Appendix_B_-_NHTSA_Trailer_Requirements.pdf

07/07

REQUIREMENTS FOR

MANUFACTURERS OF TRAILERS

PRODUCED FOR DISTRIBUTION WITHIN

THE U.S. MARKET

a person may not manufacture for sale, sell, offer for sale, introduce or deliver for introduction in interstate commerce, or import into the United States, any motor vehicle or motor vehicle equipment manufactured on or after the date an applicable motor vehicle safety standard prescribed under this chapter [49 USCS §§ 30101 et seq.] takes effect unless the vehicle or equipment complies with the standard and is covered by a certification

Overview of initial requirements

The United States Code, at section 49 U.S.C. 301, provides that, as a general rule, a person may not manufacture for sale, sell, offer for sale, introduce or deliver for introduction in interstate commerce, or import into the United States, any motor vehicle or motor vehicle equipment manufactured on or after the date an applicable motor vehicle safety standard prescribed under this chapter takes effect unless the vehicle or equipment complies with the standard and is covered by a certification issued under section 30115:

http://www.nhtsa.dot.gov/nhtsa/Cfc_title49/MotorVehicleSafety-2006.htm#30112

It also provides that whoever violates safety regulations issued there-under, will be subject to a civil penalty not to exceed $6,000 for each violation, or $16,375,000 for any related series of violations: http://www.nhtsa.dot.gov/nhtsa/Cfc_title49/MotorVehicleSafety-2006.htm#30165

49 CFR 551, Subpart D, details the requirements that a foreign manufacturer must comply with in order to designate a valid US agent for service of process:

http://www.access.gpo.gov/nara/cfr/waisidx_06/49cfr551_06.html

49 CFR Part 565 specifies the format, content and physical requirements for a vehicle identification number (VIN) system and its installation to simplify vehicle identification information retrieval and to increase the accuracy and efficiency of vehicle recall campaigns:

http://www.access.gpo.gov/nara/cfr/waisidx_06/49cfr565_06.html

49 CFR Part 566 requires manufacturers of motor vehicles, and of motor vehicle equipment to which a motor vehicle safety standard applies, to submit identifying information and a description of the items they produce: http://www.access.gpo.gov/nara/cfr/waisidx_06/49cfr566_06.html

49 CFR Part 567 specifies the content and location of certification labels required to be affixed to motor vehicles: http://www.access.gpo.gov/nara/cfr/waisidx_06/49cfr567_06.html

49 CFR Part 573 requires manufacturers of motor vehicles, determined to be non compliant with an applicable FMVSS or determined to contain safety-related defect/s, to furnish notification to the Secretary, and to remedy the defect or the failure to conform, with out cost to the consumer:

http://www.access.gpo.gov/nara/cfr/waisidx_06/49cfr573_06.html

49 CFR 574 sets forth the methods by which purchasers may report their names to the new tire manufacturers and new tire brand name owners, and by which other tire dealers and distributors shall record and report the names of tire purchasers to the new tire manufacturers and new tire brand name owners. http://www.access.gpo.gov/nara/cfr/waisidx_06/49cfr574_06.html

49 CFR Part 575 contains requirements for manufacturers to provide to the purchaser a statement in the owner's manual, or, if there is no owner's manual, on a one-page document:

http://www.access.gpo.gov/nara/cfr/waisidx_06/49cfr575_06.html

49 CFR 576 contains requirements for manufacturers of motor vehicles and of motor vehicle equipment, to retain claims, complaints, reports, and other records concerning alleged and proven motor vehicle or motor vehicle equipment defects and malfunctions that may be related to motor vehicle safety: http://www.access.gpo.gov/nara/cfr/waisidx_06/49cfr576_06.html http://www.nhtsa.dot.gov/nhtsa/Cfc_title49/MotorVehicleSafety-2006.htm#30112 http://www.nhtsa.dot.gov/nhtsa/Cfc_title49/MotorVehicleSafety-2006.htm#30165 http://www.access.gpo.gov/nara/cfr/waisidx_06/49cfr565_06.html http://www.access.gpo.gov/nara/cfr/waisidx_06/49cfr566_06.html http://www.access.gpo.gov/nara/cfr/waisidx_06/49cfr567_06.html http://www.access.gpo.gov/nara/cfr/waisidx_06/49cfr573_06.html http://www.access.gpo.gov/nara/cfr/waisidx_06/49cfr574_06.html http://www.access.gpo.gov/nara/cfr/waisidx_06/49cfr575_06.html http://www.access.gpo.gov/nara/cfr/waisidx_06/49cfr576_06.html

Other pertinent NHTSA Internet sites:

Federal Safety Regulations: www.access.gpo.gov/nara/cfr/waisidx_06/49cfrv6_06.html#501

FMVSS: www.access.gpo.gov/nara/cfr/waisidx_06/49cfr571_06.html

Interpretations: www.nhtsa.dot.gov/cars/rules/interps

Frequently Asked Questions: www.nhtsa.dot.gov/cars/rules/import

Compliance Test Procedures:

www.nhtsa.dot.gov/cars/testing/procedures/

Complaints & VOQs:

Federal Register Notices:

Questions? E-mail:

www.nhtsa.dot.gov/cars/problems www.gpoaccess.gov/fr/search.html importcertification@dot.gov or fax to: (202) 493-0073.

Safety Regulations that apply to foreign manufacturers of trailers

(notice this does not apply to manufacturers located on U.S. soil)

49 CFR Part 551, Subpart D, Agent Regulation

The attached regulation, effective August 5, 2005, contains details guiding foreign manufacturer’s appointment of US agent for service of process under 49 CFR Part 551, Subpart D.

The Appendix to 49 CFR Part 551, Subpart D (also attached) contains a designation format that foreign manufacturers should use when appointing a U.S. agent for service of process.

Please note that:

• Manufacturers must submit to NHTSA original, fully executed designation forms with ink signatures. NHTSA will not accept copies of designation forms, facsimiles, emails, emailed PDF files, or forms that do not contain original ink signatures.

• The date of acceptance by an agent must be on or after the date of designation by a foreign manufacturer.

Designation forms must be submitted to:

U.S. Department of Transportation NHTSA Correspondence Unit 1200 New Jersey Avenue, SE, Room W41-306 Washington, DC 20590 http://www.access.gpo.gov/nara/cfr/waisidx_06/49cfrv6_06.html#501 http://www.access.gpo.gov/nara/cfr/waisidx_06/49cfr571_06.html http://www.nhtsa.dot.gov/cars/rules/interps http://www.nhtsa.dot.gov/cars/rules/import http://www.nhtsa.dot.gov/cars/problems http://www.gpoaccess.gov/fr/search.html

• No other NHTSA office is authorized to accept designation documents.

• To avoid delays, the agency suggests using express mail services.

● To expedite NHTSA’s processing of submissions received under Part 551, Subpart D, foreign manufacturers may submit designation information online at:

http://www.nhtsa.dot.gov/cars/rules/manufacture/agent/customer.html

● After a manufacturer fills out the required designation information online, NHTSA’s web site immediately generates and sends to the manufacturer via email a PDF of the completed designation form. The manufacturer then must print, sign and date the completed designation form, and send the form to its agent to sign, date and submit to NHTSA’s Office of the Executive Secretariat via US mail or express mail at the above address.

● To comply with Part 551, Subpart D, NHTSA must receive via US mail or an express mail service an original printout of the Adobe PDF with original ink signatures of both the manufacturer and agent. Submitting your designation information online, without more, will not satisfy the requirements of Part 551, Subpart D.

Designation of an Agent for Service of Process

§ 551.45 What is the purpose of this subpart?

The purpose of this subpart is to establish a procedure for foreign manufacturers, assemblers and importers of motor vehicles and motor vehicle equipment to designate an agent in the United States on whom service of administrative or judicial notices or processes may be made.

§ 551.46 Who must comply with this subpart and when?

a. All foreign manufacturers, assemblers, and importers of motor vehicles or motor vehicle equipment (hereinafter referred to as “foreign manufacturers”) must comply with this subpart before offering a motor vehicle or item of motor vehicle equipment for importation into the United States.

b. Unless and until a foreign manufacturer appoints an agent in accordance with the requirements of this subpart, it may not import motor vehicles or motor vehicle equipment into the United States.

§ 551.47 Who may serve as an agent for a foreign manufacturer?

a. Only an individual, a domestic firm or a domestic corporation that is a permanent resident of the United States may serve as an agent under this subpart.

§ 551.48 May an official of a foreign manufacturer serve as its agent?

a. Generally no; an agent must be a permanent resident of the United States. Typically officials of foreign manufacturers and importers are not United States residents.

b. Occasionally an official of a foreign manufacturer also serves as an official of a domestic firm or corporation or is a permanent resident of the United States. In such cases, the official may serve as agent and sign the designation documents both on behalf of the foreign manufacturer and as agent. However, the foreign manufacturer must submit to NHTSA, along with the designation documents, a letter explaining that the individual signing the designation is both an official of the foreign manufacturer with authority to appoint an agent http://www.nhtsa.dot.gov/cars/rules/manufacture/agent/customer.html and a permanent resident of the United States or official of a domestic firm or corporation. If NHTSA does not receive an explanatory letter at the same time it receives the designation, the agency will deem the designation insufficient under this subpart and reject the submission.

§ 551.49 May a foreign manufacturer replace its agent?

a. Yes, a foreign manufacturer may replace its agent in the same way it originally designated the agent. It must submit designation documents that meet the form and content requirements identified in the following section of this subpart. Until NHTSA receives designation documents meeting those requirements or a letter withdrawing an existing designation, the individual or domestic corporation originally designated will continue to serve as its agent for service of process.

b. A foreign manufacturer that has withdrawn but not replaced its agent may not continue to import motor vehicles or motor vehicle equipment into the United States. In order to do so, it must appoint a new agent in accordance with the requirements of this subpart.

§ 551.50 May more than one foreign manufacturer designate the same person as agent?

a. Yes, any number of foreign manufacturers separately may designate the same person as agent.

§ 551.51 May an agent assign performance of its functions to another individual or entity?

a. No, an agent may not assign performance of its functions.

§ 551.52 How long will a foreign manufacturer’s designation of agent remain in effect?

a. A designation of agent remains in effect until replaced or withdrawn by a foreign manufacturer.

b. A foreign manufacturer that has withdrawn but not replaced its agent may not continue to import motor vehicles or motor vehicle equipment into the United States. In order to do so, it must appoint a new agent in accordance with the requirements of this subpart.

Form and Contents of Designation

§ 551.53 What is the required format for a designation?

All documents submitted under this subpart must be:

(1) Original documents;

(2) Written in English; and

(3) Signed in ink.

a. For each signature, the document must indicate in English:

(1) The date of signature; and

(2) The name and title of the individual who signed the document.

b. As long as documents submitted by a foreign manufacturer and its agent contain all required information (identified in §§ 551.54, 551.55 and 551.56 below), there is no mandatory format for the designation

c. NHTSA encourages foreign manufacturers to use the suggested designation form set forth in the Appendix to this subpart. If completed and executed properly by both a foreign manufacturer and its agent, this form will comply fully with the requirements of §§ 551.53 through 551.65.

§ 551.54 What are the required contents for a designation?

The suggested designation form set forth in the Appendix, if completed and signed properly by a foreign manufacturer and its agent, contains all of the information necessary to create a valid designation under this subpart. Specifically, a valid designation must contain:

a. A Designation by Foreign Manufacturer; and

b. An Acceptance by Agent.

§ 551.55 What information must a Designation by Foreign Manufacturer contain?

A Designation by Foreign Manufacturer must contain:

a. A statement that the designation is in valid form and binding on the foreign manufacturer under the laws, corporate bylaws or other requirements governing the making of designations at the place and time where it is made;

b. The full legal name, principal place of business and mailing address of the foreign manufacturer;

c. All trade or brand names, marks, logos or other designations of origin under which the foreign manufacturer’s products will be sold; and

d. The signature in ink, and the name and title of the official or employee signing the designation on behalf of the foreign manufacturer, who must have authority to appoint an agent.

§ 551.56 What information must an Acceptance by Agent contain?

An Acceptance by Agent must contain:

a. The full legal name, mailing address and telephone number of the agent;

b. A statement that the agent accepts the designation and understands that (s)he may not assign performance of the agent’s functions under the designation to another person or entity, and that the designation shall remain in effect until it is withdrawn or replaced by the foreign manufacturer;

c. The signature in ink of the agent, or an official or employee of the domestic firm or corporation serving as the agent, who must authority to sign for the firm or corporation; and

d. The name and title of the individual signing the acceptance.

§ 551.57 Who may sign the Designation by Foreign Manufacturer?

a. Only an official or employee of the foreign manufacturer with authority to appoint an agent may sign the Designation by Foreign Manufacturer.

§ 551.58 Who may sign the Acceptance by Agent?

a. Only the agent, in the case of an individual, or an official or employee, in the case of a domestic firm or corporation serving as the agent with authority to sign for that firm of corporation, may sign the Acceptance of Agent.

§ 551.59 May the same individual sign both the Designation by Foreign Manufacturer and

Acceptance by Agent?

a. Generally no; the Designation by Manufacturer must be signed by an official or employee of the foreign manufacturer and the Acceptance by Agent must be signed by the foreign manufacturer’s agent, in the case of an individual, or by an official or employee, in the case of a domestic firm or corporation serving as its agent.

b. Occasionally an official of a foreign manufacturer also serves as an official of a domestic firm or corporation or is a permanent resident of the United States. In such cases, the official may serve as agent and sign the designation documents both on behalf of the foreign manufacturer and as agent. However, the foreign manufacturer must submit to NHTSA, along with the designation documents, a letter explaining that the individual signing the designation is both an official of the foreign manufacturer with authority to appoint an agent and a permanent resident of the United States or official of a domestic firm or corporation. If NHTSA does not receive an explanatory letter at the same time it receives the designation, the agency will deem the designation insufficient under this subpart and reject the submission.

§ 551.60 When must the Designation by Foreign Manufacturer be signed?

a. The foreign manufacturer must sign the Designation by Foreign Manufacturer on or before the date that the agent signs the Acceptance by Agent. It is not possible for an individual or entity to accept a designation as agent until on or after the date on which a foreign manufacturer makes the designation.

b. If the Designation by Foreign Manufacturer is dated after the Acceptance by Agent, NHTSA will deem the designation insufficient under this subpart and reject the submission.

§ 551.61 When must the Acceptance by Agent be signed?

a. The agent, in the case of an individual, or an employee or official, in the case of a domestic firm or corporation serving as agent, must sign the Acceptance by Agent on or after the date that the manufacturer signs the Designation by Foreign Manufacturer. It is not possible for an individual or entity to accept a designation as agent until on or after the date on which the foreign manufacturer makes the designation.

b. If the Acceptance by Agent is dated before the Designation by Foreign Manufacturer, NHTSA will deem the designation insufficient under this subpart and reject the submission.

§ 551.62 Where should a foreign manufacturer mail the designation?

a. Foreign manufacturers must mail their designations to the Foreign manufacturers should mail notices to:

U.S. Department of Transportation NHTSA Correspondence Unit 1200 New Jersey Avenue, SE, Room W41-306 Washington, DC 20590

b. No other NHTSA office is authorized to accept designation documents. To avoid delays, the agency suggests using express mail services.

§ 551.63 May a foreign manufacturer submit a designation by email or facsimile?

a. No, the statute requires designation documents submitted by foreign manufacturers to contain original ink signatures. NHTSA will reject designation documents submitted via email or facsimile, as they do not satisfy this requirement.

§ 551.64 What if designations submitted by a foreign manufacturer do not comply with this subpart?

a. Designations of agent are binding on the foreign manufacturer even when their form and contents do not comply with this subpart, unless rejected by the agency.

§ 551.65 What if a foreign manufacturer changes its name, address or product names or marks?

a. A foreign manufacturer must provide written notice to NHTSA of any changes in its name, address or marks, trade names, or other designations of origin appearing on its products.

NHTSA Correspondence Unit 1200 New Jersey Avenue, SE, Room W41-306

Method of Service of Process

§ 551.66 What is the legal effect of service of process on an agent?

a. Service on an agent of administrative or judicial notices or process is deemed to be service on a manufacturer.

§ 551.67 Where and how may an agent be served?

a. An agent may be served at the agent’s office or usual place of residence, by registered or certified mail addressed to the agent with return receipt requested, or by any other manner authorized by law.

§ 551.68 What if an agent cannot be served?

a. If an agent cannot be served because the agent cannot be located, has ceased to exist or does not receive correctly addressed mail, service may be made by posting the notice or process in the Office of the Secretary of Transportation.

SUGGESTED DESIGNATION OF AGENT FOR SERVICE OF PROCESS

PART A: DESIGNATION BY FOREIGN MANUFACTURER

Pursuant to 49 U.S.C. § 30164 and 49 C.F.R. Part 551, Subpart D, the Foreign Manufacturer listed below hereby designates the following Agent on whom service of all administrative and judicial processes and notices may be made. This designation is for service of process only and for no other purpose. It shall remain in effect until it is withdrawn or another Agent is designated in accordance with the requirements of 49 U.S.C. § 30164 and 49 C.F.R. Part 551, Subpart D.

The Manufacturer identified below hereby certifies:

1. This designation is in valid form and binding on the Manufacturer under the laws, corporate bylaws or other requirements governing the making of designations at the place and time where it is made.

2. The full legal name, principal place of business and mailing address of the Manufacturer are:

3. The Manufacturer’s products will be sold under the following trade or brand names, marks, logos or other designations of origin (List all names, marks, logos or designations):

4. The full legal name, principal place of business, mailing address and telephone number of the Agent are:

By: / / Signature of Manufacturer’s Authorized Representative Month / Day / Year

Printed Name Title

PART B: ACCEPTANCE BY AGENT

The undersigned hereby accepts appointment as Agent solely for the purpose of service of process on the Manufacturer under 49 U.S.C. § 30164 and 49 C.F.R. Part 551, Subpart D. I understand that this appointment shall remain in effect until withdrawn or replaced by the Manufacturer in accordance with the requirements of 49 U.S.C. § 30164 and 49 C.F.R. Part 551, Subpart D. I understand also that I may not assign performance of my functions under this Designation to another person.

By: / /

Signature of Agent Month / Day / Year (Date of acceptance must be on or after date of designation) Printed Name Title

Mail original documents with ink signatures only to:

U.S. Department of Transportation NHTSA Correspondence Unit, 1200 New Jersey Avenue, SE, Room W41-306

Federal Safety Regulations that apply to all Trailer Manufacturers

PART 565, VEHICLE IDENTIFICATION NUMBER REQUIREMENTS

§ 565.1 Purpose and scope.

This part specifies the format, content and physical requirements for a vehicle identification number (VIN) system and its installation to simplify vehicle identification information retrieval and to increase the accuracy and efficiency of vehicle recall campaigns.

§ 565.2 Applicability.

This part applies to passenger cars, multipurpose passenger vehicles, trucks, buses, trailers (including trailer kits), incomplete vehicles, and motorcycles. Vehicles imported into the United States under 49 CFR 591.5(f), other than by the corporation responsible for the assembly of that vehicle or a subsidiary of such a corporation, are excluded from requirements of § 565.4(b), § 565.4(c), § 565.4(g), § 565.4(h), § 565.5 and § 565.6.

§ 565.3 Definitions.

(a) Federal Motor Vehicle Safety Standards Definitions. Unless otherwise indicated, all terms used in this part that are defined in 49 CFR 571.3 are used as defined in 49 CFR 571.3.

(b) Body type means the general configuration or shape of a vehicle distinguished by such characteristics as the number of doors or windows, cargo-carrying features and the roof line (e.g., sedan, fastback, hatchback).

(c) Check digit means a single number or the letter “X” used to verify the accuracy of the transcription of the vehicle identification number.

(d) Engine type means a power source with defined characteristics such as fuel utilized, number of cylinders, displacement, and net brake horsepower. The specific manufacturer and make shall be represented if the engine powers a passenger car or a multipurpose passenger vehicle, or truck with a gross vehicle weight rating of 4536 kg (10,000 lb) or less.

(e) Incomplete vehicle means an assemblage consisting, as a minimum, of frame and chassis structure, power train, steering system, suspension system and braking system, to the extent that those systems are to be part of the completed vehicle, that requires further manufacturing operations, other than the addition of readily attachable components, such as mirrors or tire and rim assemblies, or minor finishing operations such as painting, to become a completed vehicle.

(f) Line means a name that a manufacturer applies to a family of vehicles within a make which have a degree of commonality in construction, such as body, chassis or cab type.

(g) Make means a name that a manufacturer applies to a group of vehicles or engines.

(h) Manufacturer means a person-

(1) Manufacturing or assembling motor vehicles or motor vehicle equipment; or

(2) Importing motor vehicles or motor vehicle equipment for resale.

(i) Model means a name that a manufacturer applies to a family of vehicles of the same type, make, line, series and body type.

(j) Model Year means the year used to designate a discrete vehicle model, irrespective of the calendar year in which the vehicle was actually produced, so long as the actual period is less than two calendar years.

(k) Plant of manufacture means the plant where the manufacturer affixes the VIN.

(l) Series means a name that a manufacturer applies to a subdivision of a “line” denoting price, size or weight identification and that is used by the manufacturer for marketing purposes.

(m) Trailer kit means a trailer that is fabricated and delivered incomplete but unassembled form and that is designed to be assembled without special machinery or tools.

(n) Type means a class of vehicle distinguished by common traits, including design and purpose. Passenger cars, multipurpose passenger vehicles, trucks, buses, trailers, incomplete vehicles and motorcycles are separate types.

(o) VIN means a series of Arabic numbers and Roman letters that is assigned to a motor vehicle for identification purposes.

§ 565.4 General requirements.

(a) Each vehicle manufactured in one stage shall have a VIN that is assigned by the manufacturer. Each vehicle manufactured in more than one stage shall have a VIN assigned by the incomplete vehicle manufacturer. Vehicle alterers, as specified in 49 CFR 567.7, shall utilize the VIN assigned by the original manufacturer of the vehicle.

(b) Each VIN shall consist of seventeen (17) characters.

(c) A check digit shall be part of each VIN. The check digit shall appear in position nine (9) of the VIN, on the vehicle and on any transfer documents containing the VIN prepared by the manufacturer to be given to the first owner for purposes other than resale.

(d) The VINs of any two vehicles manufactured within a 30 year period shall not be identical.

(e) The VIN of each vehicle shall appear clearly and indelibly upon either a part of the vehicle, other than the glazing, that is not designed to be removed except for repair or upon a separate plate or label that is permanently affixed to such a part.

(f) The VIN for passenger cars, multipurpose passenger vehicles and trucks of 4536 kg or less GVWR shall be located inside the passenger compartment. It shall be readable, without moving any part of the vehicle, through the vehicle glazing under daylight lighting conditions by an observer having 20/20 vision (Snellen) whose eye-point is located outside the vehicle adjacent to the left windshield pillar. Each character in the VIN subject to this paragraph shall have a minimum height of 4 mm.

(g) Each character in each VIN shall be one of the letters in the set:

[ABCDEFGHJKLMNPRSTUVWXYZ] or a numeral in the set: [0123456789] assigned according to the method given in § 565.5. Note the letters I, O, and Q are not used.

(h) All spaces provided for in the VIN must be occupied by a character specified in paragraph

(g) of this section.

(i) The type face utilized for each VIN shall consist of capital, sanserif characters.

§ 565.5 Motor vehicles imported into the United States.

(a) Importers shall utilize the VIN assigned by the original manufacturer of the motor vehicle.

(b) A passenger car certified by a Registered Importer under 49 CFR Part 592 shall have a plate or label that contains the following statement, in characters with a minimum height of 4 mm, with the identification number assigned by the original manufacturer provided in the blank: SUBSTITUTE FOR U.S. VIN: ____________ SEE PART 565. The plate or label shall conform to § 565.4 (h) and (i). The plate or label shall be permanently affixed inside the passenger compartment. The plate or label shall be readable, without moving any part of the vehicle, through the vehicle glazing under daylight lighting conditions by an observer having 20/20 vision (Snellen) whose eye-point is located outside the vehicle adjacent to the left windshield pillar. It shall be located in such a manner as not to cover, obscure, or overlay any part of any identification number affixed by the original manufacturer. Passenger cars conforming to Canadian Motor Vehicle Safety Standard 115 are exempt from this paragraph.

§ 565.6 Content requirements. The VIN shall consist of four sections of characters which shall be grouped accordingly:

(a) The first section shall consist of three characters that occupy positions one through three (1-3) in the VIN. This section shall uniquely identify the manufacturer, make and type of the motor vehicle if its manufacturer produces 500 or more motor vehicles of its type annually. If the manufacturer produces less than 500 motor vehicles of its type annually, these characters along with the third, fourth and fifth characters of the fourth section shall uniquely identify the manufacturer, make and type of the motor vehicle. These characters reassigned in accordance with § 565.7(a).

(b) The second section shall consist of five characters, which occupy positions four through eight (4-8) in the VIN. This section shall uniquely identify the attributes of the vehicle as specified in Table I. For passenger cars, and for multipurpose passenger vehicles and trucks with a gross vehicle weight rating of 4536 kg (10,000 lb) or less, the first and second characters shall be alphabetic and the third and fourth characters shall be numeric. The fifth character may be either alphabetic or numeric. The characters utilized and their placement within the section may be determined by the manufacturer, but the specified attributes must be decipherable with information supplied by the manufacturer in accordance with § 565.7(c).

In submitting the required information to NHTSA relating to gross vehicle weight rating, the designations in Table II shall be used. The use of these designations within the VIN itself is not required.

Table I -Type of Vehicle and Information Decipherable

Passenger car: Line, series, body type, engine type and restraint system type.

Multipurpose passenger vehicle: Line, series, body type, engine type, gross vehicle weight rating.

Truck: Model or line, series, chassis, cab type, engine type, brake system and gross vehicle weight rating.

Bus: Model or line, series, body type, engine type, and brake system.

Trailer, including trailer kits and incomplete trailer: Type of trailer, body type, length and axle configuration.

Motorcycle: Type of motorcycle, line, engine type, and net brake horsepower.

Incomplete Vehicle other than a trailer: Model or line, series, cab type, engine type and brake system.

Note to Table I: Engine net brake horsepower when encoded in the VIN shall differ by no more than 10 percent from the actual net brake horsepower; shall in the case of motorcycle with an actual net brake horsepower of 2 or less, be not more than 2; and shall be greater than 2 in the case of a motorcycle with an actual brake horsepower greater than 2.

Table II - Gross Vehicle Weight Rating Classes

Class A - Not greater than 1,360 kg (3,000 lb) Class B - Greater than 1,360 kg to 1,814 kg (3,001-4,000 lb) Class C - Greater than 1,814 kg to 2,268 kg (4,001-5,000 lb) Class D - Greater than 2,268 kg to 2,722 kg (5,001-6,000 lb) Class E - Greater than 2,722 kg to 31,75 kg (6,001-7,000 lb) Class F - Greater than 3,175 kg to 3,629 kg (7,001-8,000 lb) Class G - Greater than 3,629 kg to 4,082 kg (8,001-9,000 lb) Class H - Greater than 4,082 kg to 4,536 kg (9,001-10,000 lb) Class 3 - Greater than 4,536 kg to 6,350 kg (10,001-14,000 lb) Class 4 - Greater than 6,350 kg to 7,257 kg (14,001-16,000 lb) Class 5 - Greater than 7,257 kg to 8,845 kg (16,001-19,500 lb) Class 6 - Greater than 8,845 kg to 11,793 kg (19,501-26,000 lb) Class 7 - Greater than 11,793 kg to 14,968 kg (26,001-33,000 lb) Class 8 - Greater than 14,968 kg (33,001 lb and over)

(c) The third section shall consist of one character, which occupies position nine (9) in the VIN.

This section shall be the check digit whose purpose is to provide a means for verifying the accuracy of any VIN transcription. After all other characters in VIN have been determined by the manufacturer, the check digit shall be calculated by carrying out the mathematical computation specified in paragraphs (c)(1) through (4) of this section.

(1) Assign to each number in the VIN its actual mathematical value and assign to each letter the value specified for it in Table III, as follows:

Table III - Assigned Values

A = 1 N = 5 B = 2 P = 7 C = 3 R = 9 D = 4 S = 2 E = 5 T = 3 F = 6 U = 4 G = 7 V = 5 H = 8 W = 6 J = 1 X = 7 K = 2 Y = 8 L = 3 Z = 9 M = 4

(2) Multiply the assigned value for each character in the VIN by the position weight factor specified in Table IV, as follows:

Table IV -VIN Position and Weight Factor

1st ....................8 10th 2nd ...................7 11th 3rd....................6 12th 4th ...................5 13th 5th ...................4 14th 6th ...................3 15th 7th ...................2 16th 8th...................10 17th 9th..... (check digit)

(3) Add the resulting products and divide the total by 11.

(4) The numerical remainder is the check digit. If the remainder is 10 the letter “X” shall be used to designate the check digit. The correct numeric remainder, zero through nine (0-9) or the letter “X,” shall appear in VIN position nine (9).

(5) A sample check digit calculation is shown in Table V as follows:

Table V - Calculation of a Check Digit

VIN

Positions

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17

Sample VIN 1 G 4 A H 5 9 H 5 G 1 1 8 3 4 1 Assigned Value

1 7 4 1 8 5 9 8 5 7 1 1 8 3 4 1 (table

III)

Weight Factor

8 7 6 5 4 3 2 10 0 9 8 7 6 5 4 3 2 (table

IV)

Add Products

8 49 24 5 32 15 18 80 0 45 56 7 6 40 12 12 2 sum=

Divide sum by 11. 411/11 = 37 4/11 The numerator is “4,” this is the check digit (9th digit of VIN)

(d) The fourth section shall consist of eight characters, which occupy positions ten through seventeen (10-17) of the VIN. The last five (5) characters of this section shall be numeric for passenger cars and for multipurpose passenger vehicles and trucks with a gross vehicle weight rating of 4536 kg (10,000 lb) or less, and the last four (4) characters shall be numeric for all other vehicles.

(1) The first character of the fourth section shall represent the vehicle model year. The year shall be designated as indicated in Table VI as follows:

TABLE VI – YEAR CODES FOR VIN

1998.................... W 2006 1999.................... X 2007 2000.................... Y 2008 2001.................... 1 2009 2002.................... 2 2010.................... A 2003.................... 3 2011.................... B 2004.................... 4 2012.................... C 2005…………….. 5 2013.................... D

(2) The second character of the fourth section shall represent the plant of manufacture.

(3) The third through the eighth characters of the fourth section 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. If the manufacturer produces less than 500 motor vehicles of its type annually, the third, fourth and fifth characters of the fourth section, combined with the three characters of the first section, shall uniquely identify the manufacturer, make and type of the motor vehicle and the sixth, seventh, and eighth characters of the fourth section shall represent the number sequentially assigned by the manufacturer in the production process.

§ 565.7 Reporting requirements.

(a) The National Highway Traffic Safety Administration (NHTSA) has contracted with the Society of Automotive Engineers (SAE) to coordinate the assignment of manufacturer identifiers. Manufacturer identifiers will be supplied by SAE at no charge. All requests for assignments of manufacturer identifiers should be forwarded directly to: Society of Automotive Engineers, Attention: WMI Coordinator (see addresses you might need page).

Any requests for identifiers submitted to NHTSA will be forwarded to SAE. Manufacturers may request a specific identifier or may request only assignment of an identifier(s). SAE will review requests for specific identifiers to determine that they do not conflict with an identifier already assigned or block of identifiers already reserved. SAE will confirm the assignments in writing to the requester. Once confirmed by SAE, the identifier need not be resubmitted to

NHTSA.

(b) Manufacturers of vehicles subject to this part shall submit, either directly or through an agent, the unique identifier for each make and type of vehicle it manufactures at least 60 days before affixing the first VIN using the identifier. Manufacturers whose unique identifier appears in the fourth section of the VIN shall also submit the three characters of the first section that constitutes a part of their identifier.

(c) Manufacturers of vehicles subject to the requirements of this part shall submit to NHTSA the information necessary to decipher the characters contained in its VINs. Amendments to this information shall be submitted to the agency for VINs containing an amended coding.

The agency will not routinely provide written approvals of these submissions, but will contact the manufacturer should any corrections to these submissions be necessary.

(d) The information required under paragraph (c) of this section shall be submitted at least 60 days prior to offering for sale the first vehicle identified by a VIN containing that information, or if information concerning vehicle characteristics sufficient to specify the VIN code is unavailable to the manufacturer by that date, then within one week after that information first becomes available. The information shall be addressed to:

NHTSA Correspondence Unit 1200 New Jersey Avenue, S.E.

West Building - 4th Floor – NVS 223 Washington, D.C. 20590

Please note: first position characters #1, #4, and #5 are reserved for motor vehicle manufacturers situated on U.S. soil.

CHECK DIGIT CALCULATIONS WORKSHEET

↓ CHECK DIGIT

CHARACTER

2 3 4 5

6 7 8 9 10 11 12 13 14 15 16 17

ACTUAL VIN

CONVERTED

VALUES

FROM TABLE

III

MULTIPLIER

(X) PRODUCT

8 7 6 5 4 3 2 10 0 9 8 7 6 5 4 3 2

PRODUCTS

ADD BOTTOM ROW VALUES TO GET THE SUM OF PRODUCTS

DIVIDE THE SUM OF PRODUCTS BY 11: 33 plus 7/11ths

Your answer will be a different value than this sample

TABLE III ALPHABETIC TO NUMERIC CONVERSION VALUES

A=1

G=7

N=5

V=5

B=2

H=8

P=7

W=6

C=3

J=1

R=9

X=7

D=4

K=2

S=2

Y=8

E=5

L=3

T=3

Z=9

F=6

M=4

U=4

IF WHOLE NUMBER AND FRACTION IS: 33 7/11

THE ninth character of this VIN (CHECK DIGIT) IS “7"

Note: 7 is the numerator or top portion of the fraction 7/11

IF A CALCULATOR IS USED THE CHECK DIGIT FOR THE DECIMAL REMAINDER IS:

.09 = 1 .63 = 7 .18 = 2 .72 = 8 .27 = 3 .81 = 9 .36 = 4 .90 = X .45 = 5 .00 = 0 .54 = 6

Sample Part 565, VIN Submission

ABC Company 1234 5th Street Miami, FL 88888-9999

November 24, 1998

U.S. DOT

1200 New Jersey Avenue S.E. W43-488 Washington, DC 20590

Subject: VIN Decoding Information for ABC Company

In accordance with § 565.7(c) of 49 CFR Part 565, Vehicle Identification Number, ABC Company hereby submits Vehicle Identification Number (VIN) decoding information.

VIN POSITION: DESCRIPTION: CODES:

Please note: the first characters #1, #4, and #5 are reserved for motor vehicle manufacturers situated on U.S. soil. Other nations use first characters reserved for their geographic regions of the world.

1,2 & 3 WMI(assigned by SAE) 1-A-9

4 Trailer Type S = Straight Semi B = Ball Type Pull

5 Body Type V = Van Body B = Boat Trailer

6 & 7 Length of Trailer 26 = 26 Feet Long

(all lengths rounded to nearest foot) 09 = 09 Feet Length

8 Number of Axles 3 = 3 Axles 4 = 4 Axles

9 Check Digit SEE 49 CFR 565.4

10 Model Year W = 1998 X = 1999 Y = 2000 1 = 2001

11 Plant Location P = Portland D = Denver

12, 13 & 14 WMI 6-4-0

15, 16, & 17 Sequential Production Number 001

49 CFR Part 566, Manufacturer Identification

Sec. 566.1 Scope.

This part requires manufacturers of motor vehicles, and of motor vehicle equipment to which a motor vehicle safety standard applies, to submit identifying information and a description of the items they produce.

Sec. 566.2 Purpose.

The purpose of this part is to facilitate the regulation of manufacturers under the National Traffic and Motor Vehicle Safety Act, and to aid in establishing a code numbering system for all regulated manufacturers.

Sec. 566.3 Application.

This part applies to all manufacturers of motor vehicles, and to manufacturers of motor vehicle equipment, other than tires, to which a motor vehicle safety standard applies (hereafter referred to as ``covered equipment'').

Sec. 566.4 Definitions.

All terms defined in the Act and the rules and standards issued under its authority are used as defined therein. Specifically, incomplete vehicle, intermediate manufacturer, and final-stage manufacturer are used as defined in Part 568--Vehicles Manufactured in Two or More Stages.

Sec. 566.5 Requirements.

Each manufacturer of motor vehicles, and each manufacturer of covered equipment, shall furnish the information specified in paragraphs (a) through (c) of this section to: U.S. Department of Transportation, 1200 New Jersey Avenue SE, W43-488, Washington, DC 20590.

(a) Full individual, partnership, or corporate name of the manufacturer.

(b) Residence address of the manufacturer and State of incorporation if applicable.

(c) Description of each type of motor vehicle or of covered equipment manufactured by the manufacturer, including, for motor vehicles, the approximate ranges of gross vehicle weight ratings for each type.

(1) Except as noted below, the description may be of general types, such as ``passenger cars'' or ``brake fluid.''

(2) In the case of multipurpose passenger vehicles, trucks, and trailers, the description shall be specific enough also to indicate the types of use for which the vehicles are intended, such as ``tank trailer,'' ``motor home,'' or ``cargo van.''

(3) In the case of motor vehicles produced in two or more stages, if the manufacturer is an incomplete vehicle manufacturer, the description shall so state and include a description indicating the stage of completion of the vehicle and, where known, the types of use for which the vehicle is intended.

Example: ``Incomplete vehicle manufacturer--Chassis-cab intended for completion as van-type truck.''

If the manufacturer is an intermediate manufacturer, or a final stage manufacturer, the description shall so state and include a brief description of the work performed.

Example: ``Multipurpose passenger vehicles: Motor homes with GVWR from 8,000 to 12,000 pounds. Final-stage manufacturer--add body to bare chassis.''

Sec. 566.6 Submittal of information.

Each manufacturer required to submit information under Sec. 566.5 shall submit the information not later than February 1, 1972. After that date, each person who begins to manufacture a type of motor vehicle or covered equipment for which he has not submitted the required information shall submit the information specified in paragraphs (a) through (c) of Sec. 566.5 not later than 30 days after he begins manufacture. Each manufacturer who has submitted required information shall keep his entry current, accurate and complete by submitting revised information not later than 30 days after the relevant changes in his business occur.

(Authority: 15 U.S.C. 1392, 1397)

[36 FR 20978, Nov. 2, 1971, as amended at 37 FR 1364, Jan. 28, 1972]

[36 FR 20978, Nov. 2, 1971, as amended at 53 FR 20119, June 2, 1988]

Sample format of 49 CFR Part 566, Manufacturer Identification submission:

Any Company, Inc.

500 Any Street

Anytown, KY 55555-5555 phn: 555-555-5555 fax: 555-555-5556 e-mail: johnsdownanddirty@wannabe.com

Owner of company: John and Mary Smith

City of incorporation: Any Company is incorporated in Brunswick, Kentucky

Product manufactured: Any Company manufactures bumper pull and gooseneck horse trailers and utility trailers.

GVWRs 1,500 lb to 15,000 lb.

Signed:____________________________ Date:___________________________

Typed name of signatory: _____________

Business title of signatory: _______________

§ 567.4 Requirements for manufacturers of motor vehicles.

(a) Each manufacturer of motor vehicles (except vehicles manufactured in two or more stages) shall affix to each vehicle a label, of the type and in the manner described below, containing the statements specified in paragraph (g) of this section.

(b) The label shall, unless riveted, be permanently affixed in such a manner that it cannot be removed without destroying or defacing it.

(c) Except for trailers and motorcycles, the label shall be affixed to either the hinge pillar, door-latch post, or the door edge that meets the door-latch post, next to the driver's seating position, or if none of these locations is practicable, to the left side of the instrument panel. If that location is also not practicable, the label shall be affixed to the inward-facing surface of the door next to the driver's seating position. If none of the preceding locations is practicable, notification of that fact, together with drawings or photographs showing a suggested alternate location in the same general area, shall be submitted for approval to the Administrator, National Highway Traffic Safety Administration, Washington, DC 20590.

The location of the label shall be such that it is easily readable without moving any part of the vehicle except an outer door.

(d) The label for trailers shall be affixed to a location on the forward half of the left side, such that it is easily readable from outside the vehicle without moving any part of the vehicle.

(e) The lettering on the label shall be of a color that contrasts with the background of the label.

(f) The label shall contain the following statements, in the English language, lettered in block capitals and numerals not less than three thirty-seconds of an inch high, in the order shown:

(1) Name of manufacturer: Except as provided in paragraphs (g)(1) (i), (ii), and (iii) of this section, the full corporate or individual name of the actual assembler of the vehicle shall be spelled out, except that such abbreviations as “Co.” or “Inc.” and their foreign equivalents, and the first and middle initials of individuals, may be used. The name of the manufacturer shall be preceded by the words “Manufactured By” or “Mfd By.” In the case of imported vehicles, where the label required by this section is affixed by the Registered Importer, the name of the Registered Importer shall also be placed on the label in the manner described in this paragraph, directly below the name of the final assembler.

(i) If a vehicle is assembled by a corporation that is controlled by another corporation that assumes responsibility for conformity with the standards, the name of the controlling corporation may be used.

(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 label and name itself as the manufacturer for the purposes of this section.

(iii) If a trailer is sold by a person who is not its manufacturer, but who is engaged in the manufacture of trailers and assumes legal responsibility for all duties and liabilities imposed by the Act with respect to that trailer, the name of that person may appear on the label as the manufacturer. In such a case the name shall be preceded by the words “Responsible Manufacturer” or “Resp Mfr.”

(2) Month and year of manufacture: This shall be the time during which work was completed at the place of main assembly of the vehicle. It may be spelled out, as “June 1970,” or expressed in numerals, as “6/70.”

(3) “Gross Vehicle Weight Rating” or “GVWR,” followed by the appropriate value in pounds, which shall not be less than the sum of the unloaded vehicle weight, rated cargo load, and 150 pounds times the vehicle's designated seating capacity. However, for school buses the minimum occupant weight allowance shall be 120 pounds.

(4) “Gross Axle Weight Rating” or “GAWR,” followed by the appropriate value in pounds for each axle, identified in order from front to rear (e.g., front, first intermediate, second intermediate, rear). The ratings for any consecutive axles having identical gross axle weight ratings when equipped with tires having the same tire size designation may, at the option of the manufacturer, be stated as a single value, with label indicating to which axles the ratings apply.

Examples of Combined Ratings

GAWR: (a) All axles-4080 lb with 7.00-15 LT (D) tires. (b) Front-12,000 lb with 10.00-20(G) tires.

First intermediate to rear-15,000 lb with 12.00-20(H) tires.

(5) The statement: “This vehicle conforms to all applicable Federal motor vehicle safety standards in effect on the date of manufacture shown above.” The expression “U.S.” or “U.S.A.” may be inserted before the word “Federal.”

(6) Vehicle identification number.

(7) The type classification of the vehicle as defined in § 571.3 of this chapter (e.g., truck, MPV, bus, trailer).

Sample Manufacturer Certification Label (suitable for U.S. market)

MFG BY:

USA TRAILER MANUFACTURERS, INC.

SEPTEMBER 2007

GVWR 8,164 KG (18,000 lb)

GAWR FRONT 4,354 KG (9,600 lb)

TIRES 11R17.5HC(H)

RIMS 17.5X8.25HC

COLD TIRE INFL 827 KPA (120PSI) SINGLE

GAWR REAR 4,354 KG (9,600 LB)

TIRES 11R17.5HC(H)

RIMS 17.5X8.25HC

COLD TIRE INFL 827 KPA (120 PSI) SINGLE

THIS VEHICLE CONFORMS TO ALL

APPLICABLE US FEDERAL MOTOR VEHICLE

SAFETY STANDARDS IN EFFECT ON THE DATE

OF MANUFACTURE SHOWN ABOVE.

VIN WMIXXXXXXXXXXXXXX

TYPE: TRAILER

FMVSS No. 110 – Tire Selection and rims for motor vehicles with a GVWR of 4,536 kilograms (10,000 pounds) or less, except motorcycles and LSVs. New Labeling Requirements Effective September 1, 2005

Section S4.3.5 specifies Requirements for trailers (see page 331 of 49cfr571.110). Here are some of the requirements:

“Each trailer, except for an incomplete vehicle, must show the information specified in S4.3 (c) through (g), and may show the information specified in S4.3 (h) and (i), on a placard permanently affixed proximate to the certification label specified in 49 CFR part 567…At the manufacturer’s option, the information specified in S4.3 (c), (d), (h) and (i) may be shown, alternatively, on a tire inflation pressure label, and conform in color and format, not including the border surrounding the entire label, as specified in the example set…