Interpretation ID: 1984-1.48

TYPE: INTERPRETATION-NHTSA

DATE: 05/07/84

FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA

TO: Manning; Fulton; and Skinner -- John B. McMillan

TITLE: FMVSS INTERPRETATION

ATTACHMT: 5/18/77 letter from Frank Berndt to Video Research Corp.

TEXT: Mr. John B. McMillan Manning, Fulton, and Skinner Raleigh, North Carolina

This is in response to your March 5, 1984 letter regarding the extent to which an automotive remote starting device which one of your clients wishes to market is compatible with the requirements of Federal Motor Vehicle Safety Standard (FMVSS) 114, Theft Protection. This device would permit a vehicle to be started from a remote location using a signal transmitter, provided the vehicle's gear shift is in the park position, the emergency brake is set, the hood is closed, and all the vehicle doors are closed. Further, should any of these failsafe systems became deactivated (e.g., gear shift lever moved out of the park position), the engine would automatically shut off.

FMVSS 114 reguires that passenger cars as well as trucks and multipurpose passenger vehicles with a gross vehicle weight rating of 10,000 pounds or less must have a key locking system that, when the key is removed, will prevent normal activation of the vehicle's engine and either steering or forward self-mobility. We presume that the steering/transmission lock feature is unaffected by your client's device. Therefore, the question presented by your client's system is whether that device, which permits activation of the engine when the ignition key is removed, permits "normal activation" of the vehicle.

In a previous agency interpretation (copy enclosed), the agency described certain characteristics of a remote starting system similar to your client's which we concluded were outside the concept of "normal activation." These characteristics are automatic deactivation of the remotely started engine when a vehicle door is opened, maintenance of the steering column or gear shift locking feature until the ignition key is inserted in the vehicle, and automatic deactivation of the remotely started engine after 15 minutes (unless the key is inserted in the ignition).

Your client's device apparently has some of these same characteristics as this previously considered device, as well as other automatic engine deactivation features which are comparable in nature. Therefore, we conclude your client's device does not conflict with the requirements of FMVSS 114, since it does not permit normal activation of the engine without the ignition key.

Sincerely,

Frank Berndt

Enclosure - See 5/18/77 Letter from Frank Berndt to Video Research Corp.

March 5 1984

Re: Hawban, Inc. - G-11934

Dear Mr. Berndt:

This letter will confirm my telephone conversation with Roger Fairchild regarding a patented device which my client Hawban, Inc. is attempting to market with major automobile manufacturers. A description of this product is attached for your review. In one of our meetings, John Mapleback of Ford suggested that we contact your office to review the concept with you. Specifically, before going any further, we wanted to be sure that your office would agree that this system is compatible with the existing standards of the National Highway Traffic Safety Administration and particularly Standard No. 114.

My client's device provides for the remote starting of an automobile and the signaling back as to whether the starting has been accomplished. There are significant safety features built into the device so, for example, the device will not operate unless the gear shift is in the park position, the emergency brake is set, the hood is closed and the doors are all closed. In the event any of these circuits are broken, as for example the hood is open, the engine will cut off. We do not feel that the device conflicts with Standard No. 114 because the use of it would not be "normal activation" of the vehicle. The device is not intended as a substitute for a key because the automobile could not be operated without a key. If the car door were to be opened the engine would shut off. If the gear shift were taken out of the park position, the engine would shut off. In fact, because it would encourage the owner to leave the vehicle in the "park" position and with the emergency brake engaged, we hope you will agree that it is a positive device.

We would appreciate your looking into this matter and confirming our interpretation of the relationship between this device and your standards.

Very truly yours,

MANNING, FULTON & SKINNER

John B. McMillan

JBM/gbj Enclosure omitted.