Interpretation ID: 3326o
Commander
Department of California Highway Patrol
P.O. Box 942898
Sacramento, CA 94298-000l
Dear Mr. Allen:
This responds to your letter requesting an interpretation of Standard No.l02, Transmission Shift Lever Sequence, Starter Interlock, and Transmission Braking Effect. That standard requires vehicles equipped with automatic transmissions have a starter interlock. You stated that you believe that a vehicle would not meet the standard if it was also equipped with a starter interlock bypass switch. As discussed below, we agree with your position.
According to your letter, the California Highway Patrol has become aware that a school bus manufacturer "has been building vehicles equipped with automatic transmissions which, although equipped with the interlock required by 49 CFR 57l.l02 S3.l.3, are also equipped, at the driver's position, with a momentary contact push-button switch, the purpose of which is to bypass the transmission neutral safety switch." If the driver uses one hand to operate the bypass switch and the other hand to operate the regular starter key-type switch, the bus can be started with the transmission shift lever in a forward or reverse drive position.
You noted that the manufacturer stated its belief that the bypass switch complies with Standard No. l02 since the switch is regarded as "an emergency feature, not intended to be used for routine engine starts." You stated that it is your position that "the bypass switch renders buses equipped with automatic transmissions in violation of FMVSS l02" and that the manufacturer "appears to be interpreting FMVSS l02 as meaning that the starter shall not be capable of being started from the driver's position with the transmission in gear unless the driver intends to do that." Emphasis in original.
Section S3.l.3, which applies only to vehicles equipped with automatic transmissions, reads as follows:
S3.l.3 Starter interlock. The engine starter shall be inoperative when the transmission shift lever is in a forward or reverse drive position.
It is our opinion that a vehicle would not meet this requirement if it can be started, when the transmission shift lever is in a forward or reverse drive position, by means of the regular starter key-type switch and a starter interlock bypass switch . In this instance, the engine starter would not be "inoperative." This opinion is not changed by the fact that the manufacturer may intend the bypass switch as an emergency feature, not intended to be used for routine engine starts. The intention of the manufacturer does not change the fact that the engine starter would not be "inoperative," and Standard No. l02 does not provide for any exceptions to this requirement (for covered vehicles).
We are referring your letter to our Office of Enforcement for appropriate action.
Sincerely,
Erika Z. Jones Chief Counsel / ref:l02 d:l2/30/88