Interpretation ID: 1985-04.46

TYPE: INTERPRETATION-NHTSA

DATE: 12/19/85

FROM: TAKESHI TANUMA -- CHIEF OPERATING OFFICE; NISSAN RESEARCH AND DEVELOPMENT INC

TO: ERIKA JONES -- CHIEF COUNSEL NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION

TITLE: W-139-H

ATTACHMT: ATTACHED TO LETTER DATED 07/21/86 TO TAKESHI TANUMA, FROM ERIKA Z. JONES, REDBOOK A29 (3), PART 543

TEXT: Dear Ms. Jones:

On behalf of Nissan Motor Co., Ltd. of Tokyo, Japan, Nissan Research & Development, Inc., herewith requests interpretation of the term "standard equipment" with respect to the vehicle theft prevention provisions of the Motor Vehicle Information & Cost-Savings Act. Our request follows:

Sections 2025 (a) (1) & 2025 (a) (3) of the Motor Vehicle Information & Cost-Savings Act read as follows:

"(a) (1) Any manufacturer may petition the Secretary for an exemption from the application of any of the requirements of the vehicle theft prevention standard under Section 2022 of this title for any line or lines of passenger motor vehicles which are equipped as standard equipment with an antitheft device which the Secretary determines is likely to be as effective in reducing and deterring motor vehicle theft as compliance with the requirements of such standard." (Emphasis added)

"(a) (3) For purposes of paragraph (1), the term 'standard equipment' means equipment which is installed in a vehicle at the time it is delivered from the manufacturer and which is not an accessory or other item which the first purchaser customarily has the option to have installed." (Emphasis added)

In consideration of these two citations, would the antitheft device be considered "standard equipment" in the following example?

Example -

99.9% of "A" model vehicles are equipped with an antitheft device, and this same rate is projected for the 1987 model year. Of all of "A" model sales, only rental cars destined for Hawaii, Guam and Saipan are not equipped with an antitheft device. Sales figures from October, 1984 through September, 1985 for the "A" model are shown in the table below.$ MO3,18,15,16 With or Without Sales Sales Volume Antitheft Device Destination (10/84 - 9/85) Without Hawaii, Guam 96 & Saipan (Rental cars only) With U.S. -- 101,758 EXCEPT Ren- tal cars in islands above TOTAL 101,854 Thus the non-equipped rate of model "A" is less than 0.1%: (96/101,854) x 100 = 0.094%

We at Nissan thank you for your cooperation and we look forward to your response at your earliest possible convenience. If you have questions or if you require further information, please contact Mr. Tomoyo Hayashi in our Washington, D.C. office at (202) 466-5284.

Sincerely,