Interpretation ID: aiam5061
OH 43319-0367;
"Dear Mr. Boyne: This responds to your letter requesting clarification of the requirements of S4.2.1 of Standard No. 114, Theft Protection. That section sets forth new requirements relating to key removal, which became effective on September 1, 1992. Your letter asks whether a vehicle which operates in the following manner would meet the requirements: Initial Condition - Engine running and shift lever positioned in 'drive'. Action - The operator depresses the thumb button on the left side of the shift lever and moves the shift lever to the 'park' position. Point of Concern - As long as the thumb button is held in the depressed position, the ignition key can be rotated to the lock position and removed. Still holding the thumb button, the shift lever can later be moved to any position. Removal of the key will only occur in the 'park' position. As discussed below, it is our opinion that a system which operates in the manner you described would comply with S4.2.1 of the standard for vehicles manufactured before September 1, 1993, but not for vehicles manufactured after that time. This assumes, for vehicles manufactured before September 1, 1993, that steering is prevented after removal of the key. It also assumes that the system does not otherwise permit removal of the key when the transmission is not locked in park. By way of background information, the National Highway Traffic Safety Administration (NHTSA) 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 meet applicable standards. The following represents our opinion based on the facts provided in your letter. Section S4.2.1 of Standard No. 114 states: Except as provided in S4.2.2(a) and (b), the key-locking system required by S4.2 in each vehicle which has an automatic transmission with a 'park' position shall 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. The system which you describe appears to permit removal of the key in a situation when both the transmission and transmission shift lever are not locked in 'park' and when they do not become locked in 'park' as the direct result of removing the key. This conclusion follows from the fact that, following the removal of the key, the shift lever can be moved to any position. Therefore, the system you describe would not comply with S4.2.1 unless one of the exceptions in section S4.2.2(a) and (b) apply. The exception set forth in S4.2.2(a) only applies in the event of electrical failure and is therefore not relevant to the system you describe. S4.2.2(b) of Standard No. 114 reads as follows: (b)(1) Notwithstanding S4.2.1, each vehicle specified therein may have a device which, when activated, permits moving the transmission shift lever from 'park' after the removal of the key provided that steering is prevented when the key is removed. (2) For vehicles manufactured on or after September 1, 1993, the means for activating the device shall either be operable by the key, as defined in S3, or by another means which is covered by a non-transparent surface which, when installed, prevents sight of and activation of the device and which is removable only by use of a screwdriver or other similar tool. NHTSA included this second exception to allow for a manual override of the transmission shift lock so that a disabled vehicle could be moved. The requirement that such devices either be operable by the key or by another means which is covered by a non-transparent surface originally had an effective date of September 1, 1992. However, after considering petitions for reconsideration, NHTSA decided to provide an additional year's leadtime, noting that this would lessen the impacts associated with such redesign of the emergency override buttons of a number of systems. While the agency was primarily concerned about emergency override buttons in drafting S4.2.2(b), it is our opinion that the language in (b)(1) is sufficiently broad to include the thumb button on a transmission shift lever itself, i.e., the button can be considered a device which, when activated, permits moving the transmission shift lever from 'park' after the removal of the key. Therefore, assuming that steering is prevented after the removal of the key, the system you describe would come within the exception provided in S4.2.2(b)(1). Effective September 1, 1993, of course, such a device must also meet the requirements set forth in S4.2.2(b)(2) in order to come within this exception to S4.2.1. The system you describe would not fall within the exception at that time. The thumb button is not 'the key, as defined in S3.' In addition, the thumb button is not 'covered by a non-transparent surface which, when installed, prevents sight of and activation of the device and which is removable only by use of a screwdriver or other similar tool.' Therefore, based on the information you have provided, the system would not comply with S4.2.1 for vehicles manufactured on or after September 1, 1993. I hope you find this information helpful. If you have any other questions, please contact Mary Versailles of my staff at this address or by phone at (202) 366-2992. Sincerely, Paul Jackson Rice Chief Counsel";