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Interpretation ID: 23832.drn



    Dietmar K. Haenchen, Process Leader
    Safety Affairs and Vehicle Testing
    Volkswagen
    Mail Code 3C02
    3800 Hamlin Road
    Auburn Hills, MI 48326


    Dear Mr. Haenchen:

    This responds to your December 13, 2001, letter asking about S4.2.2 of Standard No. 114, Theft protection. You ask whether Volkswagen's proposed design for an "override device to permit key removal in the event of electrical failure or which would permit moving the transmission from the PARK position after the ignition key has been removed" would meet the conditions in S4.2.2 and thus be allowed. As explained below, our answer is no.

    The Requirements

    Standard No. 114 requires each vehicle to have a key-locking system which, when the key is removed, prevents the normal activation of the engine or motor, and prevents steering and/or forward self-mobility of the vehicle (S4.2). S4.2.1 of the standard requires the key-locking system in vehicles with automatic transmissions with a "park" position to prevent removal of the key unless the transmission or transmission shift lever is locked in park or becomes locked in park as the direct result of removing the key. However, S4.2.2 provides that:

      (a) Notwithstanding S4.2.1, provided that steering is prevented upon the key's removal, each vehicle specified therein may permit key removal when electrical failure of this system (including battery discharge) occurs or may have a device which, when activated, permits key removal. The means for activating any such device shall be covered by a non-transparent surface which, when installed, prevents sight of and activation of the device. The covering surface shall be removable only by use of a screwdriver or other tool.

      (b) Notwithstanding S4.2.1, each vehicle specified therein may have a device which, when activated, permits moving the transmission shift lever from "park" after the removal of the key. The device shall either be operable:

      (1) By the key, as defined in S3; or

      (2) By another means, provided that steering is prevented when the key is removed from the ignition, and provided that the means for activating the device is covered by a non-transparent surface which, when installed, prevents sight of and activation of the device. The covering surface shall be removable only by use of a screwdriver or other tool.

    Your Question

      You ask whether:

      an override device located behind the vehicle ashtray, which can be removed without the use of tools, would comply if after the ashtray has been removed, the override device is accessible only by the use of a tool, such as a pen or screwdriver. In such a system, the override device would be located in an opening accessible only when the ashtray has been removed, but the opening is so narrow and deeply recessed, that a person cannot activate it without reaching into the opening with a tool such as a screwdriver or a pen or a similar device.

    You further state:

      Volkswagen believes that this proposed system falls within the provisions of S4.2.2 since the override device is not visible until an opaque object, the ashtray, is removed and after that object is removed, the device itself can only be actuated with the use of a tool.

    Our Answer

    We do not interpret S4.2.2(a) or (b) as permitting the design. Those sections require the device to be covered by a non-transparent surface that is removable only by use of a screwdriver or other tool. The ashtray is removable without the use of a tool. Assuming for the purpose of this letter that the ashtray qualifies as a non-transparent surface specified in S4.2.2(a) or S4.2.2(b)(2), your design nonetheless does not meet the standard because the ashtray can be removed without the use of a tool.

    S4.2.2(b) was adopted in order to prevent vehicle rollaway, and to ensure that children are not be able to move the transmission shift lever when the key is not in the vehicle. (See final rule published on March 26, 1991 (58 FR 12464)). The National Highway Traffic Safety Administration (NHTSA) stated in the preamble to that final rule that keyless overrides must be child-proof:

      A second way to prevent access by children and thus vehicle rollaway is to permit key-less overrides that are not visible and are "child-proof." After reviewing suggested designs, the agency has determined that a key-less override could prevent activation by a child if it is covered by a surface that, when installed, prevents activation of the device and which is removable only by use of a tool such as a screwdriver. An emergency override that is visible and accessible to children such as an uncovered one located on the transmission console would not be child-proof and thus would not comply with section S4.2.2(b). To ensure further that young children cannot easily gain access to the override, a surface that could be removed with a person's hands alone would not be permissible. [T]he agency has determined that such requirements are necessary to ensure that children cannot easily override the transmission shift lock and thus shift the transmission lever. (See 58 FR at 12467)

    The ashtray can be easily removed by a person's hands alone, which is contrary to the requirements of the standard. While you state that the override device would be located in an opening that is "narrow and deeply recessed," the standard requires a "child-proof" cover to the device. That the override device needs to be actuated by use of a screwdriver or pen or similar device does not satisfy the requirement concerning the ability of children to access the device. Further, once the ashtray has been removed, a curious child could easily poke a pen or part of a toy into the opening, creating a potential for the harm that NHTSA sought to prevent when it adopted S4.2.2.

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

    Sincerely,

    John Womack
    Acting Chief Counsel

    Enclosure

    ref:114
    d:2/6/02