Interpretation ID: nht76-2.2

DATE: 09/03/76

FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA

TO: Nissan Motor Co., Ltd.

TITLE: FMVSS INTERPRETATION

TEXT: This is in response to your January 26, 1976, question whether Standard No. 124, Accelerator Control Devices, requires that the throttle return to the "idle position" within specified time limits in the case where an "automatic speed control device" is in operation and a failure occurs in it.

The requirements of S5.1 and S5.2 of the standard require a return of the throttle to the idle position when either one source of throttle "return energy" or a component of the accelerator control system fails or is disconnected. In the case you describe, failure does not occur as outlined in S5.1 and S5.2. Therefore, this failure is not regulated by the standard. This is the case, because the NHTSA does not consider throttle-setting devices to be a component that "[regulates] engine speed in direct response to movement of the driver-operated control and that [returns] the throttle to the idle position upon release of the actuating force" as defined in S4.1. As set out in the definition of "idle position", the agency considers the effect of a throttle-setting device to be a separate condition that affects the setting of the accelerator control system.

YOURS TRULY,

NISSAN MOTOR CO., LTD.

January 26, 1976

Frank Berndt Office of Chief Council National Highway Traffic Safety Administration

This is to ask your interpretation regarding the requirement of FMVSS 124 for automatic speed control system.

NHTSA stated in the preamble of Docket No. 69-20; Notice 3 published on April 8, 1972, "the rule does not contain requirements for automatic speed control devices . . .".

Does it mean that FMVSS 124 does not apply to automatic speed control system itself? In other words, may we understand that while the vehicle is travelling by actuating automatic speed control system, the throttle need not return to the idle position within the time limit specified in S.5 of FMVSS 124 even if some failures occur in the devices of automatic speed control system?

Thank you for your attention to the above question. We look forward to hearing your interpretation of the above in the near future.

Tokio Iinuma Staff, Safety