Interpretation ID: nht88-3.62

TYPE: INTERPRETATION-NHTSA

DATE: 10/04/88

FROM: FRANK J. TRECY -- GENERAL MANAGER - MANUFACTURING MILLER STRUCTURES, INC.

TO: ERIKA Z. JONES -- CHIEF COUNSEL NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION

TITLE: NONE

ATTACHMT: ATTACHED TO LETTER DATED 12/30/88 FROM ERIKA Z. JONES -- NHTSA TO FRANK J. TRECY, REDBOOK A33 (4), VSA 102 (3), STANDARD 115; LETTER DATED 11/14/88 FROM F. J. TRECY TO ERIKA Z. JONES, OCC 2811

TEXT: Dear Ms. Jones,

I am writing with regard to an interpretation of the Federal Motor Vehicle Safety Standard No. 115, subpart S2, titled: Application.

I called your office and was told it would be better to put my request in writing. After you have reviewed my request, I was told I could expect an interpretation shortly.

Miller Structures, Inc. primarily manufactures offices, storage buildings, classrooms, laboratories, branch banks, medical clinics and other related commercial buildings. The buildings are constructed in widths of 8, 10, 12, and 14 feet, with lengths ranging from 10 to 80 feet. I do not classify them as over-the-road type trailers. A considerable number of our units go to a location, are placed on a foundation and remain there permanently. The remainder are placed on a location for varying length s of time and are then re-located. A good description of our product would be a permanent or relocatable type commercial building.

It has been my interpretation that we are exempt from implementing the VIN identification system. At the present time, we are using a numerical system of serial number identification and once a serial number is used, it is never used again.

The state of South Dakota has issued a directive stating all trailer manufacturers would have to implement the VIN system by January 1, 1989. I spoke with Ms. Deb Hillmer, Deputy Director of the Division of Motor Vehicles, regarding the interpretatio n stated herein. Ms. Hillmer stated that if the National Highway Traffic Safety Administration concurs with my interpretation, she would accept it.

Therefore, I am requesting an interpretation of this matter from your office. Thanking you in advance, I remain,

Sincerely,