Interpretation ID: aiam4405
Executive Vice President and General Manager
Mazda (North America) Inc.
Research & Development Center
1203 Woodbridge Avenue
Ann Arbor
MI 58105 (sic);
Dear Mr Shimamura: This responds to your letter concerning the requirements of Standar No. 105, *Hydraulic Brake Systems*, for brake indicator lamps. The second sentence of section S5.3.2 of the standard provides that in vehicles equipped with an automatic transmission, the activation of the indicator lamp(s) as a check of lamp function is not required when the transmission shift lever is in a forward or reverse drive position. You asked if this provision can be interpreted to apply to vehicles equipped with a manual transmission and fitted with a clutch pedal interlock switch, based on a purported equivalent function of the clutch pedal starter interlock switch to the automatic transmission starter interlock. As discussed below, the answer to your question is no. As requested by your letter, we will consider your request as a petition for rulemaking and process it accordingly.; By way of background information, the National Highway Traffic Safet Administration does not provide approvals of motor vehicles or motor vehicle equipment. Under the National Traffic and Motor Vehicle Safety Act, it is the responsibility of the manufacturer to ensure that its vehicles or equipment comply with applicable standards. The following represents our opinion based on the facts provided in your letter.; Section S5.3.2 of the standard states: >>>All indicator lamps shall be activated as a check of lamp functio either when the ignition (start) switch is turned to the 'on' (run) position when the engine is not running, or when the ignition (start) switch is in a position between 'on' (run) and 'start' that is designated by the manufacturer as a check position. However, in vehicles equipped with an automatic transmission, the activation as a check of lamp function is not required when the transmission shift lever is in a forward or reverse drive position.<<<; The second sentence of section S5.3.2 was not originally included i Standard No. 105. In adding the sentence, NHTSA stated the following:; >>>. . . Toyota Motor Sales, Inc., has requested confirmation tha S5.3.2 of the standard requires a check of the brake system indicator lamp function only when the transmission shift lever is in the 'P' (park) or 'N' (neutral) position (in the case of vehicles with automatic transmission). The literal wording of S5.3.2 requires a check of lamp function without regard to the position of the transmission shift lever, whenever the ignition switch is turned to the 'on' position when the engine is not running, or when the ignition switch is in a position between 'on' and 'start' that is designed by the manufacturer as a check position. In the case of vehicles with an automatic transmission, however, this wording does not reflect the NHTSA's intent with respect to check function. To properly reflect this intent, the language of S5.3.2 is hereby modified in accordance with Toyota's request. . . . 40 FR 42872, September 17, 1975.<<<; Thus, except to the extent provided by the second sentence of sectio S5.3.2, that section requires a check of lamp function without regard to the position of the transmission shift lever, whenever the ignition switch is turned to the 'on' position when the engine is not running, or when the ignition switch is in a position between 'on' and 'start' that is designated by the manufacturer as a check position. Since the second sentence of section S5.3.2 specifically applies only to 'vehicles equipped with an automatic transmission,' we conclude that the sentence cannot be applied to vehicles equipped with a manual transmission.; Sincerely, Erika Z. Jones, Chief Counsel