Interpretation ID: aiam4098
Esq.
Currier
Zall & Shepard
207 Main Street
P. O. Box L
Nashua
New Hampshire 03061-2938;
Dear Ms. Brown: This responds to your January 2, 1987 letter asking a number o questions concerning certain aspects of automatic transmissions. You ask first if there is a Federal motor vehicle safety standard (FMVSS) relating to the permissibility of a transmissions design which allows a driver to remove the key from the ignition while the transmission is in drive. You state your belief that 'Standard 114, 49 CFR 571.113 is relevant,' and ask whether that standard ever has been interpreted for a purpose other than to prevent unauthorized use of a motor vehicle. (We assume that the citation of 571.113 instead of 571.114 was a typographical error.) You ask further if there are any Federal safety standards that address whether a vehicle should 'jump from park to drive when left in park.' Finally, you ask whether there are standards other than 114 'that govern these problems.'; As it currently is written, Standard 114 requires a manufacturer t install a key-locking system that prevents starting a vehicle engine and also prevents either, steering a vehicle or moving a vehicle forward under its own power whenever the key is removed. Thus, the standard does not directly require that the vehicle be in park before a driver can remove the ignition key.; In 1968, when Standard 114 was adopted, the stated purpose was t 'reduce the incidence of accidents resulting form unauthorized (motor vehicle) use.' 33 *Federal Register* 6471, April 27, 1968. The agency based this goal on evidence showing that: 'Cars operated by unauthorized persons are far more likely to cause unreasonable risk of accident, personal injury and death than those which are driven by authorized individuals.' (See the preceding citation.) Neither the Standard nor the language in the preamble to it states any other goal.; In 1980, this agency amended Standard 114 to prevent a driver fro inadvertently locking the steering wheel of a moving vehicle by removing the ignition key or shutting off the engine (45 Federal Register 85450, December 29, 1980). However, after receiving petitions for reconsideration and studying the question further, NHTSA decided that while this kind of inadvertent activation might be a safety problem in certain vehicles, the problem did not then warrant requiring additional steps to protect against inadvertent lock-up. Therefore, the agency rescinded the 1980 amendment. The agency stated that it would continue to monitor complaints on the subject, and initiate rulemaking should new data warrant it (46 Federal Register 32251, 32253, June 22, 1981).; Currently, the agency is re-evaluating whether data warrants amendin Standard 114 to improve key-locking systems by reducing the prospect of a driver s inadvertently locking the steering column while a motor vehicle is moving.; As to your question about the existence of a FMVSS which directl addresses the permissibility of a design which allows a car to jump from 'park' to 'drive' when a driver leaves the car in 'park,' the answer is there is no such standard. However, NHTSA has received a number of letters complaining of this phenomenon and, using its authority not only to issue FMVSS but also require the recall and remedy of vehicles and equipment with safety-related defects, has conducted investigations based on these complaints. A listing of the defects investigations can be obtained from: Technical Reference Division, NHTSA, Room 5108, 400 7th St., S.W., Washington, D.C. 20590.; I hope you find this information helpful. Sincerely, Erika Z. Jones, Chief Counsel