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Interpretation ID: GF003447

    [ ]


    Dear [ ]:

    This responds to your letter and subsequent phone conversation with George Feygin of my staff asking whether your companys "Keyless System" would satisfy certain requirements of Federal Motor Vehicle Safety Standard No. 114, Theft Protection (FMVSS No. 114). Specifically, you ask whether this "Keyless System" complies with the requirements of S4.2.1(a), S.4.3, and S.4.5. Further, you ask whether an engine "Stop" button is permissible under FMVSS No. 114. The issues raised in your letter are addressed below.

    Before I address your questions, I note that you requested confidential treatment for the identity of your company and for yourself. I agree to keep your name and the name of your company confidential. All information in bold brackets [      ] will be kept confidential from the public. You have provided a redacted set of documents (without any information identifying you or your company), in which you described your "Keyless System" and posed questions regarding the system and FMVSS No. 114. This redacted set of documents will be made publicly available.

    Your letter discusses an electronically coded "transceiver" which functions as a key. The "transceiver" is not engaged in any device, and simply remains in the drivers possession. When the "transceiver" is inside the passenger compartment of the vehicle, the vehicle can be started and operated by virtue of an authentication process under which an electronic code from the "transceiver" is transmitted and stored in the electronic control module. You ask us whether this "Keyless System" satisfies certain requirements of FMVSS No. 114.

    In previous interpretation letters, we stated that FMVSS No. 114 would permit a keyless entry system activated by an electronically coded card (similar to your companys "Keyless System"). We have followed those interpretation letters in addressing the four questions raised in your letter.

    Requirements of S4.2.1(a).

    According to your letter and subsequent phone conversation with George Feygin, removal of the "key" ("transceiver" code stored in the electronic control module) can be accomplished only when the transmission gear lever becomes locked in the "park" position. You ask whether the "Keyless System" described in your letter satisfies the requirements of S4.2.1(a). Our answer is yes.

    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.

    Your company's "Keyless System" would be permitted by S4.2.1(a) because the "transceiver" code cannot be removed unless the transmission gear lever becomes locked in "park" position as the direct result of removing the "transceiver" code. According to your statements, the transmission lever becomes locked in park as a direct result of "transceiver" code removal, which occurs only after (a) the transmission lever is engaged in park and (b) engines "Stop" button is depressed. Until the gear lever is locked in "park," the "transceiver" code remains stored in the electronic control module the same way a conventional key would remain in the ignition switch. Therefore, your system satisfies the requirements of S4.2.1(a) because the key cannot be removed unless the transmission lever becomes locked in "park" position as the direct result of removing the key.

    Requirements of S4.3.

    In your letter, you state that when the "transceiver" code remains in the electronic control module, the steering column lock and the immobilizer system cannot be activated. You ask whether the "Keyless System" described in your letter satisfies the requirements of S.4.3. Our answer is yes.

    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. The purpose of this provision is to assure that the drivers action of turning the engine off does not create an unsafe condition by locking the steering (otherwise known as "steering lock-up") or the wheels while the vehicle is in motion.

    In the present case, the means for deactivating the vehicles engine is a "Stop" button. As previously discussed, when the engine is switched off but the gear lever is not in park, the "transceiver" code remains in the electronic control module. Because the "transceiver" code remains in the electronic control module, the steering column lock and the immobilizer system cannot be activated. Accordingly, your companys "Keyless System" would be permitted by S4.3.

    Driver Warning Requirements of S4.5.

    You ask whether your systems acoustical warning and dashboard alert to the driver satisfy the requirements of S.4.5. Our answer is yes.

    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.

    As previously stated, in the event the engine is turned off and the transmission lever is not in the "park" position, the "transceiver" code remains in the electronic control module. This is analogous to the situation in which a conventional key is left in the "off" position of the ignition switch, and S4.5 requires activation of the warning if the drivers door is opened. In the present case, if the drivers door is open, your "Keyless System" provides for an acoustical warning, as well as a yet unspecified message on the dashboard, alerting the vehicle operator to place the transmission lever in the "park position." Accordingly, your companys "Keyless System" would be permitted by S4.5.

    In previous letters, we have observed that if a device similar to a transceiver remained in the car, e.g., in the pocket of a jacket laying on the seat, any person would only need to depress the brake pedal and depress the "Start" button to start the engine. In the absence of some kind of additional warning, there appears to be a greater likelihood of drivers inadvertently leaving transceiver-type devices in the car, as compared to a traditional key. This is because the driver must physically touch a traditional key, unlike the transceiver-type device, as part of turning off the engine. You may wish to consider whether there are any practicable means of reducing the possibility of drivers inadvertently leaving their transceiver devices in the car.

    Engine "Stop" button.

    You state that your "Keyless System" permits the engine to be turned off via a "Stop" button while the vehicle is in motion. This feature allows the driver to interrupt motive power and fuel supply in emergency situations. This feature can be used only if the service brakes are activated and vehicle speed is less than 6 mph. You ask whether an engine "Stop" button is permissible under FMVSS No. 114. Our answer is yes.

    Please note that Standard No. 114 does not regulate the method of engine deactivation while the vehicle is in motion. However, we encourage you to carefully consider all available safety precautions to ensure that the driver or other vehicle occupants including children do not inadvertently misuse this emergency deactivation feature.

    I hope this information is helpful. If you need further assistance, please contact George Feygin of my staff at this address or at (202) 366-2992.

    Sincerely,

    Jacqueline Glassman
    Chief Counsel

    ref:114
    d.7/17/03