Interpretation ID: Unassembled_motorcycles

Mr. Kevin Alsop
Big Bear Choppers, Inc.
P.O. Box 3021
Big Bear City, CA 92314

Dear Mr. Alsop:

This responds to your request for an interpretation of how regulations of the National Highway Traffic Safety Administration (NHTSA) would apply to the manufacture of complete, unassembled motorcycles. As explained below, the agency would treat such a vehicle, regardless of the state of assembly, as a motorcycle for the purpose of our regulations.

In your letter and in a telephone conversation with Mr. Eric Stas of my staff, you stated that your company, Big Bear Choppers Inc. (Big Bear), manufactures and sells motorcycle frames and complete, unassembled motorcycles. You further stated that the complete, unassembled motorcycles comply with all applicable Federal motor vehicle safety standards. You also stated that the frame of each complete, unassembled motorcycle is assigned a VIN, presumably that complies with our regulations. You then asked if we require the assignment of a VIN to complete, unassembled motorcycles such as those manufactured by Big Bear.

By way of background, the National Highway Traffic Safety Administration (NHTSA) has authority to establish regulations for motor vehicles and motor vehicle equipment (see 49 U.S.C. Chapter 301). The statutory definition of "motor vehicle" states, in part, that a "motor vehicle" is a vehicle that is "driven by mechanical power" (49 U.S.C. 30102(a)(6)).

If an unassembled vehicle were sold with all of the parts needed to produce a completed vehicle, including the power source, we would treat the unassembled vehicle as a motor vehicle for the purpose of our regulations. See letters to Christopher Banner, dated July 9, 1993, and Ron Dawson, dated March 29, 1999 (copies enclosed).

Part 565 of our regulations specifies the format, content and physical requirements for a VIN and its installation to simplify vehicle identification information retrieval and to increase the accuracy and efficiency of vehicle recall campaigns (49 CFR Part 565). This Part is applicable to motorcycles. Therefore, the complete, unassembled motorcycle would be required to comply with vehicle identification number (VIN) requirements.

We also note that under 49 CFR 567.4(g)(1)(ii):

If a vehicle is fabricated and delivered in complete but unassembled form, such that it is designed to be assembled without special machinery or tools, the fabricator of the vehicle may affix the [certification] label and name itself as the manufacturer[.](Emphasis added. )

Finally, your letter asked a series of questions regarding the issuance of manufacturer statements of origin (MSO), the legality of registering an unassembled vehicle, and the issuance of a bill of sale. MSO, vehicle registration, and bills of sale are matters of State law. Our regulations do not govern these issues.

I hope this information is helpful. If you have any further questions, please call Mr. Chris Calamita of my staff at (202) 366-2992.

Sincerely,

Jacqueline Glassman
Chief Counsel

Enclosures
ref:571.3#565
d.2/16/05