Interpretation ID: nht80-1.20

DATE: 02/29/80

FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA

TO: Kawasaki Motors Corp. USA

TITLE: FMVSS INTERPRETATION

TEXT: This is in response to your letter of January 24, 1980, to Mr. Schwartz of my office requesting an interpretation of Federal Motor Vehicle Safety Standard No. 115.

I understand from your letter that Kawasaki Motors Corp., USA, intends to comply with S4.3 of Safety Standard No. 115 by placing the vehicle identification number (VIN) on the certification label of the motorcycles it manufactures. Since the standard specifies the precise placement of the VIN only for passenger cars and trucks with a GVWR of 10,000 pounds or less (S4.4), placing the VIN on the certification label of motorcycles is authorized.

You also wish to know whether Standard No. 115 precludes Kawasaki stamping a model designation and production sequence into the frame near the certification label. As long as the number which you stamp into the frame cannot be mistaken for the VIN because of its length or other factors, this would not be prohibited.

Sincerely,

ATTACH.

Research & Development Center

January 24, 1980

Frederic Schwartz -- Office of Chief Counsel, National Highway Traffic Safety Administration

Re: Interpretation of FMVSS 115 V.I.N. Requirements

Dear Mr. Schwartz:

This letter requests your confirmation that Kawasaki's interpretation of, and action to be taken under, the requirements of 49 CFR 571.115 is correct.

The Vehicle Identification Number (VIN) regulations promulgated by NHTSA at 49 CFR 571.115 (FMVSS 115) require vehicle manufacturers to assign to each motor vehicle a unique vehicle identification number, consisting of 17 digits (16 plus check). This VIN is to be used in defect recall and information retrieval efforts where accuracy will benefit the goal of motor vehicle safety. As required by 571.115 S4.3:

"The vehicle identification number and check digit of each vehicle shall appear clearly and indelibly upon either a part of the vehicle other than the glazing that is not designed to be removed except for repair or upon a separate plate or label which is permanently affixed to such part." Standard 115 is silent as to the specific location of the VIN. However, 49 CFR 567, Certification, specifies content and location of the required label certifying compliance with applicable NHTSA requirements. In addressing content, @ 567.4 (g) (6) requires the label to contain the vehicle identification number, while @ 567.4 (e) specifies the location of the label on motorcycles. Finally, @ 567.4 (b) requires that "(t)he label shall, unless riveted, be permanently affixed in such a manner that it cannot be removed without destroying or defacing it."

Our current VIN appears on a non-removable, per @ 567 (b), label located on the portion of the main frame through which the steering assembly pivots, meeting the applicable location requirements of @ 567(e). To accommodate the 17 digit VIN of @ 571.115, we shall simply modify the labels with the new VIN format.

At the present time, we also stamp our model designation and production sequence into the frame near the certification label, although this stamped number is more difficult to see than the VIN as it does not contrast with its background. In order to facilitate our production control we wish to continue stamping this information into the frame, while placing the new VIN on the label in the location it currently occupies. We believe the visual prominence of the VIN and its recognizable format will prevent confusion of the VIN with our internal control system identifier.

We do not interpret Standard 115 as prohibiting placement of other forms of information in a location near the VIN. We ask if you concur with this interpretation.

We are in the process of designing our VIN system and integrating the VIN into our other information control systems. Your timely response to this letter would thus be greatly appreciated.

Please contact the undersigned if more information is required.

Sincerely, KAWASAKI MOTORS CORP., U.S.A.;

Roger Hagie -- Government Relations Manager

CC: L. Yurikusa; N. Murakami