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Interpretation ID: 23564-3.drn


    [          ]

    Dear [          ]:


    This responds to your request for an interpretation of Standard No. 114, Theft Protection. You asked about the standard in connection with your companys keyless entry system ("Smart-Key"). I apologize for the delay in our response. Your "Smart-Key" system, and the system you describe as the "similar system," will be discussed in light of Standard No. 114s requirements.

    Before I address your questions, I note that in e-mail messages and a telephone conversation, you requested confidential treatment for the identity of your company and for yourself. I agree to keep your name and the name of your company confidential. All information in bold brackets [      ] will be kept confidential from the public. You have provided a two page e-mail attachment (without any information identifying you or your company), in which you described your keyless entry system and posed questions regarding the system and Standard No. 114. This two page attachment will be made publicly available.

    Please note that the National Highway Traffic Safety Administrations (NHTSAs) procedure for submitting requests to treat business information as confidential is set forth at 49 CFR Part 512 Confidential Business Information. I request that, in the future, when you submit information that you consider to be confidential, you follow Part 512s procedures.

    By way of background, the National Highway Traffic Safety Administration (NHTSA) does not provide approvals of motor vehicles or motor vehicle equipment. Under 49 U.S.C. Chapter 301, manufacturers are required to certify that their vehicles and equipment meet applicable requirements.I note that since Standard No. 114 applies to motor vehicles, it is the motor vehicle manufacturer, rather than the supplier of particular equipment, that must certify compliance with the standard. The following represents our opinion based on the facts you provided in your letter and in a March 13, 2002 telephone conversation with Edward Glancy and Dorothy Nakama of my staff. Our letter addresses some or all of the specific issues you raised as necessary to provide this interpretation. If we have not addressed an issue, you should not assume that we have concurred with a position you have expressed on that issue.

    YOUR SYSTEM

    Your companys "Smart Key" system

    The following describes how your "Smart Key" system functions. It is based on the description you provided, and also reflects our telephone conversation. If any part of our understanding is incorrect, please let us know, because our letter is based on these facts.

    The "Smart Key" is a small device, normally carried in the driver's pocket, which could be provided in credit-card format or some other specific shape. It is encoded with more than 1000 codes.

    Access to the car

    The vehicle electronics automatically unlock the doors when the key holder utilizes a handle-trigger on the door handle, if the key is located in an external detection area (1 to 2 meters around the car) on the same side as the triggered door, and if the key code is correctly identified. The car establishes with the "Smart Key" device a communication outside the car to identify the key code.

    To start the engine

    If the "Smart Key" is inside the car, and recognized after a successful identification, the engine can be started by turning an ignition switch knob. At the same time, the locking device is unlocked (steering column and engine immobilizer are unlocked).

    (In a similar system, if the "Smart Key" is inside the car, and recognized after a successful identification by the car, the engine can be started by pressing a push button with a pedal condition (i.e., clutch pedal or brake pedal pushed), or gear lever in park position.)

    To stop the engine

    The driver can switch off the engine without conditions, even if the gear lever is not in the park position. However, if the gear lever is not in the park position, the locking device (the steering column lock and the immobilizer system) remains unlocked.

    (In a similar system, the engine can be stopped by pushing a push button if the gear lever is in the park position and with a car speed of zero.)

    Locking of the locking device

    The locking device locks (steering column lock and electronic immobilizer are locked and presumably the transmission is locked in the park position) after the engine is switched off when the driver turns the ignition switch to the stop position and if the gear lever is in the park position. The driver cannot turn to the stop position of the ignition switch knob if the gear lever is not in park. Removal of the electronic code is accomplished automatically by locking of the locking device.

    (In a similar system, the locking device is locked after the engine is switched off.)

    During driving

    The removal of the "Smart Key" from the running vehicle would have no effect on the vehicle's operation until the engine is stopped. After the engine was stopped, it would be impossible to start up the engine without a key: either the "Smart Key" or "Traditional Key."

    Buzzer

    If the door is opened with the engine running, a warning buzzer does not sound. If the door is opened after stopping the engine and without locking of the locking device (without locking of the steering wheel) the buzzer warns the driver. If the door is opened after stopping the engine and locking of the locking device (locking of the steering wheel and presumably locking the transmission in park), the buzzer does not sound.

    Traditional key

    A traditional key (mechanical code plus transponder electronic code) can be used to unlock/lock the doors and to start up the engine instead of the "Smart Key" device.

    DISCUSSION

    In an interpretation letter of January 30, 1997, to an unnamed company, we stated that Standard No. 114 would permit a keyless entry system activated by an electronically coded card (similar to your companys system). We have followed that interpretation letter in addressing your keyless entry system, but have modified it with respect to the discussion of S4.5 of the standard.

    Effect of Key Removal. At S4.2, Standard No. 114 states in part that each vehicle shall have a key-locking system which, whenever the key is removed, prevents (a) the normal activation of the vehicles engine or motor; and (b) either steering or forward self-mobility of the vehicle or both. A vehicle with your companys system would be permitted by S4.2 because the absence of the "key" (the code) prevents normal activation of the engine and steering of the vehicle. This would also appear to be the case for the similar system you mention.

    Locked in Park. S4.2.1(a) of Standard No. 114 states that (with certain exceptions not relevant here) the key-locking system required by S4.2 in each vehicle which has an automatic transmission with a "park" position shall, when tested under the procedures in S5.2, prevent removal of the key unless the transmission or transmission shift lever is locked in "park" or becomes locked in "park" as the direct result of removing the key. Your company's "Smart Key" system would be permitted by S4.2.1(a) because removal of the "key" (identification code in the system) is accomplished only when the locking device locks (steering column lock and immobilizer are locked), which happens only when the gear lever is in park, and presumably locks the transmission in park. This would also appear to be the case for the similar system you mention, assuming that removal of the "key" (identification code in the system) is accomplished only when the locking device locks. This is because the locking device only locks when the engine is switched off, and the engine can only be switched off if the gear lever is in park.

    Consequences of Deactivating Engine or Motor.S4.3 states that, except when an automatic transmission vehicle is in "park," the means for deactivating the vehicles engine or motor shall not activate any device installed pursuant to S4.2(b) to prevent the vehicles steering or forward self-mobility or both. Your company's "Smart Key" system would be permitted by S4.3 because when the engine is switched off in situations where the gear lever is not in park, the locking device (the steering column lock and the immobilizer system) remains unlocked. The similar system you mention would also be permitted by S4.3, since the engine can only be switched off if the gear lever is in park. Thus, the similar system has no means for deactivating the vehicle's engine or motor except when the automatic transmission is in park.

    Combinations. S4.4 of Standard No. 114 states that for each vehicle type manufactured by a manufacturer, the number of different combinations of the key-locking systems required by S4.2 shall be at least 1,000, or a number equal to the number of vehicles of that type manufactured by the manufacturer, whichever is less.Your letter indicates that your company's "Smart Key" device is encoded with more than 1000 codes.As such, a vehicle with your system would appear to satisfy S4.4.

    Driver Warning. S4.5 of Standard No. 114 states that a warning to the driver shall be activated whenever the "key" required by S4.2 has been left in the locking system and the drivers door is opened, except: (a) after the key has been manually withdrawn to a position from which it may not be turned; (b) when the key-locking system is in the "on" or "start" position; or (c) after the key has been inserted in the locking system and before it has been turned.

    You state that if the engine is stopped by switching to a position that does not engage the locking devices, a warning buzzer sounds if the drivers door is opened. This is analogous to the situation in which a conventional key is left in the "off" position of the ignition switch, and S4.5 requires activation of the warning if the drivers door is opened.

    You further state that, for a vehicle equipped with your system, if the door is opened after stopping the engine and locking of the locking device (locking of the steering wheel) the key code is removed automatically, and the buzzer does not sound. This is analogous to the removal of the conventional key from the "lock" position and the buzzer need not sound. To the extent this interpretation is inconsistent with the January 30, 1997 interpretation letter, the earlier letter is superseded.

    We observe that if the "Smart Key" device remained in the car, e.g., in the pocket of a jacket laying on the seat, a person would need only turn the ignition switch knob to start the engine. It appears to us that, with systems of this kind, there would be, in the absence of some kind of a warning, a greater likelihood of drivers inadvertently leaving a "Smart Key" device in the car than with a traditional key. This is because the driver must physically touch a traditional key, unlike the "Smart Key" device, as part of turning off the engine. You and/or the vehicle manufacturer may wish to consider whether there are any practicable means of reducing the possibility of drivers inadvertently leaving their "Smart Key" devices in the car.

    I hope this information is helpful. If you have any further questions, please feel free to contact Dorothy Nakama of my staff at (202) 366-2992.

    Sincerely,

    Jacqueline Glassman
    Chief Counsel

    ref:114
    d.8/15/02