Interpretation ID: Katz.1

Norman Katz, Esq.

Saretsky, Katz, Dranoff & Glass, L.L.P.

475 Park Avenue South

New York, NY 10016

Dear Mr. Katz:

This responds to your inquiry of February 8, 2006, in which you asked whether there are any safety standards, directives, or regulations related to the necessity for safety shields to prevent the use of the solenoid switch to jumpstart a passenger vehicle. You further asked whether there are penalty provisions related to the agencys regulations and/or directives, and if so, how such penalties are enforced. In response to your questions, although our regulations do contain requirements for theft protection, there is not any specific requirement for a safety shield to prevent use of the solenoid switch to jumpstart a vehicle.

By way of background, the National Highway Traffic Safety Administration (NHTSA) is authorized to issue Federal motor vehicle safety standards (FMVSSs) that set performance requirements for new motor vehicles and items of motor vehicle equipment (see 49 U.S.C. 30111 and 49 CFR Part 571). NHTSA does not provide approvals of motor vehicles or motor vehicle equipment, but instead, it is the responsibility of manufacturers to self-certify that their products conform to all applicable safety standards that are in effect on the date of manufacture (see 49 U.S.C. 30115 and 49 CFR Part 567, Certification).

Regarding enforcement of the agencys standards, NHTSA tests vehicles and equipment for compliance with the FMVSSs and investigates defects relating to motor vehicle safety.  If a manufacturer or NHTSA determines that a noncompliance or safety-related defect exists, the manufacturer must notify purchasers of its product and remedy the problem free of charge (see 49 U.S.C. 30118, 30120).  In addition, the manufacturer is liable for a civil penalty of up to $5,000 for each noncomplying item it produces (see 49 U.S.C. 30165), unless it can establish that it had no reason to know, despite exercising "reasonable care" in the design and manufacture of the product (through actual testing, computer simulation, engineering analysis, or other means), that the product did not in fact comply with the safety standards (see 49 U.S.C. 30112(b)(2)(A)). In addition, a manufacturer is prohibited from selling or making available for sale any vehicle or equipment that does not comply with all applicable FMVSSs (see 49 U.S.C. 30112).

FMVSS No. 114, Theft Protection, specifies requirements for theft protection to reduce the incidence of crashes resulting from unauthorized operation of a motor vehicle (see 49 CFR 571.114 (copy enclosed)). It also specifies requirements to reduce the incidence of crashes resulting from the rollaway of parked vehicles with automatic transmissions resulting from the shift mechanism being moved out of the park position. The standard applies to passenger cars and to trucks and multipurpose passenger vehicles with a gross vehicle weight rating (GVWR) of 4,536 kg (10,000 pounds) or less (excluding walk-in, van-type vehicles).

Of note with respect to your question, paragraph S4.2 of the standard requires, 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. Except in limited circumstances set forth in the standard, a vehicle with an automatic transmission with a park position must 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. When the transmission or transmission shift lever is locked in park, the vehicle may not move more than 150 mm on a 10 percent grade.

The jumpstart situation suggested in your letter might arise from a variety of circumstances, including a vehicle owner seeking to activate the vehicle as a result of a lost/misplaced key, or more likely, an attempt by a third party to obtain the vehicle without the owners consent (theft).

FMVSS No. 114 requires that the vehicle be configured so as to prevent steering or forward self-mobility when the key is removed. A manufacturer may use any available technology to meet the requirements of the standard (see enclosure from the NHTSA website regarding various anti-theft devices). Accordingly, it is not necessary to require use of any specific technology, such as the safety shield suggested in your letter.

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

Sincerely,

Stephen P. Wood

Acting Chief Counsel

Enclosures

ref:114

d.6/6/06