Interpretation ID: 7505
Rochester Police Department
Research and Evaluation Section
Civic Center Plaza
Rochester, NY 14614
Dear Captain Dewey:
This responds to your letter of July 6, 1992, inquiring whether a device on your newly acquired police vehicles "which requires the operator to depress the brake pedal in order to remove the car from the park position with the shift lever" is required by Federal law or regulation, and whether you may deactivate the device.
You explained in your letter that the Rochester Police Department has recently acquired 46 new police vehicles, each equipped with a device that requires the brake pedal to be depressed before the transmission can be shifted out of the park position. You stated that you were told by a local Ford dealer that the device was required by a Federal safety standard. You indicated that you recognize the safety advantage of such a feature for the general public, but you see some negative safety implications for police vehicle operators. For example, you believe that an officer under fire could be delayed by this device in responding to the situation. You are also concerned that the presence of the device on some but not all of your vehicles may cause confusion among your officers who drive different cars every day.
Please be advised that the device in question is not required by Federal law or regulation. However, the vast majority of new passenger cars have this safety feature, which is intended to ensure that the driver's foot is on the brake pedal before the automatic transmission can be shifted from the "park" position. I have enclosed for your information a copy of a recent article concerning these devices which appeared in the Detroit News.
Since these devices are not required by any Federal motor vehicle safety standard, there is no Federal requirement that prohibits you or a dealer from deactivating the device. If you decide to deactivate the device, however, we suggest that you consult with the manufacturer concerning how the device can be deactivated without otherwise affecting the vehicle.
I trust this will clarify the matter for you. If you have any further questions on this issue, feel free to contact Walter Myers of my staff at this address or by telephone at (202) 366- 2992.
Sincerely,
Paul Jackson Rice Chief Counsel
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