Search Interpretations

Interpretation ID: GF001689

    Mr. Kenneth Reed
    Product Legislation and Compliance
    Jaguar Cars
    555 MacArthur Boulevard
    Mahwah, NJ 07430


    Dear Mr. Reed:

    This responds to your letter asking about S4.2.2(a) of Standard No. 114, Theft Protection, in connection with Jaguars "pass key technology." The issues raised by your letter are addressed below.

    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.  The following represents our opinion based on the facts you provided in your letter.

    Under S4.2.1 of Standard No. 114, the key-locking system in vehicles that have an automatic transmission with a "park" position, when tested under specified procedures, must generally 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. S4.2.2(a) states (in relevant part) that notwithstanding S4.2.1, provided that steering is prevented upon the key's removal, each vehicle specified therein may permit key removal when electrical failure of the system (including battery discharge) occurs.

    You asked how S4.2.2(a) applies to key-locking systems using "pass key technology," i.e., systems using electronically coded cards or other means to enter an electronic key code into the locking system. In past interpretation letters, we have stated that the electronic code itself can be considered the key. You noted that in situations of sudden and complete loss of electrical power, the electronic key code could be immediately erased from the vehicles volatile memory, before a vehicle could be stopped.

    In considering your question, we believe it is helpful to note the history of the provision at issue. On January 17, 1992, we published in the Federal Register (57 FR 2039) a notice responding to petitions for reconsideration of amendments to Standard No. 114. Honda and Toyota, asking about key-locking systems using conventional keys, asked that the standard make it clear that key removal was permitted in the circumstance of electrical failure when the vehicle's transmission was not in park.

    In addressing these requests, the agency stated:

    NHTSA believes that there is an interpretation issue concerning whether the March 1991 amendments permit key removal after battery discharge. For example, the Honda system ordinarily prevents key removal unless the transmission is locked in park, as required by the amendments. Only under a failure condition, battery failure, is it possible to remove the key when the vehicle's transmission is not in park. It could be argued that a non-failed battery is an assumed test condition for the requirement and that Honda's system therefore meets the requirement as written. 57 FR at 2041.

    As explained in that notice, however, the agency decided to resolve the issue raised by Honda and Toyota by making it clear in the text of the standard that key removal is permitted in the circumstance of electrical failure when the vehicle's transmission is not in park. To implement this decision, the agency adopted the language of S4.2.2(a) discussed earlier; i.e., specifying that "(n)otwithstanding S4.2.1, provided that steering is prevented upon the key's removal, each vehicle specified therein may permit key removal when electrical failure of the system (including battery discharge) occurs . . . ."

    In considering the issues raised by your letter, it is our interpretation that the narrow provisions related to electrical failure do not apply to pass key technology where electronically coded cards or other means are used to enter an electronic key code into the locking system. These provisions were specifically crafted in the context of addressing whether (and under what circumstances) traditional keys should be permitted to be removed after battery discharge occurs, whereas, in the case of "pass key technology," electrical failure can automatically result in the immediate removal of the electronic key code. Moreover, the clause provided that steering is prevented upon the key's removal would not be appropriate in situations where sudden and complete loss of electrical power could result in immediate erasure of the electronic key code before a vehicle could be stopped, since paragraph S4.3 requires that steering be maintained in that situation.

    I hope this information is helpful. If you need further assistance, please contact George Feygin of my staff at this address or at (202) 366-2992.

    Sincerely,

    Jacqueline Glassman
    Chief Counsel

    Enclosure
    ref:114
    d.5/27/03