Interpretation ID: 19797-1.pja

Mr. Yaichi Oishi
General Manager
Vehicle Safety Regulation
Toyota Technical Center, USA, Inc.
1850 M Street, NW
Washington, DC 20036

Dear Mr. Oishi:

This responds to your letter asking for an interpretation of how Federal Motor Vehicle Safety Standard No. 103, Windshield Defrosting and Defogging Systems, would apply to the Prius, a hybrid electric vehicle Toyota produces. I apologize for the delay in our response. According to your letter, the vehicle utilizes both an electric motor and gasoline engine to provide motive power. The wheels and the powertrain cannot be mechanically disconnected. For this reason, the engine cannot be "raced" when the transmission shift lever is in the "neutral" position, as it can with most vehicles.

Your concern is with S4.3(b)(2)(i) of Standard No. 103, which states that "The engine speed shall not exceed 1,500 r.p.m. in neutral gear." You believe that the purpose of this provision is to allow testing to be conducted on a stationary vehicle with the engine racing up to 1,500 r.p.m. You state that, since conventional engines can be raced while stationary in either "park" or "neutral," that we should interpret the term "in neutral gear" as meaning any shift position in which motive power is not transmitted to the wheels, including "park."

We agree that the purpose of the provision at issue is to allow testing of a vehicle's defrosting/defogging system to be conducted with the vehicle stationary but with its engine at a speed up to 1,500 r.p.m. This, in essence, gets and keeps the engine up to its ordinary operating temperature during the test. Since, because of the new technology used in your vehicle, the engine speed cannot be maintained at 1,500 r.p.m. when the shift position is in "neutral" but can be when the shift position is in "park," we would interpret the standard to permit the shift position to be in "park" for purposes of S4.3(b)(2)(i) of Standard No. 103. Please note that this interpretation reflects consideration of the purposes underlying Standard No. 103 generally and S4.3(b)(2)(i) in particular and should not be considered to have any broader application. We also note that S4.3(b)(2)(ii) provides another option which allows for testing in a forward drive position.

If you have any further questions, please feel free to contact Edward Glancy of my staff at this address or by telephone at (202) 366-2992.

Sincerely,
Frank Seales, Jr.
Chief Counsel
ref:103
d.3/10/2000