Interpretation ID: nht92-6.3

DATE: June 19, 1992

FROM: Tim Flagstad

TO: Paul Jackson Rice -- Chief Counsel, NHTSA

TITLE: None

ATTACHMT: Attached to letter dated 7/20/92 from Paul J. Rice to Tim Flagstad (A39; Std. 115; Part 591)

TEXT:

I am writing at the suggestion of Mr. Taylor Vincent, Legal Counsel, regarding the FMVSS 115 Standard and exemption from the seventeen digit Vehicle Identification Number requirement.

On February 12, 1990, I imported a 1981 Kenworth from Canada where it was manufactured by Kenworth of Canada. At the time of manufacture the vehicle complied with all applicable United States Federal Safety Standards and was labeled from the factory as such. I am faxing you a letter from Kenworth of Canada stating this, along with a letter form Catapillar Inc., the United States manufacturer of the motor, stating that the motor was in compliance with E.P.A. requirements.

The truck was brought into the United States through a licensed broker and all necessary declarations and papers were properly submitted. The vehicle was given Entry Number 551-1346915-3 by U.S. Customs.

I am faxing you another letter from Kenworth of Canada which states that until January 1, 1983 and the implementation of CMVSS 115, a seventeen digit vehicle Identification Number was not required in Canada. As this truck was manufactured prior to this date, it was given the seven digit Vehicle Identification Number M911042.

At my request, Joyce Chapman at the NHTSA office in Seattle faxed me a copy of the FMVSS 115. In paragraph S2, it states that "Vehicles imported into the United States under Article 591 are exempt from requirements of S4.2" which states "each Vehicle Identification Number shall consist of seventeen characters".

Does paragraph S2 of the FMVSS 115 exempt this vehicle from the seventeen digit number requirement and make it legal in the United States with a seven digit number?

United States Customs didn't question the number at time of entry. I subsequently titled the truck in California and the California Department of Motor Vehicles had no problem with the 1981 year model and the seven digit identification number. I have since sold the truck to someone in another state and he is having a problem registering it because the identification number consists of only seven digits.

On June 18, I discussed this situation with Mr. Taylor and his opinion was that the truck was exempt and could be legally imported into the United States with the seven digit number. When I asked for a written statement to that effect, he told me the procedure was to submit a written request for clarification and address it to your attention.

I also discussed with Mr. Taylor whether this truck should have been imported through a "registered importer". He told me that as U.S. Customs had accepted the vehicle's compliance to U.S. Safety Standards and had not required a bond, a registered importer was not required. Could you please also address this matter in your written reply?

I would appreciate anything you could do to process this request for clarification as quickly as possible. Please call me at (619) 477-2515 if you have any questions.

P.S. Please fax your written response to this letter to (619) 477-6249 and mail me the original at this address:

Tim Flagstad 220 West 14th Street National City, CA 91950

Attachments

Letter from Tracy Muncaster, Kenworth Company regarding Canadian Kenworth S/N 911042.

Letter dated 3/6/91 from Jean-Guy Urbain, Kenworth, to Jacques Beauchemin.

Letter dated 3/26/92 from Marvin Monroe, Caterpillar Inc.

(Text of attachments omitted.)