Interpretation ID: nht87-1.89

TYPE: INTERPRETATION-NHTSA

DATE: 06/04/87

FROM: AUTHOR UNAVAILABLE; Erika Z. Jones; NHTSA

TO: Jerry Flynn Tucker -- Attorney at Law

TITLE: FMVSS INTERPRETATION

TEXT:

Mr. Jerry Flynn Tucker Attorney at Law P.O. Box 24, Courthouse Square Ashville, Alabama 335953

Your letter to the Society of Automotive Engineers (SAE) was referred to me for reply. Your letter informs SAE that a second trailer manufacturer, Nix Enterprises, Inc., is using the WMI Code designation SAE assigned to your client, Omni Trailers, Inc. Y ou asked SAE to take whatever action it could to prevent the continued misuse of your client's WMI Code.

Under Federal motor vehicle safety standard 115, 49 CFR 571.115, (Standard 115), a motor vehicle manufacturer must assign a 17-character Vehicle Identification Number (VIN) to each vehicle it manufactures. The first three VIN characters must, among other things, uniquely identify the vehicle manufacturer. Among the primary reasons for the VIN designation are to facilitate vehicle notice and recall campaigns where a vehicle proves to be defective; and to aid persons investigating motor vehicle theft or a ccidents.

The National Highway Traffic Safety Administration (NHTSA), an agency of the United States Department of Transportation, is responsible for motor vehicle safety standards, and contracts wit SAE to coordinate the assignment of manufacturer identifiers. Un der 49 CFR S565.5(b), Reporting Requirements, a manufacturer or its agent must submit its unique identifier to SAE at least 60 days before using its identifier. Apparently, Nix Enterprises fail to follow proper procedures for obtaining the WMI Code desig nation.

NHTSA considers this failure to be the kind of error that can have adverse safety consequences because it could impair both Omni's and Nix's ability to conduct recall campaigns, and further impair the agency's ability to monitor any such campaign. I shal l refer this matter to the NHTSA office of Enforcement for appropriate action.

Sincerely,

Erika Z. Jones Chief Counsel

Society of Automotive Engineers 400 Commonwealth Drive Warrendale, PA 15096

Re: Omni Trailers, Inc., WMI Code 10Z

Dear Sir:

It has been brought to your attention that Omni Trailers, Inc.'s WMI Code 10Z is being improperly used by another company. Enclosed are documents to support this claim. The State of Georgia which issued the title to this trailer, has been placed on notic e of the improper use of Omni's WMI Code, to no avail.

At this time we ask that you take any action, which you are authorized, to prevent the continued use of Omni's WMI Code and remove any trailer which carries an Omni Code from the road, which has been issued by anyone but Omni.

If you cannot act upon this matter, please inform us as to what action this office may take to prevent the same.

Sincerely,

Jerry F. Tucker

December 14, 1983

Mr. Gerald Tucker Omni Trailers, Inc P.O. Box 537 Springville, AL 35146

Dear Mr. Tucker:

This letter confirms our telephone conversation of November 28, 1983 regarding the assignment of a World Manufacturer (Maker) Identifier (WMI) Code. As the agent of the NHTSA for the assignment of manufacture identifiers pursuant to S4.5.1 of FMVSS 115, we hereby confirm the following code:

Omni Trailers, Inc. P. O. Box 537 Springville, AL 35146 United States