Interpretation ID: nht94-7.44

DATE: March 10, 1994

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: Michael J. Siris -- Attorney at Law

TITLE: None

ATTACHMT: Attached to letter dated 12/8/93 from Michael J. Siris to Mary Versailles (OCC-9469)

TEXT:

This responds to your letter of December 8, 1993, following a phone conversation with Mary Versailles of my staff. Your letter requested "confirmation that a manufacturer's compliance with a given NHTSA standard does not necessarily exonerate the manufacturer." You also asked whether there might be any standards other than Standard No. 114, Theft Protection, which might apply to a "1987 Ford vehicle which allowed the automatic transmission to be shifted while the key was not in the steering column."

Section 108(k) of the National Traffic and Motor Vehicle Safety Act (15 U.S.C. S1397(k)) states:

Compliance with any Federal motor vehicle safety standard issued under this title does not exempt any person from any liability under common law.

Thus, you are correct that a vehicle's compliance with all applicable safety standards does not necessarily exonerate the manufacturer from liability under other causes of action.

With regard to your second question, S4.2.1 of Standard No. 114 states that, with certain exceptions,:

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 shaft lever is locked in "park" or becomes locked in "park" as the direct result of removing the key.

However, as explained in your phone conversation with Ms. Versailles, this requirement was added to Standard No. 114 in 1991 and was effective September 1, 1992. There was no Federal standard which prohibited a 1987 vehicle from having an automatic transmission which could be shifted when the key was removed. I am also unaware of any other standard or regulation containing such a requirement.

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.