Interpretation ID: nht87-3.18

TYPE: INTERPRETATION-NHTSA

DATE: 11/02/87

FROM: AUTHOR UNAVAILABLE; Erika Z. Jones; NHTSA

TO: Kenji Shimamura -- Exective Vice President and General Manager, Mazda (North America) Inc.

TITLE: FMVSS INTERPRETATION

TEXT:

Mr. Kenji Shimamura Executive Vice President and General Manager Mazda (North America) Inc. Research & Development Center 1203 Woodbridge Avenue Ann Arbor, Michigan 58105

This responds to your letter concerning the requirements of Standard No. 105, Hydraulic Brake Systems, for brake indicator lamps. The second sentence of section S5.3.2 of the standard provides that in vehicles equipped with an automatic transmission, the activation of the indicator lamp(s) as a check of lamp function is not required when the transmission shift lever is in a forward or reverse drive position. You asked if this provision can be interpreted to apply to vehicles equipped with a manual trans mission and fitted with a clutch pedal interlock switch, based on a purported equivalent function of the clutch pedal starter interlock switch to the automatic transmission starter interlock. As discussed below, the answer to your question is no. As requ ested by your letter, we will consider your request as a petition for rulemaking and process it accordingly.

By way of background information, the National Highway Traffic Safety Administration 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 manufac turer to ensure that its vehicles or equipment comply with applicable standards. The following represents our opinion based on the facts provided in your letter.

Section S5.3.2 of the standard states:

All indicator lamps shall be activated as a check of lamp function either when the ignition (start) switch is turned to the "on" (run) position when the engine is not running, or when the ignition (start) switch is in a position between "on" (run) and "s tart" that is designated by the manufacturer as a check position. However, in vehicles equipped with an automatic transmission, the activation as a check of lamp function is not required when the transmission shift lever is in a forward or reverse drive position.

Standard No. 105. In adding the sentence, NHTSA stated the following:

Toyota Motor Sales, Inc., has requested confirmation that S5.3.2 of the standard requires a check of the brake system indicator lamp function only when the transmission shift lever is in the "P" (park) or "N" (neutral) position (in the case of vehicles w ith automatic transmission), The literal wording of S5.3.2 requires a check of lamp function without regard to the position of the transmission shift lever, whenever the ignition switch is turned to the "on" position when the engine is not running, or wh en the ignition switch is in a position between "on" and "start" that is designated by the manufacturer as a check position. In the case of vehicles with an automatic transmission, however, this wording does not reflect the NHTSA's intent with respect to check function. To properly reflect this intent, the language of S5.3.2 is hereby modified in accordance with Toyota's request. . . . 40 FR 42872, September 17, 1975.

Thus, except to the extent provided by the second sentence of section S5.3.2, that section requires a check of lamp function without regard to the position of the transmission shift lever, whenever the ignition switch is turned to the "on" position when the engine is not running, or when the ignition switch is in a position between "on" and "start" that is designated by the manufacturer as a check position. Since the second sentence of section S5.3.2 specifically applies only to "vehicles equipped with an automatic transmission," we conclude that the sentence cannot be applied to vehicles equipped with a manual transmission.

Sincerely,

Erika Z. Jones Chief Counsel

Re: Request for Interpretation/Petition for Rulemaking - 49 CPR Part 571.105. Hydraulic Brake Systems

Dear Ms. Jones:

Mazda (North America). Inc., on behalf of Mazda Motor Corporation located in Hiroshima. Japan, (Mazda) requests that the National Highway Traffic Safety Administration (NHTSA) provide an interpretation of 49 CFR Part 571.105, 55.3. Brake System Indicator Lamp. Further, subject to the stipulations enumerated below. please consider this document a formal petition for rulemaking consistent with 49 CFR Part 552. Petitions for Rulemaking. Defect, and Noncompliance Orders.

49 CFR Part 571.105, 55.3. cites several performance requirements for brake system indicator lamps. Among these are the conditions, as a function of ignition switch position that the indicator lamp must be activated. 49 CPR Part 571.105. 55.3.2. specific ally requires the lamp to be activated whenever the ignition switch is turned to the "on" position or is turned to a position between the "on" and "start" position, dependent on the preference of the manufacturer. It also exempts certain requirements for vehicles equipped with an automatic transmission whenever the transmission shift lever is in a forward or reverse drive position.

The obvious justification for the above partial exemption is that these vehicles must also comply with the requirements of 49 CFR Part 571.102, S5.3.2. This regulation prohibits engines of vehicles equipped with automatic transmissions from starting when ever the transmission shift lever is in a forward or reverse drive position. Operation of a vehicle with the transmission shift lever so positioned is therefore not possible. The warning function of the brake system indicator lamp accordingly serves no s afety function for an inoperative vehicle.

Mazda's question relates to the lack of such a safety function on the analogous situation of a vehicle equipped with a manual transmission. such vehicles are often equipped with a clutch pedal starter interlock switch which prevents the engine from start ing (by interruption of the starter motor circuit Page 2 of 3 unless the clutch pedal is fully depressed. This device Protects the vehicle and occupants from inadvertent engine activation when the vehicle transmission is in gear and possible unexpected m ovement of the vehicle The avoidance of such an occurrence is precisely the justification for the adoption of 49 CFR Part 571.102. 53.1.3. for vehicles equipped with automatic transmissions and obviously led to the subsequent partial exemption for vehicl es so equipped from the requirements of 49 CPR Part 571.105, 55.3.2.

Based on the equivalent function of the clutch pedal starter interlock switch to the automatic transmission starter interlock, Mazda has concluded that a vehicle equipped with a manual transmission and fitter with a clutch pedal interlock switch should a lso be exempted from certain brake system indicator lamp requirements of 49 CFR Part 571.105, S5.3.2.. However, a technical interpretation of this regulation clearly does not support Mazda's conclusion to the extent that all risk of a technical non-compl iance can be eliminated.

Therefore. Mazda requests that the Agency review this issue and comment on the appraisal provided above. Mazda is especially interested in the opinion of the NHTSA regarding the ability of a vehicle equipped with a manual transmission fitted with a clutc h pedal interlock switch to apply the brake system indicator lamp activation partial exemption as provided in 49 CFR Part 571.105. S5.3.2. and still comply with all applicable provisions.

Should the NHTSA conclude that the technical language of 49 CFR Part 571.105. S5.3.2. cannot incorporate, as written, manual transmissions fitted with a clutch pedal interlock switch, please consider this document a formal petition consistent with 49 CFR Part 552. Petitions for Rulemaking, Defect, and Noncompliance Orders, and forward it to the Administrator for appropriate consideration.

Based on the discussion provided above. Mazda believes that there is ample cause for the NHTSA to afford manual transmissions equipped with clutch pedal starter interlock switches the same exemptions currently contained in 49 CFR Part 571.105, S5.3.2.. A s noted above. the manual transmission clutch pedal starter interlock switch is equivalent in function to the automatic transmission starter interlock switch currently partially exempted. No safety degradation is expected to occur if manual transmissions are also partially exempted by 49 CFR Part 571.105.5.3.2., providing the empirical and analytical justification for the NHTSA's current, limited exemption of automatic transmission starter interlocks is adequate.

Further, Mazda asserts that overall cost effectiveness and to a lesser degree, safety will actually be enhanced through fewer low speed collisions. The option for a manufacturer to employ a single wiring harness for the brake system indicator lamp circui t for vehicles equipped with both manual and automatic transmissions will be a powerful incentive for manufacturers to provide clutch pedal starter interlock switches for vehicles not currently so equipped. Unexpected motion of the vehicle during engine activation will be reduced as the clutch pedal will be depressed more often in a wider variety of vehicles prior to engine activation.

Currently, Mazda designs, produces and installs two separate brake system indicator lamp wiring harnesses for each model.,the only difference being the activation logic for the brake lamp. In both harnesses, Mazda has designed the brake system indicator lamp to activate between the "on" and "start" ignition switch position. By harmonizing the requirement between vehicles equipped with automatic transmissions and manual transmissions, this unnecessary duplication and its attendant costs will be avoided. The result will be simplification in design, production schedules, inventory controls and assembly procedures. These cost avoidances are substantial and will allow the consumer to obtain and maintain less expensive and possibly safer vehicles.

Therefore, Mazda recommends that 49 CFR Part 571.105. 55.3.2. be amended as follows:

"All indicator lamps shall be activated as a check of lamp function either when the ignition (start) switch is turned to the "on" (run) position when the engine is not running, or when the ignition (start) switch is in a position between "on" (run) and " start" that is designated by the manufacturer as a check position. However, if engine activation is prevented due to the function of any starter of engine inter-lock device, the activation as a check of lamp function is not required".

Thank you for your consideration of this matter. Should you or your staff have any questions regarding either the request for interpretation or the conditional petition for rulemaking, please contact Mr. Sadato Kadoya (313-747- 8881) for assistance.

Sincerely,

Kenji Shimamura Executive Vice President and General Manager