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Interpretation ID: 23055-2.drn



    Walter J. Lewis, Senior Compliance Engineer
    Porsche Cars North America, Inc.
    980 Hammond Drive
    Atlanta, GA 30328

    Dear Mr. Lewis:

    This responds to your request for an interpretation of the requirements for heating/air conditioning controls specified in Federal Motor Vehicle Safety Standard No. 101, Controls and Displays. In particular, you asked whether, for a proposed system you are considering, the design concept for identifying the temperature control, fan speed control, windshield defroster, rear window defroster, and the air conditioning/heating system would meet Standard No. 101's requirement that identification of controls be "on or adjacent" to the control. Our response is provided below.

    Because your system is still undergoing development, certain specifics about how some controls are to be actuated or adjusted and identified are apparently not available. However, we believe we have sufficient information about your system, including its basic concept, to respond to your question. The following represents our understanding of how your proposed system would function, based in part on a June 18, 2001, meeting between National Highway Traffic Safety Administration officials, and Mr. Stephan Schlaefli, Porsche's General Manager for Compliance, and Mr. Dale Kardos, a Porsche consultant.

    Porsche's Proposed Design for Its Control and Display System

    With your letter, we were provided three additional pages: a computer-generated depiction of a passenger car interior with the proposed system, and two other pages that depict images of identification of controls as they would appear on a video display screen. (1) The computer-generated image shows on the front dash a small video display screen. On a center console between the driver's seat and the front passenger seat are several buttons and a "combination multi-function switch/rotary dial." This latter device includes a dial which can be rotated and what might be called four toggle switches around the dial (or a joystick that can be moved to four positions). The buttons and combination multi-function switch/rotary dial are the controls for temperature, fan speed, the windshield defroster, the rear window defroster, heating and air conditioning, and other functions such as the radio and navigational guide.

      A. Buttons Used with Video Display Screen

      The buttons consist of the following, from left to right:

      • A single button labeled "C," which stands for "cancel."

      • A temperature control button, below which is a fan control button

      • A windshield defroster control button, below which is a rear window defroster control button

    Apparently, by pressing "C," one can cancel the most recently actuated function. Except for "C," each button is labeled with the ISO symbol for the respective function. Pressing the respective button turns on each function. To adjust the respective function, (i.e., increase or decrease fan speed, or raise or lower the temperature), one uses the dial that is part of the combination multi-function switch/rotary dial (located under the various buttons). This dial must be used in conjunction with the video display screen.

    For example, to actuate the fan speed control, one presses the fan speed button (on the console between the driver and front passenger seats). On the video display (on the front dash) appears a circle that depicts the dial, with the fan symbol in the middle. Curved arrows within the circle point to the right and left. On another part of the video display appears the fan symbol next to six vertical bars that increase in height from short to long. Turning the dial makes the fan speed faster or slower. The fan speed is indicated by the number of illuminated bars. The faster the fan spins, the more bars are illuminated. By turning the dial to the right or left, one sees the number of bars either illuminating or darkening, until all bars are either illuminated or dark.

      B. Primary Functions for the Combination Multi-Function Switch/Rotary Dial

    If the dial were compared to the face of a clock, at the 12, 3, 6 and 9 o'clock positions of the dial are what appear to be toggle switches (or a joystick) that can be adjusted at each position. Only one position at a time can be selected.

      • The 12 o'clock position is labeled "A/C," for air conditioning,

      • The 3 o'clock position is labeled "SET," which stands for an unspecified function or functions (which apparently do not include controls specified in Table One of Standard No. 101),

      • The 6 o'clock position is labeled "Radio" and

      • The 9 o'clock position is labeled "BC" which is an abbreviation for the on-board computer that provides information such as fuel consumption, and oil temperature.

      We assume the dial can be rotated indefinitely.

      C. Multiple Uses for the Combination Multi-Function Switch/Rotary Dial

    Although the four dial positions are labeled as described above, they in fact can be used for multiple functions that must be actuated in conjunction with the video display screen on the front dash. Not all of the functions that are available by use of the toggle switches and dials were described.

    To give an example, to actuate the air conditioning system, one pushes the toggle switch at the 12 o'clock position (labeled "A/C") of the dial. One knows the air conditioning function is actuated because a new screen appears (on the video display screen), in the corner of which the term "AC" is highlighted. On the new screen appears a circle in the middle of which is the ISO symbol for temperature (a depiction of a thermometer) with the term " C." The circle represents the dial. We assume that the air conditioning can be turned up or down by turning the dial.

    Contrary to what is actually labeled on the center console dial, the video display screen shows four entirely different functions for the air conditioning control. On the video display screen, the 12 o'clock position is labeled with the ISO symbol for air conditioning (a snowflake), the 3 o'clock position is labeled with the ISO symbol for air vent direction (three arrows pointing towards a passenger seat), the 6 o'clock position is labeled "Auto" (which apparently stands for a default position that one can set) and the 9 o'clock position is depicted with a symbol which we assume stands for air circulation (three curved arrows forming a circle).

    If one wants to adjust the air vent direction, one pushes the toggle switch (located on the center console) at the 3 o'clock position. One knows when the correct function is selected because in the corner of the display screen, the ISO symbol for air vent direction is highlighted. Selection of the air vent direction function results in the display of other images on the display screen, this time the circle with four alternative air vent directions at each clock position. The desired air vent direction is selected by pushing the toggle switch at the depicted position.

    Would a Vehicle With the Proposed Design Meet Standard No. 101's Requirement that Identification of Controls be "on or adjacent" to the Control?

    With this background information, I will now address how Standard No. 101 affects your proposed design. S5.2.1(a) states in relevant part:

      [a]ny hand-operated control listed in column 1 of Table 1 that has a symbol designated for it in column 3 of that table shall be identified by either the symbol designated in column 3 ... or the word or abbreviation shown in column 2 of that table. ... Any such control for which column 2 of Table 1 and/or column 3 of Table 1 specifies "Mfr. Option" shall be identified by the manufacturer's choice of a symbol, word or abbreviation, as indicated by that specification in column 2 and/or column 3. The identification shall be placed on or adjacent to the control. (Emphasis added.)

    Controls listed in column 1 of Table 1 include the "heating or air conditioning fan," the "windshield defrosting and defogging system," the "rear window defrosting and defogging system," and the "heating and air conditioning system."

      Further, S5.2.2 states in relevant part:

      Identification shall be provided for each function of any automatic vehicle speed system control and any heating and air conditioning system control, and for the extreme positions of any such control that regulates a function over a quantitative range. If this identification is not specified in Table 1 or Table 2, it shall be in word or symbol form unless color coding is used. If color coding is used to identify the extreme positions of a temperature control, the hot extreme shall be identified by the color red and the cold extreme by the color blue.

    The primary issue raised by your proposed design is whether, given the substantial distance between the combination multi-function switch/rotary dial and the related video display, the identification provided by means of the video display can be said to meet the standard's requirement that identification for specified controls be provided "on or adjacent to" the control.

    I note that, in both the case of the fan control and the heating and air conditioning system controls, one must rely on the video display screen for identification of all of the functions. As previously noted, one turns the fan on or off by pressing on one of the buttons above the dial on the center console, and one turns on the heating and air conditioning system by pressing the toggle switch at the 12 o'clock position on the combination multi-function switch/rotary. In both cases, pressing the button or switch turns the function on, but to adjust the system, the dial must be turned to the right or left. The identification of the function engaged in twisting the dial is shown on the video display screen only, not on the center console.

    The Random House Compact Unabridged Dictionary, Special Second Edition, defines "adjacent" as follows:

      1. lying near, close, or contiguous; adjoining; neighboring: a motel adjacent to the highway. 2. just before, after, or facing: a map on the adjacent page.

    In a June 8, 2000, letter to an unnamed company, we addressed a proposed design where several multi-function push button switches were accompanied by a video screen which depicted the switches and the functions of the switches, which varied depending upon the system selected by the driver. In addressing whether the identification for the push button considered "on or adjacent" to the controls, we stated:

      The answer is yes. The video screen that shows the images corresponding to the switches, and identification for the switches, is directly above the switches. Although there is a small unavoidable break between the video screen and the switches, no control, display or other potential source of distraction appears between the video screen and switches. For these reasons, we conclude that the proximity between the switches and the images/identification is so close that they are "adjacent" to each other.

    By contrast, for your proposed design, there is no such close proximity between the combination multi-function switch/rotary dial and the related video display. Therefore, they cannot be considered to be "adjacent" to each other.

    We note that by implication in our June 8, 2000, letter and as explained further in a February 28, 2001, letter to Mazda, we adopted an especially broad interpretation with respect to the identification of the "extreme positions" of controls that regulate a function over a quantitative range, as applied to controls which rotate indefinitely. We explained our position as follows:

      Standard No. 101 does generally require that identification of controls be on or adjacent to the controls. Otherwise, there would be no logical connection between the identification and the control. This is why we made it clear, for the push button switches we addressed in our June 8, 2000, letter, that there needed to be close proximity between the switches and the images/identification.

      For traditional controls that regulate a function over a quantitative range, e.g., dials, levers or buttons that move only within a limited range, it makes obvious sense to require identification of the extreme positions to be located on or adjacent to the controls. This is the logical way for a driver to be able to identify the extreme positions.

      However, such a requirement does not necessarily make sense for new kinds of controls that regulate a function over a quantitative range, but do not have extreme positions in the traditional sense. For example, dials that can be rotated indefinitely are sometimes associated with a visual display. In a sense, the control consists of both the dial and the display. While it is obviously important that identification of the dial itself be located on or adjacent to the dial, there is no extreme position (in the traditional sense) to identify. And, whether for the system we addressed in our June 8, 2000, letter or for your system, we see no reason to interpret the standard to require the "means by which the driver can know when the extreme positions have been reached" (i.e., the relevant displays) to be on or adjacent to such dials.

      We note, however, that if the relevant displays are separated from the dials, there must be sufficient independent identification for both the dial and the separate display that the driver can understand both items. Our review of your proposed design does not indicate any problem in this area. For example, the dial for the fan control is marked with the fan symbol to indicate function and (+) (-) signs to indicate how fan speed is increased and decreased, and the display for fan speed shows the fan symbol to identify function and a triangle to indicate relative speed.

    Your system, however, is not covered by this interpretation. It involves controls other than ones which regulate a function over a quantitative range, e.g., the selection of AC subsystem functions. These controls are akin to the switches and the images/identification we discussed in our June 8, 2000, letter and which we concluded were subject to the requirement that identification be provided on or adjacent to the control. Also, in using the multi-function switch/rotary dial for controlling the fan over a quantitative range, there isn't sufficient independent identification for both the dial and the separate display. I also note that the permanent labeling of the combination multi-function switch/rotary dial with the terms "A/C, SET, Radio and BC," is inaccurate, in the sense that that labeling does not apply in situations where the driver has already selected a particular function by means of one of the four toggle switches. While correct identification is provided by means of the non-adjacent display, the actual control is mislabeled at that time.

    As is apparent from reading a number of our prior interpretations of Standard No. 101, we have sought to interpret it in a broad manner in light of new technology. There is a limit, however, to how much we can do by interpretation as opposed to conducting rulemaking to facilitate the use of new technology. We recognize that the use of your system may be intuitive to persons who are familiar with computers and/or video games, since use of the multi-function switch/rotary dial is analogous to the use of a computer mouse or video game controller. However, given the current language of Standard No. 101, if a system such as your proposed design is to be permitted, where identification of controls is separated from the controls themselves, it must be done through rulemaking.

    We understand that the Alliance of Automobile Manufacturers (which includes Porsche) has recently submitted a petition for rulemaking on this subject and we plan to address this issue further in that context.

    If you have any further questions, please feel free to contact Dorothy Nakama of my staff at (202) 366-2992.

    Sincerely,

    John Womack
    Acting Chief Counsel

    ref:101
    d.1/10/02


    1 Mr. Kardos orally asked for confidential treatment of the three pages. Mr. Kardos agreed that Porsche would not consider a written description of the computer image or the other two pages as confidential.