Interpretation ID: nht79-2.24

DATE: 10/24/79

FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA

TO: Toyo Kogyo Co., Ltd.

TITLE: FMVSS INTERPRETATION

TEXT:

Mr. Kei Matsui Toyo Kogyo Co. Ltd. P.O. Box 18, Hiroshima 730-91 Japan

Mr. Matsui:

This is in response to your letter of May 11, 1979, requesting the National Highway Traffic Safety Administration's (NHTSA) views on whether the inclusion of optional equipment on certain Mazda models would be sufficient to create a number of different series within that model.

Section 4.5.2 of Federal Motor Vehicle Safety Standard No. 115 (Vehicle Identification Number) states that the second section of the vehicle identification number for passenger cars shall be decipherable into the vehicle's line, series, body type, engine type, and restraint system type. "Line" is defined as "a name which a manufacturer applies to a family of vehicles which have a degree of commonality in construction, such as body, chassis or cab type." "Series" is defined as "a name which a manufacturer applies to a subdivision of 'line', denoting price, size, or weight identification, and which is utilized by the manufacturer for marketing purposes."

Based on the facts presented, it is apparent that models equipped with different optional equipment could each be designed a "series" if Mazda desired. Nonetheless, the definition of "series" makes clear that the responsibility for applying and utilizing the "series" designation rests initially with the manufacturer. If the difference between the potential series are superficial and a manufacturer chooses not to designate separate series for marketing reasons because of the superficiality, the agency will not require such a designation.

Sincerely,

Frank Berndt Chief Counsel

May 11, 1979 Our Ref. No. RDE-79-8

Chief Counsel National Highway Traffic Safety Administration 400 Seventh Street SW. Washington, D.C. 20590 U. S. A.

Dear Sir:

Subject: Question on Interpretation of FMVSS No. 115 "Vehicle Identification Number" Docket No. 1-22, Notice 8

We are now developing a system to comply with the requirements of FMVSS No. 115 published in the March 22, 1979 Federal Register. As shown in the attached tables, our vehicles are advertized and sold under the designations given according to their specifications. For example, the Mazda GLC has the designations of "Basic", "Custom", "Decore Package" and "Sports".

Although these designations are utilized for the purpose of sales, they have been only given according to the level of the optional parts installed. Therefore, we think that these designations do not correspond to "Series" stipulated in S3 "Definition".

We would like to confirm whether our interpretation is correct or not. We would appreciate your reviewing our above request and advising us of your comment at your earlist convenience.

Sincerely yours,

Kei Matsui Manager Development Administration Division