Interpretation ID: nht94-3.37

TYPE: INTERPRETATION-NHTSA

DATE: June 13, 1994

FROM: Mary B. Falls -- Sherrard and Roe, Nashville, TN

TO: Office of General Counsel, NHTSA

TITLE: Re: Vehicle Identification Numbers

ATTACHMT: Attached to letter dated 09/08/94 from John Womack to Mary B. Falls (A42; STD. 115)

TEXT: Our firm represents Nissan Motor Manufacturing Corporation USA, who manufactures cars and light trucks in Smyrna, Tennessee. We have been advised that, from time to time, leased Nissan automobiles are stolen for the purpose of removing the plate contain ing the vehicle identification number ("VIN") from the dashboard of the leased car. In most cases, the leased vehicle is recovered with very little damage other than damage associated with the removal of the VIN plate. NMMC has asked us to determine ho w replacement VIN plates can be obtained for these stolen vehicles and what additional steps, if any, must Nissan or the vehicle lessee take to satisfy state and federal laws with respect to the issuance of a new VIN plate. While Tennessee statutes clea rly contemplate the issuance of replacement VIN plates, we have found no federal statute or regulation which addresses this particular issue. Among the various federal regulations we have reviewed are the following: 49 C.F.R. 565 and 49 C.F.R. 571.115. In addition to researching the federal statutes and regulations. we have contacted Peggy Proctor at the National Highway Transportation Safety Administration. This letter is submitted to you at the request of Ms. Proctor.

The issue we submit to you is as follows: If Nissan complies with the requirements prescribed by the State of Tennessee for the issuance of replacement VIN plates, will Nissan also be in full compliance with applicable federal statutes and regulations pertaining to vehicle identification numbers? If not, what additional steps must Nissan take to ensure full compliance with federal laws and regulations? For your convenience, the balance of this letter describes the process pursuant to which the State of Tennessee will issue replacement VIN plates to Nissan.

Section 55-5-111 of Tennessee Code Annotated provides that it is a Class C misdemeanor for any person to buy, sell, offer for sale, or possess a motor vehicle from which the manufacturer's serial, engine, or transmission number or other distinguishing number or identification mark or number has been removed, defaced, covered, altered, or destroyed. In addition, @ 55-5-112 provides that the owner of an original engine, serial, transmission, or "other number or mark" may restore such number or mark pu rsuant to a permit issued by the Criminal Investigation Unit of the Tennessee Department of Safety.

Upon written request by the owner of a stolen VIN plate, the Criminal Investigation Unit will issue one (1) replacement VIN plate. Because the vehicles in question are leased, Nissan (as owner) would be the party making the request for the replacemen t plate. In addition to requesting a replacement VIN plate, the written request must include a copy of the certificate of title for the automobile in question (thus verifying the original VIN for that automobile), a copy of the theft recovery report for the automobile in question, and a check in the amount of $ 10.00. Once Nissan receives the replacement VIN plate, the plate is affixed to the door jamb of the vehicle. We have been advised that the replacement VIN plate contains a "control number" whi ch indicates that it is a replacement plate issued by the Tennessee Department of Safety. Apparently this control number permits the vehicle to be tracked and differentiates it from the vehicle bearing the stolen VIN plate. Because the replacement VIN plate bears the same VIN as the original VIN plate, the certificate of title for the automobile, the VIN stamped on other parts of the automobile, and the manufacturer's label affixed to the door of the car do not need to be changed.

Because these leased vehicles cannot be operated without replacement VIN plates, a prompt response would be greatly appreciated. Of course, if you have any questions, we would be pleased to provide any additional information that you desire.