Interpretation ID: TOYOTA2002.drn

Chris Tinto, Director
Toyota Motor North America, Inc.
Washington Office
1850 M Street, NW
Suite 600
Washington, DC 20036

Dear Mr. Tinto:

This responds to your request for an interpretation of Federal Motor Vehicle Safety Standard No. 101, Controls and Displays, with respect to a push button "Power" control that would activate a hybrid electric/gasoline vehicle. As explained below, we agree that the standard's requirements for labeling "Engine Start" and "Engine Stop" controls would not apply to your hybrid vehicles "Power" button, and that identification of the button would be at the option of the manufacturer.

In your letter, you describe a planned Toyota Hybrid System (THS) vehicle that would provide motive power by using both an electric motor and a gasoline engine. This vehicle would be turned on by the driver inserting the key and depressing a "Power" button. "Turning on" this vehicle would mean that the vehicle was activated to be propelled by the electric motor, not that the engine was actuated. After such activation of the vehicle, the engine would automatically start when the ECU determines that the vehicle needs extra power. Similarly, the engine would automatically stop when the ECU determines that the vehicle does not need the engine to provide additional power.

You noted in your letter that Toyota is aware that Standard No. 101 specifies that if a vehicle has an "engine start" and/or "engine stop" control that is separate from the key locking system, the control(s) must be labeled "Engine Start" and "Engine Stop." You stated that Toyota believes these requirements would not apply to this vehicle's "Power" button, because the engine is neither started nor stopped by this button. You also stated that Toyota plans to use the word "Power" along with the ISO power symbol (specified in ISO 2575:2000(E)) to label the button.

We agree that since the button at issue on Toyota's THS vehicle would neither start nor stop the engine, it is not covered by Standard No. 101's requirements for engine start and engine stop controls. Since the standard does not otherwise specify requirements for this control, its identification is at the option of the vehicle manufacturer. Toyota is therefore free to identify it by means of the word "power" and the ISO power symbol.

I note that it is possible that the agency could in the future specify labeling requirements for this type of control. As noted in our most recent semi-annual agenda of regulatory actions, published in the December 9, 2002 Federal Register, we are considering various amendments to Standard No. 101. If we did propose to specify identification requirements for the type of control at issue in your letter, Toyota would, of course, have the opportunity to submit comments.

If you have any further questions, please feel free to contact Dorothy Nakama of my staff at (202) 366-2992.

Sincerely,

Jacqueline Glassman
Chief Counsel

ref:101
d.1/30/03