSA to meet with us in order to clarify several aspects of the final VIN rule. It is our intent to institute VIN and reporting systems in accordance with these interpretations by NHTSA.

Sincerely,

Philip A. Hutchinson, Jr. Washington Representative

[Attachment Omitted]