Certification |
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Barry Felrice
National Highway Traffic Safety Administration
Federal Register
September 26, 1994
[Federal Register: September 26, 1994]
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DEPARTMENT OF TRANSPORTATION
49 CFR Part 567
Certification
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Denial of petition for rulemaking.
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SUMMARY: This notice denies a petition for rulemaking submitted by the
American Association of Motor Vehicle Administrators (AAMVA) concerning
vehicle identification numbers (VINs). One of this agency's Federal
motor vehicle safety standards requires all motor vehicles to have a
VIN. In addition, NHTSA's certification regulation requires the
certification label on each motor vehicle to bear that vehicle's VIN.
AAMVA suggested that NHTSA amend its certification regulation to
require the VIN of each trailer to be marked in a second location on
the trailer to ensure the VIN is present on the vehicle in the event
the certification label becomes illegible or lost. The petitioner also
believes marking the VIN in a second location will help state officials
find the VIN during vehicle inspections.
NHTSA is denying the petition because the agency has an ongoing
rulemaking on the issue of improving the permanency and legibility of
vehicle certification labels on trailers and other motor vehicles.
Since those labels include the VIN, possible improvements to
certification labels would address petitioner's concerns about the
permanency and legibility of the VIN.
FOR FURTHER INFORMATION CONTACT: Dr. Leon DeLarm, Chief, Pedestrian,
Heavy Truck and Child Crash Protection Division, Office of Vehicle
Safety Standards, National Highway Traffic Safety Administration, 400
Seventh Street, SW, Washington, DC 20590; (202) 366-4920.
SUPPLEMENTARY INFORMATION:
NHTSA's certification regulation, 49 CFR 567, Certification,
requires motor vehicle manufacturers to affix a certification label to
each motor vehicle. The label constitutes the manufacturer's
certification that the vehicle complies with all applicable Federal
motor vehicle safety standards. Section 567.4 specifies where the label
must be located and what information it must include. With respect to
trailers, the label must be located on the forward half of the left
side of the vehicle such that it is easily readable from outside the
vehicle without moving any part of the vehicle. One of the items of
information required to be displayed on the label is the VIN.
The VIN is a unique identifier that facilitates NHTSA's analysis of
accident data and assessment of vehicle recall campaigns. Standard No.
115, Vehicle Identification Number--Basic Requirements, 49 CFR 571.115,
requires each motor vehicle to have a VIN. It further requires the VIN
to be marked clearly and indelibly either on a part of the vehicle that
is not designed to be removed or on a separate plate or label, such as
the vehicle certification label required by 49 CFR 567. 49 CFR 565,
Vehicle Identification Number--Content Requirements, specifies the
content and format for the VIN. Among other things, Part 565 requires
the VIN to provide information on the characteristics of the vehicle,
such as its gross vehicle weight rating (GVWR).
Since a trailer's VIN is placed on the certification label, the
extent to which a trailer's VIN remains legible throughout the life of
the vehicle depends on the permanency of that label. Part 567 specifies
that, unless riveted, the label must be permanently affixed such that
it cannot be removed without destroying it (Sec. 567.4(b)). However,
Part 567 does not specify any other requirements that ensure the
permanency of the certification label, such as requiring the label to
be fabricated from a durable material.
The Petition
AAMVA petitioned NHTSA to improve the permanency of the VIN
marking. AAMVA petitioned on behalf of its members, state motor vehicle
administrators. They use the VIN to register vehicles, to determine
proper ownership of vehicles, and to find the GVWR that the vehicle
manufacturer assigned to the vehicle. The petitioner said that state
officials use the GVWR information for, among other purposes,
determining whether a vehicle is overloaded on the highways. AAMVA
suggested that NHTSA require trailers to have the VIN stamped, etched
or otherwise permanently marked in a location other than the
certification label. AAMVA stated that certification labels are
typically plastic coated and become illegible with age and exposure to
the elements. Thus, the information on the label--particularly the
VIN--becomes ``illegible long before the useful life of the trailer''
ends. Petitioner believed that a second VIN marking would provide a
backup means for determining the weight ratings and other pertinent
information for the trailer.
Agency Decision
NHTSA is denying AAMVA's petition. The petitioner's justification
for its suggestion, missing GVWR information, is being addressed for
trailers in a separate NHTSA rulemaking. That rulemaking action seeks
to improve the permanency and legibility of the certification labels
used on commercial motor vehicles. It was initiated when NHTSA granted
in part a petition for rulemaking submitted by the Michigan Department
of State Police (MDSP).
The MDSP raised concerns similar to those of the AAMVA regarding
the ability of state officials to locate GVWR and VIN information on
commercial vehicles. The MDSP stated that law enforcement officers
often have difficulty determining the GVWRs of commercial vehicles
because the labels on those vehicles are often damaged, painted over or
removed, usually accidently, during the life of the vehicle. The
petitioner believed that a vehicle's VIN and GVWR information should be
made more accessible and legible on commercial vehicles to enable
police officers to more readily inspect and investigate commercial
vehicles during routine traffic stops. Among other things, the MDSP
suggested requiring certification labels for large commercial vehicles,
including trailers, to be made of metal, with raised or recessed
letters and numbers (see RIN 2127-AE71).
In response to the MDSP petition, NHTSA will consider the need to
improve the permanency and legibility of the certification labels for
large trailers, and possible ways to improve the labels. Since these
labels include the VIN, any improvements to the certification label
will have the effect of improving the permanency and legibility of the
VIN. In addition, NHTSA will request comments in that rulemaking on
whether small trailers should also meet the requirements being proposed
for large trailers, and whether some different approach, other than the
proposed metal label requirement, would be more effective for the
certification labels. Since that rulemaking will address AAMVA's
concerns about the permanency and legibility of VIN markings, AAMVA's
petition is moot.
Authority: 49 U.S.C. 322, 30111, 30162; delegations of authority
at 49 CFR 1.50 and 501.8.
Issued on September 21, 1994.
Barry Felrice,
Associate Administrator, for Rulemaking.
[FR Doc. 94-23731 Filed 9-23-94; 8:45 am]
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