Interpretation ID: nht79-4.35

DATE: 05/21/79

FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA

TO: Pullman Trailmobile

TITLE: FMVSS INTERPRETATION

TEXT: This is in response to your letter of January 12, 1979, requesting an interpretation of the term "production process" as used in 49 CFR 571.115, S4.5.3.3. We are sorry for the delay in responding.

The production practice you describe on page 2 of your letter would satisfy S4.5.3.3. In the preamble to the final rule published on August 17, 1978 (43 FR 36451), the agency stated:

The NPRM proposed that the last six characters represent the sequential number of a vehicle when the manufacturer produced more than 500 vehicles annually of that type.

A number of comments pointed out that for various reasons a vehicle might be taken from a production line, thereby having an actual sequential number which differs from the production sequence number originally assigned by the manufacturer. The proposal is amended to indicate that the production sequence number is required.

Thus, Pullman Trailmobile should indicate the sequential number originally assigned by the manufacturer, not the number reflecting exact order in which the vehicle is produced.

Sincerely,

ATTACH.

January 12, 1979

Administrator -- National Highway Traffic Safety Administration, U. S. Department of Transportation

RE: FMVSS No. 115 Vehicle Identification Number Request for Interpretation

Dear Sirs:

FMVSS No. 115, 49 CFR 571.115, was recently amended by the National Highway Traffic Safety Administration ("NHTSA") in part as follows:

S4.5.3.3 The third through the eighth characters of the third section shall represent the number sequentially assigned by the manufacturer in the production process . . .

The Pullman Trailmobile Division of Pullman Incorporated ("Pullman Trailmobile") requests an interpretation of the term "production process" from the Administrator.

Pullman Trailmobile is a manufacturer of highway truck trailers. Pullman Trailmobile's present production practice is that, upon acceptance of a customer's order for trailers, serial numbers for the trailers are immediately assigned and the order is thereupon placed with the appropriate Pullman Trailmobile plant for manufacture. Upon effectiveness of FMVSS No. 115, the number assigned in this fashion will be the vehicle identification number ("VIN"). The VIN plate or label will be affixed to each trailer when manufacture of the trailer is complete. Several situations could arise during manufacture which would cause trailers to be produced in a sequence different from that of the VIN sequence.

If the NHTSA intends the VIN to identify a vehicle's maker, attributes, age, etc., Pullman Trailmobile's practice will fulfill that purpose. If the NHTSA intends the VIN, among other things, to identify the exact order in which a given group of vehicles was produced, Pullman Trailmobile's practice will not fulfill that purpose.

Pullman Trailmobile believes that its production practice of assigning the VIN at the time of acceptance of a customer's order for trailers falls within the scope of assigning the VIN in the "production process", as that term is used by the NHTSA. This is, in fact, the first step in Pullman Trailmobile's production processes even though the physical production of vehicles has not yet begun.

It is requested that the NHTSA confirm Pullman Trailmobile's interpretation of "production process". Because of the considerable time, effort and expense involved in establishing its computerized VIN coding system, Pullman Trailmobile desires assurance from NHTSA that the aforementioned aspect of its production practice conforms with the regulations. Your prompt response will be appreciated.

Respectfully submitted,

DAVID L. KELLY -- Attorney, PULLMAN TRAILMOBILE DIVISION OF PULLMAN INCORPORATED