Interpretation ID: nht87-1.85

TYPE: INTERPRETATION-NHTSA

DATE: 06/03/87

FROM: AUTHOR UNAVAILABLE; Erika Z. Jones; NHTSA

TO: Gabriel J. Ferber -- Nesper, McElvein, Ferber and Digiacomo

TITLE: FMVSS INTERPRETATION

TEXT:

This responds to your letter to Mr. George Shifflett of our Office of Vehicle Safety Compliance, in which you sought an interpretation of 49 CFT Part 541, Federal Motor Vehicle Theft Prevention Standard. You asked whether Part 541 markings must be inscri bed on certain Canadian vehicles not originally manufactured for sale in this country. More specifically, you referred to @541.5(a), which provides, "In the case of passenger cars not originally manufactured to comply with U.S. vehicle safety and number standards, each such car subject to this standard must have an identifying number inscribed in a manner which ..." (Emphases added). You stated that your client is a direct importer of Canadian vehicles subject to the theft prevention standard. You state d that these vehicles have identification numbers affixed to the required major parts by their original manufacturer. While these Canadian vehicles are not certified as complying with the U.S. vehicle and bumper standards, you asserted that they are orig inally manufactured to comply with U.S. vehicle safety and bumper standards. Accordingly, you believe that Part 544 does not require these vehicles to have the identification number inscribed on the parts, but instead requires the identification number t o be inscribed or affixed. Since the original manufacturer has already affixed identification numbers on these vehicles, you believe your client is not required to add any identification number markings to these vehicles before certifying that they compl y with Part 541.

The crux of your argument is that those vehicles can be shown to be originally manufactured to comply with U.S. vehicle safety and bumper standards, even though they are not certified as being so. We agree that this is possible, but it would take some ve ry convincing proof to establish this point. The Canadian safety standards are very similar to, but not identical with, the U.S. safety standards. Hence, the fact that a vehicle is certified as complying with Canadian safety standards does not establish that the vehicle was originally manufactured to comply with U.S. vehicle safety standards.

Your letter stated that "compliance with U.S. safety and bumper standards is shown by reliance on the 'V73' designation or some other method." The V73 designation to which you refer is an internal billing code used by General Motors on the sales receipts for some vehicles. While you assert that this billing code designation means that the vehicle complies with U.S. vehicle standards, we have no confirmation from General Motors of this point. Further, vehicle manufacturers assign whatever meanings they c hoose to their billing code designations, and are free to change the assigned meanings whenever they wish. Because of this, we conclude that you have not established that these vehicles were originally manufactured to comply with U.S. vehicle safety and bumper standards simply because they show a V73 designation in their billing code. Absent a more convincing showing that these vehicles were originally manufactured to comply with U.S. vehicle safety and bumper standards, S541.5(a) requires your client t o inscribe the identifying number on the various covered major parts.

I would also like to point out that your client could not certify compliance with the theft prevention standard by relying on the presence of the GM labels, even if your client were allowed to affix identifying markings. Please note that @541.5(d)(l)(vii i) requires, "The logo or some other unique identifier of the vehicle manufacturer must be placed in the material of the label in a manner such that alteration or removal of the logo visibly alters the appearance of the label." In this case, your client is considered the manufacturer, since it seeks to directly import these Canadian vehicles. The affixed GM labels presumably do not show the logo or some other unique identifier of your client, the direct importer. Accordingly, the GM labels would not sat isfy the requirements of @541.5(d)(1) for those vehicles for which your client is a direct importer.

NHTSA explained at length in the final rule establishing the theft prevention standard why it was necessary to have all required markings inscribed on directly imported vehicles subject to the theft prevention standard. See 50 FR 43166, at 43184-85: Octo ber 24, 1985. The agency also explained why it was necessary that affixed labels have the logo or some other unique identifier of the manufacturer in the labels. Ibid., at 43174-75. I have enclosed a copy of this rule for your information.

Sincerely,

Erika Z. Jones Chief Counsel

Enclosure

Mr. George Shifflett Department of Transportation NHTSA Director, Office of Vehicle Safety Compliance NEF 32 400 - 7th Street, S.W. Washington, D.C. 20590

Dear Mr. Shifflett:

I would like to offer the following for your consideration in determining whether the VID numbers must be inscribed on GM vehicles which already bear labels with such numbers affixed by the manufacturer.

Section 541.5 requires inscription in the case of passenger cars not originally manufactured to comply with U. S. vehicle safety and bumper standards. Our client only brings in vehicles which do comply with such standards. This is true notwithstanding th e fact that the manufacturers certifying label may have been modified to state that the vehicle complies with Canadian safety, bumper and anti-theft standards. In such case, compliance with U. S. safety and bumper standards is shown by reliance on the 'V 73' designation or some other method. In such case, we then comply with the certification requirements under Section 567.4.

The certification requirement under Section 567.4 is, of course, separate from the inscription requirement under Section 541.5. The inscription requirement is not triggered by a manufacturer's failure to certify compliance, it is triggered by the failure of the vehicle to be manufacturered to comply with U. S. vehicle safety and bumper standards. Since the vehicles in question are, in fact, manufactured to comply with U. S. vehicle safety and bumper standards, albeit not certified as such, it is submitt ed that there is no requirement that such vehicles be inscribed and the manufacturer's label should suffice.

Thank you for your consideration of this submission. Please let me know whether you agree.

Yours truly,

NESPER, McELVEIN, FERBER & DiGIACOMO

By Gabriel J. Ferber

GJF/gw

cc: Steven Kratzke, Esq. Superior Auto Sales, Inc.