ID: 15521.drn

Mr. Gerald Plante
Manager, Compliance & Technical Liaison
Saab Cars USA, Inc.
4405 - A International Blvd.
Norcross, GA 30093

Dear Mr. Plante:

This responds to your request for an interpretation whether, in a vehicle identification number (VIN), the third position in the fourth section (the twelfth position overall) can be designated with an alphabetical letter, rather than a number. As provided below, the answer is yes.

NHTSA's VIN regulations are at 49 CFR Part 565, Vehicle Identification Number Requirements. Section 565.6, Content requirements, states that the VIN consists of four sections of characters and describes each section. Section 565.6(d)(3) states that: "The third through the eighth characters of the fourth section [i.e., the twelfth through the seventeenth positions of the VIN] shall represent the number sequentially assigned by the manufacturer in the production process if the manufacturer produces 500 or more vehicles of its type annually." (Emphasis added.)

You state that Saab wishes to use an alphabetical letter in the twelfth position of the VIN to "denote the introduction of significant running changes" during a model year. As an example, if a significant running change is made in production beginning with the 25,001 produced vehicle, VIN positions twelve through seventeen would go from A25000 to B25001. Your letter states that positions thirteen through seventeen would remain as sequential serial numbers.

In a telephone conversation with George Entwistle and Dorothy Nakama of this agency, you explained that Saab manufactures fewer than 100,000 worldwide of any Saab model in any model year, and does not use the twelfth position for numbering its vehicles. You also stated that Saab does not wish to use a number in the twelfth position because those unfamiliar with the Saab VIN numbering system may look at the twelfth position and get the mistaken impression that 100,000 or 200,000 of a particular model have been manufactured.

For the following reasons, Saab may use the twelfth VIN position to designate significant running changes made in vehicle production during a model year. The views offered in this interpretation letter are limited to the twelfth VIN position. This letter is also limited to situations where fewer than 100,000 vehicles are manufactured for the U.S. market in a model year.

In a VIN, the twelfth through seventeenth positions (a total of six positions) are available so that manufacturers can number the production sequence of a particular vehicle model in the hundreds of thousands. Because Saab produces fewer than 100,000 of each of its models, the twelfth position presumably has an "0" occupying it. We do not believe there would be ambiguity about or misunderstanding of the meaning of the twelfth position if we permitted use of an alphabetical letter, instead of the 0. The twelfth through the seventeenth positions would "represent" the number sequentially assigned by the manufacturer in the production process, as required by 565.6(d)(3).

In allowing your use of a letter in the twelfth position for production of fewer than 100,000 vehicles, we considered that the purpose of the VIN is "to simplify vehicle identification information retrieval and to increase the accuracy and efficiency of vehicle recall campaigns." (49 CFR 565.1) Identifying significant running changes during the course of a model year could increase the accuracy and efficiency of recall campaigns by limiting the affected vehicles to those manufactured during a specified running change, rather than affecting the entire production run of a model during a model year.

If Saab uses the twelfth VIN position to designate running changes with alphabetical letters, it must comply with the following. Section 565.7(c) requires that manufacturers shall submit to NHTSA the information necessary to decipher the characters contained in its VINs. Amendments to the information shall be submitted to the agency for VINs containing an amended coding. Section 565.7(d) specifies that the information required under paragraph (c) shall be submitted at least 60 days prior to offering for sale the first vehicle identified by a VIN containing that information. Thus, you must inform NHTSA at least 60 days before the offer for sale of the first vehicle with a VIN containing a letter in the twelfth position. Also, Saab must ensure that the letters assigned in the twelfth position are sequentially assigned and are the letters specified in Section 565.4(g). Saab need not notify this agency every time a letter in the twelfth position is changed.

I hope this information is helpful. If you have any further questions, please contact Dorothy Nakama of my staff at this address or at (202) 366-2992.

Sincerely,
John Womack
Acting Chief Counsel
ref:565
d.8/4/97

ID: aiam5452

"Dear Mr. Larson: This responds to your FAX of May 17, 1994, wit reference to the application of conspicuity material to the sides of cryogenic tank trailers. You point out that the only side mounting surface for striping that is perpendicular to the road is at the center of the tank, approximately 90 inches above the road surface. You ask for confirmation of your interpretation that conspicuity material can be placed at this location 'if that is the only available mounting area' and that it is not necessary to add additional structure for the sole purpose of providing a lower vertical mounting surface. We confirm your understanding. Standard No. 108 specified an original mounting height for conspicuity material as close as practicable to 1.25 m. However, in a notice published on October 6, 1993, NHTSA amended the requirement to 'as close as practicable to not less than 375 mm and not more than 1525 mm above the road surface.' The practicability qualification allows manufacturers to choose a location for conspicuity treatment that is outside the specified range to avoid body modifications that might otherwise be required to mount the material within the specified range. The manufacturers of conspicuity material certify its performance in a vertical plane. Trailer manufacturers should mount the material in a vertical plane or as close to a vertical plane as the trailer shape offers, in order to achieve the full conspicuity benefits of the material. In the case of your tank trailer without a suitable vertical surface below the belt line of the tank, reflective material at a belt line that is 90 inches above the road surface would be considered to have been mounted as close as practicable to the upper specification of the height range (1.525 m). As NHTSA observed when it adopted the original mounting height specification with its practicability provision, flexibility in the vertical location of conspicuity material is necessary for compliance of some tank trailers. However, it should not be overlooked that other types of tank trailers may have vertical surfaces on the frame, fenders, or other equipment well suited for conspicuity material. You inform us that some trailers have rear and midship cabinets that could be used, in conjunction with the belt line location, to provide a location for striping, although this would result in a non-aligned striping pattern. With respect to trailers equipped with cabinets, you asked whether compliance would be satisfied if only the belt-line location is used. The answer is yes, provided that the requirement of paragraph S5.7.1.4.2(a) is met, i.e., which provides that 'the strip need not be continuous as long as not less than half of the length of the trailer is covered and the spaces are distributed as evenly as practicable.' Since the strip need not be continuous, this would allow discontinuities in a strip mounted at 90 inches in which the cabinets were not used. Your final question is the required orientation of striping for conspicuity, some of your customers have requested placement of material at a downward angle of approximately 30 degrees to accommodate their graphics better. The standard does not explicitly address the issue of orientation. However, as noted in response to your first question, trailer manufacturers should mount conspicuity material in a vertical plane, or as nearly thereto as the trailer shape allows, so that the full conspicuity benefits of the material may be realized. If there is no available vertical surface on which the material can be mounted, we urge that a wider stripe of conspicuity material be used to provide the minimum required performance at the installed downward angle. The manufacturer of the conspicuity material which you use should be able to determine whether an increase in the width of the striping would allow the material mounted at or near the downward angle that your customer prefers to provide performance comparable to a narrower strip mounted in a vertical plane. Sincerely, Philip R. Recht Chief Counsel";

ID: nht81-2.1

DATE: 03/17/81

FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA

TO: Columbia Body & Equipment Co.

TITLE: FMVSS INTERPRETATION

TEXT:

NOA-30

Ms. Joan Morton Bookkeeping Department Columbia Body & Equipment Co. 123 N.E. Oregon Street Portland, OR 97232

Dear Ms. Morton

This is in response to your letter forwarding your firm's vehicle identification numbering system and requesting confirmation that it complies with Federal Motor Vehicle Safety Standard No. 115 -Vehicle identification number.

The National Highway Traffic Safety Administration (NHTSA) does not give advance approval of a manufacturer's compliance with motor vehicle safety standards or regulations, as it is the manufacturer's responsibility under the National Traffic and Motor Vehicle Safety Act to ensure that its vehicles comply with the applicable safety standards. However, my office has reviewed your proposed system. Based on our understanding of the information which you have provided, your system apparently complies with Standard No. 115.

Sincerely,

Frank Berndt Chief Counsel

November 25, 1980

Administrator National Highway Traffic Safety Administration 400 7th Street S.W. Washington, D.C. 20590

ATTENTION: VIN COORDINATOR Ref: Per conversation with Frederick Schwartz 11-24-80 Gentlemen:

Per Motor Vehicle Safety Standard Part 571, S6, Page 17500 reporting requirements, the following is an explanation of Columbia Body & Equipment Co.'s assigned values in regards to the 17 character vehicle identification number as called for by the amendment to Safety Standard 115.

POSITION 1 = 1

POSITION 2 = B (These characters uniquely identify C.B.E. as the Manufacturer - Registered with SAE) see attached letter

POSITION 3 = 9

POSITION 4 = (Type of Trailer) A - Pintle type Pull, B - Full, C -Gooseneck 5th Wheel, D - Straight Semi, E - Ball Type Pull, F -Custom

POSITION 5 = (Body Type) A - Utility, B - Van Body, C - Flat Bed D -Dump, E - No Body

POSITION 6 = (Trailer length) consecutively - example: 09 - 9' Long,

POSITION 7 = 10 - 10' Long, 11 - 11' Long etc. all lengths are rounded to the nearest foot.

POSITION 8 = (Axle Configuration) or number of axles. 1 - 2 - 3 -4 -5 etc.

POSITION 9 = Check Digit Number

POSITION 10 = (Model Year) - A - '80, B - '81, C - '82, D - '83 etc.

POSITION 11 = (Plant of Manufacture) - P - Portland

POSITION 12 = (C.B.E.'s unique identifiers as registered through SAE)

POSITION 13 = Consecutively - see attached letters

POSITION 14 = 018 - Specialty Trailers/Commercial Trailers 003 - Pony Trailer/Commercial Trailers 004 - Belly Dump Trailer/Commercial Trailers

POSITION 15 = (Represents the number sequentially assigned by C.B.E. to

POSITION 16 = each new trailer) Consecutively 368, 369, 370, etc.

POSITION 17 =

Please acknowledge if the above is correct. I have enclosed a carbon copy of this letter to be returned to me with a place for you to sign and a self addressed envelope for your convenience. Thank you.

Very truly yours,

COLUMBIA BODY & EQUIPMENT COMPANY

Joan Morton Bookkeeping Dept.

March 1, 1979

Mr. Thomas J. Hickman Columbia Body and Equipment Co. 123 N. E. Oregon Street Portland, OR 97232

Dear Mr. Hickman:

Thank you for your completed application form for the assignment of World Manufacturer Identifier (WMI) Codes. We would like to confirm the following assignments:

Columbia Body and Equipment Company 123 N.E. Oregon Street Portland, Oregon 97232 UNITED STATES 1 B 9 (with 3rd, 4th, and 5th characters of Pony Trailer/ Vehicle Identifier Section to be 0 0 3) Commercial Trailer

1 B 9 (with 3rd, 4th, and 5th characters of Belly Dump Trailer/ Vehicle Identifier Section to be 0 0 4) Commercial Trailer

Sincerely,

Leo P. Ziegler, Jr.

Manager, Motor Vehicle Safety and Environment Program

pd

cc: M. Dixon D. Wolfslayer

November 3, 1980

Ms. Joan Morton Columbia Body & Equipment Company 123 N.E. Oregon Street Portland, Oregon 97232

Dear Ms. Morton:

This letter confirms our recent telephone conversation on the assignment of a World Manufacturer (Maker) Identifier (WMI) Code. As the agent of the NHTSA for the assignment of manufacturer identifiers pursuant to S 4.5.1 of FMVSS 115, we hereby confirm the following code:

Columbia Body & Equipment Company 123 N.E. Oregon Street Portland, Oregon 97232 UNITED STATES

1 B 9 with teh 3rd, 4th & 5th characters of the Vehicle Indicator Section to be 0 1 8

Specialty Trailers/Commercial Trailers

Yours truly,

Leo P. Ziegler, Jr. Manager, Motor Vehicle Safety and Environment Program

LPZ/dms

cc: M. W. Dixon N. F. Erickson B. P. Hickey

ID: aiam4926

"Dear Mr. Buonora: This responds to your letter of November 1, 1991 'regarding the removal of the operating handle for the reclining mechanism of the 1991 Chevrolet police car split bench seat.' You asked for 'a written determination stating whether or not the removal of the operating handle violates the seat safety standard and any possible NYPD legal liability in the event of an accident.' I am pleased to have this opportunity to explain the requirements of Federal law for you. The National Traffic and Motor Vehicle Safety Act (Safety Act) authorizes this agency to issue safety standards for new motor vehicles and new items of motor vehicle equipment. The Safety Act requires manufacturers to certify that each of their new vehicles or new items of equipment complies with all applicable safety standards at the time the product is delivered to the first purchaser in good faith for purposes other than resale. After a vehicle is delivered to the first purchaser for purposes other than resale, modifications to the vehicle are affected by section 108(a)(2)(A) of the Safety Act (15 U.S.C. 1397(a)(2)(A)). That section prohibits any manufacturer, dealer, distributor, or repair business from 'rendering inoperative' any device or element of design installed in a vehicle in compliance with a safety standard. Therefore, if a business in any of the aforementioned categories removed the reclining mechanism operating handle, it would need to ensure that the vehicle continued to comply with all applicable safety standards following the removal. Please note that section 108(a)(2)(A) does not affect modifications made by vehicle owners to their own vehicles. Therefore, the City of New York Police Department may itself remove the operating handle for the seat reclining mechanism on vehicles it owns without violating the 'render inoperative' provision or any other provisions of the Safety Act, even if such removal did result in the vehicle no longer complying with all applicable safety standards. However, the individual States have the authority to regulate the modifications that owners can make to their own vehicles. You should contact the State of New York to learn if it has enacted any laws or regulations that apply to your planned modification. In addition, since legal liability is a matter of state law, you may wish to consult with an attorney familiar with the law in the State of New York regarding potential liability. I hope you find this information helpful. If you have further questions, please contact Mary Versailles of my staff at this address or by telephone at (202) 366-2992. Sincerely, Paul Jackson Rice Chief Counsel";

ID: 6845blackout_switch

Matt Walling, Chief of Police
4401 Rowlett Rd.
Rowlett, TX 75088




Dear Chief Walling:

This is in reply to an inquiry from Lieutenant Marvin Gibbs of your department regarding the installation of a "blackout switch," i.e., a switch that disconnects a vehicles stop lamps and back-up lamps, on a patrol vehicle. As explained below, a motor vehicle repair business would be prohibited from installing such a device.

In a telephone conversation with Mr. Chris Calamita of my staff, Lieutenant Gibbs asked about the installation of "blackout switches" in patrol vehicles. Lieutenant Gibbs specifically asked if the switches could be installed by a contracted party.

Generally, our standards apply to motor vehicle equipment as manufactured up until the point of first retail sale. However, even after first retail sale a manufacturer, distributor, dealer, or repair business cannot "knowingly make inoperative any device or element of design installed on or in a motor vehicle or item of motor vehicle equipment in compliance with an applicable motor vehicle safety standard" (49 U.S.C. 30122; "make inoperative" prohibition).

I enclose a letter from this Office dated April 4, 2002, to Lee M. Calkins. In that letter, we pointed out that, under the "make inoperative" prohibition a blackout switch could not be installed by any of the above named businesses. Under Section 30122(a), a motor vehicle repair business means "a person holding itself out to the public to repair for compensation a motor vehicle or motor vehicle equipment. If the party with which your department contracted were within the definition of "motor vehicle repair business", it would be prohibited from installing such a switch. I note that the "make inoperative" prohibition does not apply to modifications made to a vehicle by its owner.

If you have any questions, you may telephone Mr. Calamita of this Office at (202) 366-5263.

Sincerely,

Stephen P. Wood
Assistant Chief Counsel
for Vehicle Safety Standards and Harmonization

Enclosure
ref:108
d.9/15/05

ID: Barbara Y

ID: aiam1577

Dear Mr. Martin: We confirm your interpretation of S5.3.2 of Motor Vehicle Safet Standard No. 105-75, expressed in your letter of August 2, 1974, to Dr Gregory, that the engine 'start' position may be used as a check position for indicator lamp function.; The phrase in S5.3.2 'when the ignition (start) switch is in a positio between 'on' ('run') and 'start'' is intended to include both 'on' and 'start' as well as any position between.; Application of the parking brake as an indicator check will no longe be permitted for vehicles manufactured after the effective date of Standard 105-75.; Yours truly, Richard B. Dyson, Acting Chief Counsel

ID: 2109y

Mr. Mark F. Holmes
2605-C Norris Ct.
Philadelphia, PA 19121

Dear Mr. Holmes:

This is in reply to your letter of September 28, 1989, with respect to two lighting devices known as the Strobalarm and the Spotlight Alarm. You are interested in selling these devices in the aftermarket, and have asked whether they would be in violation of any of the standards and regulations of this agency.

These devices are "designed to be used only when a vehicle is parked or broken down." As we understand your letter and the materials you enclosed, both devices can be incorporated into existing alarm systems, to indicate when an attempted theft is in progress. The "locator" feature of the devices allows activation from a distance of 400 feet, enabling an approaching owner to easily identify his vehicle. With the use of a pink colored lens, the Strobalarm is intended to serve as an "emergency distress flare." You have enclosed two color renderings of these devices, titled "Interior/Strobe Alarm Light," and "Alarm Strobe Light Collision Avoidance Light."

The Federal law and regulation that must be considered to answer your question are the National Traffic and Motor Vehicle Safety Act (Title 15, United States Code, Sections 138l and following), and Federal Motor Vehicle Safety Standard No. l08 Lamps, Reflective Devices and Associated Equipment (Title 49, Code of Federal Regulations, Section 571.108), and Standard No. lll Rearview Mirrors (49 CFR 571.111). Under Section 1397(a)(2)(A) of the Act, a manufacturer, distributor, dealer, or motor vehicle repair business may not render inoperative, in whole or in part, any item of equipment installed in accordance with a Federal motor vehicle safety standard. You will note that this prohibition does not extend to the vehicle owner.

Thus, the question to be addressed is whether the installation of either device by a manufacturer, distributor, dealer, or motor vehicle repair business would affect the performance of required safety equipment. The "Interior Strobe/Alarm Light" appears intended as a "dome" light, mounted centrally on the headliner above the passenger seats. In this position it has the potential to affect the field of view of the inside rear view mirror required by Standard No. lll, as prescribed by paragraph S5.1.1 (copy enclosed). If the field of view is not met, an outside rearview mirror must be provided on the passenger side. You have not provided the dimensions of this device, and we are unable to advise you further. Other than this cautionary note, the "Interior Strobe/Alarm Light" does not appear affected by the laws and regulations of this agency. It would, however, be subject to state and local laws where it is sold and used. We are unable to advise you on these, and suggest you contact the American Association of Motor Vehicle Administrators (AAMVA) for an opinion. Its address is 4600 Wilson Boulevard, Arlington, VA 22203.

The "Alarm Strobe Light Collision Avoidance Light" raises another consideration. The collision avoidance portion of the lamp appears intended to serve as a center highmounted stop lamp. Under paragraph S5.4 of Standard No. l08, the center lamp may not be combined with any other lamp or reflective device. Thus, removal of an original equipment center lamp and substitution of your device by a person other than the vehicle owner would be regarded as partially rendering inoperative the original safety equipment, even if your device complied with all other requirements for the center lamp. The center lamp has been required on all passenger cars manufactured on or after September 1, l985.

The restriction does not apply, of course, to installation on passenger cars manufactured before September 1, l985, or other types of motor vehicles regardless of date of manufacture. Consideration must still be given, however, to continued compliance with Standard No. lll, and to whether any state specifications exist covering aftermarket center stop lamps. Again, the AAMVA may be able to help you.

I hope that this information is useful to you.

Sincerely,

Stephen P. Wood Acting Chief Counsel

Enclosure / ref:VSA#l08#lll d:l0/3l/89

ID: aiam5580

Dear Mr. Quinata: This responds to your letter asking whether use Nissan Truck Crane Lorries from Japan are subject to the Federal Motor Vehicle Safety Standards (FMVSS). I apologize for the delay in our response, but we had difficulty contacting Nissan for some information we needed to answer your question. From your letter, I assume that Sanko Bussan Guam has imported this vehicle for use in the dock area, and that your agency is holding the vehicle pending this interpretation because the vehicle is not certified as complying with the FMVSS. The short answer to your question is that the truck crane is a motor vehicle, subject to the FMVSS. I will outline the applicable law and point out some of our regulations that you should consider. The issue you raise is whether the truck crane is a 'motor vehicle,' since the regulations you ask about apply only to motor vehicles. Title 49 of the U.S. Code, section 30102(a)(6), defines a motor vehicle as 'a vehicle driven or drawn by mechanical power and manufactured primarily for use on public streets, roads, and highways . . . .' Work-related vehicles generally are 'motor vehicles' for purposes of our statute if they frequently use the highway going to and from job sites and stay at a job site for only a limited time. We believe the truck crane is a motor vehicle. Nissan Diesel North America informs us that this truck crane is a general purpose medium-duty crane that can be used for short-duty jobs and driven from site to site on the public roads. The photographs you enclosed show the crane mounted on what appears to be a conventional truck chassis. The vehicle appears to be manufactured for use on the highways, and is thus a motor vehicle. The vehicle is a 'truck' under our regulations, and must meet the FMVSSs for trucks that were in effect on the vehicle's date of manufacture. As you know, NHTSA has regulations related to the importation of vehicles. They appear in the Code of Federal Regulations (CFR), at parts 591 to 593. In particular, note the declarations in 49 CFR 591.5 that are required for importation. Since your letter says that you enforce the FMVSSs in 49 CFR Part 571, I assume you have a copy of Parts 591-593. If you do not, we can send one to you. I hope this information is helpful. If you have any further questions about NHTSA's safety standards, please contact Paul Atelsek of my staff at this address or by telephone at (202) 366-2992. Sincerely, John Womack Acting Chief Counsel NCC-20:PAtelsek:62992:OCC 10868:5/22/95:revised 7/3/95;

ID: nht80-1.12

DATE: 02/08/80

FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA

TO: Brotherhood Racing

TITLE: FMVSS INTERPRETATION

TEXT: This is in response to your conversation with Mr. Hugh Oates of my office concerning the manufacture and installation of replacement fuel tanks.

Enclosed please find (1) a copy of a letter concerning the legal implications of replacing a vehicle's fuel tank with a larger tank, (2) a copy of a letter concerning the legal implications of building and installing auxiliary fuel tanks which discusses issues also relevant to replacement fuel tanks and (3) a notice describing how to obtain copies of motor vehicle safety standards and regulations.

In addition to the points raised in the enclosed letters, I would like to point out two additional factors. First, please note that if you go into the business of manufacturing replacement fuel tanks you must submit identifying information and a description of the items you produce to this agency in accord with 49 CFR Part 566 (copy enclosed).

Second, as you will note from the enclosed letters, a manufacturer or other person specified in the National Traffic and Motor Vehicle Safety Act who installs an auxiliary or replacement fuel tank in a new or used vehicle must not compromise the vehicle's compliance with relevant safety standards. Thus, in installing replacement fuel tanks you should be aware not only of any effect that your installation may have upon the vehicle's fuel system (see Federal Motor Vehicle Safety Standard 301-75, Fuel System Integrity), you should also be aware that your installation might affect, among othert things, the vehicle's braking system (see Safety Standard No. 105-75, Hydraulic Brake Systems) or the vehicle's weight as it relates to safety standards concerning tires (see Safety Standard No. 110, Tire Selection and Rims, applicable to passenger cars, and Safety Standard No. 120, Tire Selection and Rims for Motor Vehicles Other Than Passenger Cars).

I hope that you will find the enclosed material helpful. If you have any further questions, please feel free to call Ms. Debra Weiner of my office at 202-426-2992.

ENCLS.