Interpretation ID: 19796-2

Mr. Yaichi Oishi
General Manager
Vehicle Safety Regulation
Toyota Technical Center, USA, Inc.
1850 M Street, N.W.
Washington, DC 20036

Dear Mr. Oishi:

This responds to your letter asking how Standard No. 102, Transmission Shift Lever Sequence, Starter Interlock, and Transmission Braking Effect (49 CFR 571.102) would apply to the hybrid electric vehicle Toyota produces. I regret the delay in responding. According to your letter, this hybrid vehicle uses both an electric motor and gasoline engine to provide motive power and the engine starts and stops as needed, instead of idling constantly as most engines do.

You were concerned about S3.1.3 of Standard No. 102, which provides that "the engine starter shall be inoperative when the transmission shift lever is in a forward or reverse drive position." Your hybrid electric vehicle would not comply with a literal reading of this provision because the gasoline engine starts automatically with the transmission in any position except Neutral to supplement the electric motor's power and/or to recharge the batteries.

While the starter for the gasoline engine is not inoperative when it starts automatically as needed, we do not interpret S3.1.3 as prohibiting your design. In construing our standards, we bear in mind the purpose underlying the provision that we have been asked to interpret. In this case, you have correctly stated that the purpose of the inoperative starter provision is to ensure that the vehicle will not lurch forward or backward unexpectedly from a parked position when the starter is first engaged to start the vehicle. Your design does not allow the vehicle to turn on unless the transmission is in Park. We agree with you that this feature precludes any sudden unexpected movement of the vehicle, the precise problem the "inoperative starter" provision addresses.

After considering your letter, the agency intends to begin rulemaking to update the language of Standard No. 102 to address the technological advances in this area since the current language was adopted in 1968. Until that action is completed, we will interpret S3.1.3 of Standard No. 102 as requiring that driver activation of the engine starter must be inoperative when the transmission shift lever is in a forward or reverse drive position. This meaning effectively addresses the purpose of the requirement, while allowing flexibility for advanced designs. Consistent with this reading of the existing language, the design on your hybrid electric vehicle would not be prohibited by S3.1.3 of Standard No. 102.

Sincerely,
Frank Seales, Jr.
Chief Counsel
NCC-20:PAtelsek:6-2992: OCC# 19796:6/22/99:Dfujita9/29/99
cc: NCC-0l Subj/Chron; NCC-20 (PA), NPS-01, NSA-01
Interp. std. 102; Redbook (2)