Interpretation ID: aiam3831
Manning
Fulton
and Skinner
Raleigh
NC;
Dear Mr. McMillan: This is in response to your March 5, 1984 letter regarding the exten to which an automotive remote starting device which one of your clients wishes to market is compatible with the requirements of Federal Motor Vehicle Safety Standard (FMVSS) 114, *Theft Protection*. This device would permit a vehicle to be started from a remote location using a signal transmitter, provided the vehicle's gear shift is in the park position, the emergency brake is set, the hood is closed, and all the vehicle doors are closed. Further, should any of these failsafe systems become deactivated (e.g., gear shift level moved out of the park position), the engine would automatically shut off.; FMVSS 114 requires that passenger cars as well as trucks an multipurpose passenger vehicles with a gross vehicle weight rating of 10,000 pounds or less must have a key locking system that, when the key is removed, will prevent normal activation of the vehicle's engine and either steering or forward self-mobility. We presume that the steering/transmission lock feature is unaffected by your client's device. Therefore, the question presented by your client's system is whether that device, which permits activation of the engine when the ignition key is removed, permits 'normal activation' of the vehicle.; In a previous agency interpretation (copy enclosed), the agenc described certain characteristics of a remote starting system similar to your client's which we concluded were outside the concept of 'normal activation.' These characteristics were automatic deactivation of the remotely started engine when a vehicle door is opened, maintenance of the steering column or gear shift locking feature until the ignition key is inserted in the vehicle, and automatic deactivation of the remotely started engine after 15 minutes (unless the key is inserted in the ignition).; Your client's device apparently has some of these same characteristic as this previously considered device, as well as other automatic engine deactivation features which are comparable in nature. Therefore, we conclude your client's device does not conflict with the requirements of FMVSS 114, since it does not permit normal activation of the engine without the ignition key.; Sincerely, Frank Berndt, Chief Counsel