Interpretation ID: nht88-4.51

TYPE: INTERPRETATION-NHTSA

DATE: 12/30/88 EST

FROM: ERIKA Z. JONES -- NHTSA CHIEF COUNSEL

TO: C. S. ALLEN -- COMMANDER-DEPARTMENT OF CALIFORNIA HIGHWAY PATROL

TITLE: NONE

ATTACHMT: JULY 20, 1988 LETTER FROM ALLEN TO WOOD

TEXT: This responds to your letter requesting an interpretation of Standard No. 102, Transmission Shift Lever Sequence, Starter Interlock, and Transmission Braking Effect. That standard requires vehicles equipped with automatic transmissions have a starter in terlock. 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 571.102 S3.1.3, are a lso 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 reg ular 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. 102 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 "t he bypass switch renders buses equipped with automatic transmissions in violation of FMVSS 102" and that the manufacturer "appears to be interpreting FMVSS 102 as meaning that the starter shall not be capable of being started from the driver's position w ith the transmission in gear unless the driver intends to do that." Emphasis in original.

Section S3.1.3, which applies only to vehicles equipped with automatic transmissions, reads as follows:

S3.1.3 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 ma nufacturer does not change the fact that the engine starter would not be "inoperative," and Standard No. 102 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.