Interpretation ID: nht90-3.27

TYPE: Interpretation-NHTSA

DATE: July 23, 1990

FROM: C.D. Black -- Manager, Product Legislation and Compliance, Jaguar Cars Inc.

TO: Administrator -- NHTSA

TITLE: Re Request for Reconsideration of an Interpretation FMVSS 114 Docket 1-21 Notice 9

ATTACHMT: Attached to letter dated 10-12-90 from P.J. Rice (Signature by K.M. Weinstein) to C.D. Black (A36; Std. 114); Also attached to a copy of 49 CFR Part 571.114 and 55 FR 21868 (May 30, 1990) (text omitted)

TEXT:

Jaguar Cars Ltd of Coventry, England (herein after referred to as Jaguar) request that NHTSA review their interpretation on pages 21872/73 of the Federal Register of the conditions under which a mechanical emergency release may be installed on a transmis sion shift lever interlock.

Jaguar regards the objective of the amendment as fair and reasonable, however, because Jaguar manufacture vehicles for sale worldwide with either manual or automatic transmission, we will continue to install an anti-theft lock operating on the steering c olumn. Jaguar therefore plan to comply with the amended standard by means of a spring-loaded electrical interlock operating on the console-mounted automatic transmission shift lever together with a revision to the steering column lock to prevent removal of the key unless the shift lever is in 'park'. When the ignition is next switched 'on', operation of the brake pedal produces an electrical signal to disengage the interlock and hence allow the shift lever to be moved.

However, as Honda, Mazda, Nissan, Subaru and Toyota have previously stated in the docket, the use of an electrically operated interlock acting on the shift lever could, in the event of a battery or electrical failure, cause problems unless a mechanical e mergency release is provided. If the vehicle is tightly parked, the shift lever placed in 'park' to remove the key, and the battery subsequently discharged, it might then be necessary to "drag" the vehicle on locked wheels to gain access before a charge d battery or jumper leads could be connected to remove it from its disabled position.

Jaguar had anticipated that a manual emergency release which, when required, must be activated against spring pressure with one hand using a tool, while allowing the shift lever to be moved out of 'park' only by a simultaneous movement of the other hand, would maintain the declared intent of the amendment to prevent "rollaway" accidents. The theft protection of any (Jaguar) vehicle so equipped would not be degraded because the steering column lock and ignition/starter system remain immobilized. With t his or a similar combination of equipment there is no merit in requiring the shift lever interlock emergency release to be operable only by the key used to control the vehicle (emphasis added).

Jaguar request your consideration that the total objectives could be met by an interpretation along the following guidelines:

"In the case of an electrically operated interlock on the transmission shift lever, where the primary theft protection is provided by a steering column lock, the emergency release may be operated by a single action requiring the use of the key used to co ntrol the vehicle. Alternatively, a mechanical emergency release is allowable provided that it requires the use of a separate implement or tool and the simultaneous use of two hands to release the shift lever."

In view of the demanding timescale given by the Agency's interpretation on "mechanical override system's" in the final rule, Jaguar respectfully request the earliest consideration of our petition.