Interpretation ID: 2704y
Manager, Product Legislation and Compliance
Jaguar Cars Inc.
555 MacArthur Blvd.
Mahwah, New Jersey 07430-2327
Dear Ms. Black:
This concerns your July 23, 1990 petition requesting "reconsideration of an interpretation" of Standard No. 114, Theft Protection (49 CFR 571.114), as amended by a May 30, 1990 final rule (55 FR 21868). You requested that the agency consider interpreting the amendment to permit a mechanical override device that would allow shifting the transmission lever through the use of a separate tool, other than the key.
We note that while your petition requests an "interpretation," it appears to be seeking an amendment to the standard. Moreover, it appears that you consider your submission to be a petition for reconsideration. However, your petition was submitted to the agency after the June 30, 1990 deadline for submitting petitions for reconsideration. Under 49 CFR 553.35, NHTSA considers a late-filed petition for reconsideration as a petition filed under Part 552, i.e., as a petition for rulemaking. In the case of your petition, the agency received timely petitions for reconsideration which addressed the same issues. NHTSA therefore plans to address the issues raised by your petition at the same as we respond to those petitions.
In addition, in this letter, we will address your questions in the context of Standard No. ll4's current requirements, as amended in the May 30, l990 final rule. As discussed below, your proposed system would not appear to comply with the requirements of section S4.2, as amended.
By way of background, the National Traffic and Motor Vehicle Safety Act, ("Vehicle Safety Act," 15 USC 1381 et seq.) requires every new motor vehicle sold in the United States to be certified as complying with all applicable Federal motor vehicle safety standards. The Vehicle Safety Act specifies that the manufacturer must certify that each of its vehicles complies with all applicable safety standards in effect on the date of manufacture. Because of this statutory requirement, this agency does not approve any manufacturer's vehicles or offer assurances that the vehicles comply with the safety standards. Any person violating the Vehicle Safety Act by manufacturing or selling new noncomplying vehicles may be liable for potential penalties of $1,000 per violation up to $800,000.
Under the revised requirements, section S4.2 provides that:
"Each vehicle shall have a key-locking system that, whenever the key is removed, prevents: (a) the normal activation of the vehicle's engine or motor; and (b) either steering or forward self-mobility of the vehicle or both. For a vehicle equipped with an automatic transmission with a "park" position, the key-locking system shall 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."
You explained that you plan to equip your vehicles with an electrical interlock that allows the transmission shift lever to be moved by producing an electrical signal to disengage the interlock. In case of battery or electrical failure, the electrical interlock does not work and thus the transmission shift lever cannot be moved. Therefore, you plan to install a spring-activated mechanical emergency release that is activated by using a tool in one hand and simultaneously moving the transmission shift with the other hand. You believe that your system would adequately prevent against theft through the steering lock and "rollaway" accidents though the device just described, and there is no need to require the vehicle's key to activate the override.
We do not believe your suggested device would comply with Standard No. ll4, as amended. Under S4.2(b), the key-locking system must 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. Assuming that the mechanical emergency release operates independent of the ignition key, it does not appear that the transmission or transmission shift lever would ever be "locked" in park, since it could be released without regard to the key used to operate the vehicle's key-locking system. It is irrelevant that your emergency release could only be operable by using a tool and both hands, because this requirement would not affect one's ability to release the transmission shift lever without regard to the key used to operate the vehicle's key-locking system.
I hope this information is helpful. Please contact Mr. Marvin Shaw of my staff at (202) 366-2992 if you have any further questions.
Sincerely,
Paul Jackson Rice Chief Counsel Enclosure ref:ll4 d:l0/l2/90