Interpretation ID: 23774.drn

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Dear [ ] :

This responds to your request for an interpretation of whether Standard No. 114, Theft protection, would permit an automatic transmission vehicle with your companys electronically coded card-type device that provides remote entry. With certain caveats that are explained below, our answer is yes.

Before addressing the substantive issues that you raised, I note that your request for confidential treatment of certain information in your letter was granted in a letter dated January 11, 2002, signed by Heidi Coleman of my staff, the Assistant Chief Counsel for General Law. We will make available to the public only the version of your letter which has been purged of all references to your companys identity, and which does not include the Attachments.

By way of background, the National Highway Traffic Safety Administration (NHTSA) does not provide approvals of motor vehicles or motor vehicle equipment. Under 49 U.S.C. Chapter 301, manufacturers are required to ensure that their vehicles and equipment meet applicable requirements. The following represents our opinion based on the facts you provided in your letter, and addresses some or all of the specific issues you raised as necessary to render this interpretation. If we have not addressed an issue, you should not assume that we have concurred with a position you have expressed on that issue. Likewise, this interpretation may not discuss every requirement of the Federal motor vehicle safety standards that might apply to your product. It is your responsibility as a manufacturer to determine the requirements that apply and certify the compliance of your product with those requirements. NHTSA determines the compliance of products with the safety standards in the context of an agency enforcement proceeding.

YOUR SYSTEM

In your letter, you state that the key-locking system enables automatic unlocking of vehicle doors when actuated, and the engine can be operated if the driver is carrying an electronically coded card-type device. When the card is inside a vehicle, the engine is ready for operation.

While the card is inside the vehicle, pushing an IGN-knob will activate the code matching process between the card and the vehicle. When the correct match occurs, the IGN-knob can be turned and the driver may turn the IGN-knob to positions other than the lock position to unlock the steering wheel, activate the vehicles accessories, and start the engine. You state that the IGN-knob has the five familiar positions of a conventional mechanical key layout (i.e., lock-off-ACC-on-start).

The engine starts when the IGNknob is turned clockwise to the start position. To stop the engine, the IGN-knob is turned counterclockwise to the ACC position. When it is returned to the lock position, the steering wheel is locked, the IGN-knob automatically retracts, and the electronic identification code is removed. You also state that the engine will not start if the card is outside of the vehicle, even if the code is in the system (i.e., IGN-knob is in the off or ACC position). You state that this feature is controlled by a system other than the electronic identification code.

Your letter also notes that an alarm and indicator light are provided to warn occupants not to take the card from the vehicle when the engine is still running. You note: If the card is taken from the vehicle, the engine cannot be restarted after the engine has stopped, unless the card is taken inside the vehicle again.

DISCUSSION

In an interpretation letter of January 30, 1997, to an unnamed company, we stated that Standard No.114 would permit a keyless entry system activated by an electronically coded card (similar to your companys system). We have followed that interpretation letter in addressing your keyless entry system, but have modified it with respect to the discussion of S4.5 of the standard.

Effect of Key Removal. At S4.2, Standard No. 114 states in part that each vehicle shall have a key-locking system which, whenever the key is removed, prevents (a) the normal activation of the vehicles engine or motor; and (b) either steering or forward self-mobility of the vehicle or both. A vehicle with your companys system would be permitted by S4.2 because the absence of the key (the code) prevents normal activation of the engine and steering of the vehicle.

Locked in Park. S4.2.1(a) of Standard No. 114 states that (with certain exceptions not relevant here) the key-locking system required by S4.2 in each vehicle which has an automatic transmission with a park position shall, when tested under the procedures in S5.2, prevent removal of the key unless the transmission or transmission shift lever is locked in park or becomes locked in park as the direct result of removing the key. We have determined that a vehicle with your companys system would be permitted by S4.2.1(a) because removal of the key (identification code in the system) is accomplished only when the transmission is locked in park and the IGN-knob is turned back to the lock position, when the IGN-knob automatically retracts.

Consequences of Deactivating Engine or Motor. S4.3 states that, except when an automatic transmission vehicle is in park, the means for deactivating the vehicles engine or motor shall not activate any device installed pursuant to S4.2(b) to prevent the vehicles steering or forward self-mobility or both. Because no information was provided on this aspect of your system, we are unable to provide an opinion as to whether a vehicle with your system would meet S4.3.

Combinations. S4.4 of Standard No. 114 states that for each vehicle type manufactured by a manufacturer, the number of different combinations of the key-locking systems required by S4.2 shall be at least 1,000, or a number equal to the number of vehicles of that type manufactured by the manufacturer, whichever is less. Your letter states that the keyless entry system has more than 1,000 electronic ID code combinations. As such, a vehicle with your system appears to satisfy S4.4.

Driver Warning. S4.5 of Standard No. 114 states that a warning to the driver shall be activated whenever the key required by S4.2 has been left in the locking system and the drivers door is opened, except: (a) after the key has been manually withdrawn to a position from which it may not be turned; (b) when the key-locking system is in the on or start position; or (c) after the key has been inserted in the locking system and before it has been turned.

Your letter explains that a few seconds after the driver leaves the IGN-knob in the off position, the KNOB indicator light will flash on the instrument panel and an audible alarm is activated to remind the driver to return the IGN-knob to the lock position. When the drivers side door is opened, the alarm specified in S4.5 is activated. If the door is closed without turning the IGN-knob to the lock position, another audible alarm is activated outside of the vehicle. You state your belief that these three audible alarms and the indicator will reduce the chance that the driver will leave the vehicle with the key in the ignition (i.e., that the code remains in the system).

Your system would be permitted by S4.5 because when the ING-knob is left in the off or acc positions and the door is opened, an alarm sounds. This situation is directly analogous to when a conventional key is left in the ignition in the off or acc positions and the door is opened. The addition of your two other alarms is beyond the requirement of S4.5; nonetheless, we appreciate your decision to have the warnings.

To the extent this interpretation of S4.5 is inconsistent with the January 30, 1997 interpretation letter, the earlier letter is superseded. The January 1997 letter discussed a keyless entry system that used the PASS-card, an electronically coded credit-card like device. On the issue of whether a vehicle with the PASS-card met S4.5 of Standard No. 114, we stated the following:

As long as the PASS-card is in the vehicle, the electrical systems are on and the key code will remain in the system, ready for the START button to be pressed. This situation is analogous to a keyed system being in the on position, ready to be turned to the start position. Therefore, as long as the PASS-card is in the vehicle, the exception in S4.5(b) applies and the warning need not sound when the door is opened.

Upon further consideration, we believe that the situation where the electronic code is left in a vehicle ignition system ready for the START button to be pressed is in fact analogous to the situation where a driver with a traditional metal key simply leaves the key in the vehicle ignition before opening the door. From now on, it is NHTSAs position that for keyless entry systems using an electronic code, the warning must sound when the electronic code remains in the system, the ignition knob is in the off or acc positions and the drivers door is opened. This position will apply to vehicles with keyless entry systems manufactured after the date of this letter.

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

Sincerely,
Jacqueline Glassman
Chief Counsel

Ref:114

d.7/17/02