Interpretation ID: nht91-5.17

DATE: August 8, 1991

FROM: Paul Jackson Rice -- Chief Counsel, NHTSA

TO: Gabriella Petersen; Hans Petersen -- Petersen Engineering GmbH

TITLE: None

ATTACHMT: Attached to letter dated 5-16-91 from Petersen Engineering GmbH (OCC 6161)

TEXT:

This responds to your letter requesting information concerning whether any law in the United States requires the marking or coding of a number of structural parts of certain motor vehicles. As discussed below, the Federal Motor Vehicle Theft Prevention Standard (49 CFR Part 541) (Theft Highway Traffic Safety Prevention Standard), issued by the National Administration (NHTSA), specifies requirements for identifying numbers or symbols to be placed on major parts of certain high theft passenger automobiles.

The Theft Prevention Standard was issued pursuant to the Motor Vehicle Theft Law Enforcement Act, which is Title VI of the Motor Vehicle Information and Cost Savings Act (15 U.S.C. 2023(a)(2). Congress passed Title VI in order to reduce the number of motor vehicle thefts by making it easier for law enforcement officials to trace and recover parts from stolen automobiles. Some of the more important provisions are section 603(a)(2), that specifies that NHTSA shall select the high theft lines that are subject to the Theft Prevention Standard, with the agreement of the manufacturer, if possible. Section 603(d) provides that once a line has been designated as a high theft line, it remains subject to the Theft Prevention Standard unless that line is exempted under section 605 of the Cost Savings Act. Section 605 provides that a manufacturer may petition to have a high theft line exempted from the requirements of the Theft Prevention Standard, if the line is equipped as standard equipment with an antitheft device. The exemption is granted if NHTSA determines that the antitheft device is likely to be as effective as compliance with the Theft Prevention Standard in reducing and deterring motor vehicle thefts.

To implement these statutory requirements, NHTSA promulgated the Theft Prevention Standard in 1985. The standard requires manufacturers to affix or inscribe vehicle identification numbers (VINs) onto the following 14 major original equipment and replacement parts of certain high theft passenger automobiles: engine, transmission, right front fender, left front fender, hood, right front door, left front door, right rear door, left rear door, front bumper, rear bumper, right rear quarter panel, left rear quarter panel, and if present, the decklid, tailgate, or hatchback. The agency annually publishes a list of the high theft car lines that have been selected for previous model years and includes new car lines selected for the most current model year. The most recent list of high theft car lines was published on September 11, 1990.

As you requested, I am enclosing copies of the September 1990 list of high theft car lines, the Cost Savings Act, and the Theft Prevention Standard.

I hope this information is helpful. If you have any further questions or need any additional information about this topic, please feel free to write to me again.