Interpretation ID: 86-5.7

TYPE: INTERPRETATION-NHTSA

DATE: 08/30/86 EST

FROM: ERIKA Z. JONES -- CHIEF COUNSEL NHTSA

TO: DAVID M. CIMA

TITLE: NONE

ATTACHMT: LETTER DATED 08/01/86 TO LEGAL COUNSEL -- NHTSA, FROM DAVID M. CIMA RE VISIBLE DISPLAY TO AUTOMOBILE DRIVER OF STATUS OF TRANSMISSION, OCC-1122

TEXT: Dear Mr. Cima:

This responds to your letter asking about the identification and visibility requirements applicable to a gear position indicator for an automatic transmission. You asked whether the indicator must be visible to the driver (1) when he or she enters the car or (2) whenever anyone is behind the wheel. As discussed below, the indicator must be visible whenever anyone is in the driver's seating position.

By way of background information, the National Highway Traffic Safety Administration (NHTSA) does not provide approvals of motor vehicles or motor vehicle equipment. Under the National Traffic and Motor Vehicle Safety Act, it is the responsibility of the manufacturer to ensure that its vehicles or equipment comply with applicable standards. The following represents our opinion based on the facts provided in your letter.

Section S3.2 of Federal Motor Vehicle Safety Standard No. 102, Transmission Shift Lever Sequence, Starter Interlock, and Transmission Braking Effect, requires that the "(i)dentification of shift lever positions of automatic transmissions and of the shift lever pattern of manual transmissions . . . shall be permanently displayed in view of the driver." (Emphasis added) NHTSA has previously interpreted this provision as requiring a display that can be seen regardless of the operating mode of the engine. Thus, it is not permissible for the display to be visible (e.g., in the case of an electronic display, become activated) only after the driver turns on the ignition.

Your letter raises the issue of whether it is permissible for an electronic display to become activated at the time the driver enters the car and, if so, whether it must remain activated indefinitely as long as the driver remains in the car, even if the ignition is not turned on. It is our opinion that it is permissible for an electronic display to become activated at the time the driver enters the car and need not be activated when there is no person in the driver's seating position. Section S3.2's requirement that the identification of shift lever positions of automatic transmissions be "permanently displayed" is modified by the phrase "in

view of the driver." It is our opinion that no such display is required at times when no driver is in the car, i.e., no person in the driver's seating position. We also conclude, however, that such a display must remain activated indefinitely as long as the driver remains in the driver's seating position even if the ignition is not turned on. If the display only remained activated for a specific period of time, such as five minutes, it would not be "permanently" displayed.

I hope this information is helpful.

Sincerely,