Interpretation ID: BBRmotorsports.1
Mr. Ryan Hall
BBR Motorsports, Inc.
19632 70th Avenue South, Bay 3
Kent, WA 98032
Dear Mr. Hall:
This responds to your June 18, 2003, e-mail to David Coleman in the Office of Vehicle Safety (OVSC), in which you sought clarification of the National Highway Traffic Safety Administration (NHTSA) regulations for vehicle identification numbers (VINs) and how they apply to off-road vehicles. Specifically, you seek confirmation that NHTSA will not issue World Manufacturer Identifiers (WMIs) for off-road vehicles and that the agency does not object to private sector development of a suitable VIN system for such vehicles. Consistent with our enclosed May 21, 2003, letter to the Motorcycle Industry Council (MIC), we confirm that NHTSA does not regulate vehicles manufactured for off-road use, and we have encouraged industry groups to consult with State officials to develop an alternative WMI system for these vehicles that meet State law requirements.
Although we believe that the letter to the MIC fully explains this issue, the following points are offered in summary. NHTSA has the authority to regulate "motor vehicles," which are defined as vehicles "manufactured primarily for use on public streets, roads, and highways."49 U.S.C. 30102(a)(6). The Consumer Products Safety Commission (CPSC) has jurisdiction over the safety of off-road vehicles. Although NHTSAs contractor has in the past erroneously issued WMIs to off-road vehicle manufacturers under NHTSAs VIN regulations (49 CFR Part 565), the agency has taken steps to remedy this error.
We are sensitive to the difficulties facing off-road vehicle manufacturers in light of State laws demanding VINs for those vehicles that are consistent with Part 565 requirements. Therefore, NHTSA has agreed to stay rescission of the WMIs previously issued to off-road vehicle manufacturers until January 1, 2005, in order to permit sufficient time for the development of and migration to a new system for WMIs
issued to off-road vehicle manufacturers. Because we view the problem as primarily a matter of State law, we have encouraged close consultations with State officials, in order to develop a system that both meets stakeholder needs and does not cause confusion with Part 565 WMIs and VINs.
Particularly because NHTSA does not regulate off-road vehicles, the agency will not endorse any alternative WMI/VIN system nor any private sector organization(s) to undertake such development efforts.
I hope this information is helpful. If you have any questions, please feel free to contact Eric Stas of my staff at this address or by telephone at (202) 366-2992.
Sincerely,
Jacqueline Glassman
Chief Counsel
Enclosure
ref:565
d.7/17/03