Interpretation ID: nht90-4.42

TYPE: Interpretation-NHTSA

DATE: October 12, 1990

FROM: Paul Jackson Rice -- Chief Counsel, NHTSA (Signature by Kenneth N. Weinstein)

TO: Don James -- Contracts, Stone Bennett Corporation

TITLE: None

ATTACHMT: Attached to copy of 54 FR 29042, July 11, 1989 and 55 FR 1226, January 12, 1990 regarding 49 CFR Part 571 (text omitted); Also attached to letter dated 2-27-90 from D. James to NHTSA (OCC 4486); Also attached to diagram of the toggle installati on & envelope (graphics omitted); Also attached to diagram of control panel with auto neutral (graphics omitted); Also attached to diagram of control panels (text and graphics omitted).

TEXT:

This responds to your letter concerning Federal Motor vehicle Safety Standard No. 102, Transmission Shift Lever Sequence, Starter Interlock, and Transmission Braking Effect. You asked about the standard's display identification requirements for automati c transmission vehicles without a gear shift lever park position. Your questions are addressed below.

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 th e manufacturer to ensure that its vehicles and equipment meet all applicable requirements. The following represents our opinion based on the facts provided in your letter.

Standard No. 102 sets forth the following display identification requirements for automatic transmission vehicles without a gear shift park position:

S3.1.4 Identification of shift lever positions. . . .

S3.1.4.2 Except as specified in S3.1 4.3, if the transmission shift lever sequence does not include a park position, identification of shift lever positions, including the positions in relation to each other and the position selected, shall be displayed in view of the driver at all times when a driver is present in the driver's seating position.

S3.1.4.3 Such information need not be displayed when the ignition is in a position that is used only to start the vehicle.

You asked about several similar designs for shift control consoles. In addition to including a mechanism for shifting the transmission (push buttons or toggle levers), the consoles incorporate a display which lists the particular gear position which has been selected, e.g., "R" for reverse. No other gear positions are shown. In at least some of the designs, the display is an electronic one. You asked about the "acceptability" of providing a label indicating the gear position sequence on the body of the shift control consoler e.g., "1 2 D N R." Drawings provided with your letter indicate that the label would be provided directly adjacent to the gear position display. As indicated above,

section S3.1.4.2 requires identification of shift lever positions, including the positions in relation to each other and the position selected, to be displayed in view of the driver. While your designs do identify the gear position selected, they do not , in the absence of an added label, identify the shift lever positions in relation to each other. The additional label would, however, provide such information.

Section S3.1.4.2 also requires that the specified information be displayed in view of the driver at all times when a driver is present in the driver's seating position (except when the ignition is in a position that is used only to start the vehicle). T he times when display is required includes situations in which the ignition is "off." Since your designs use electronic technology to identify the gear position selected, a vehicle equipped with your design might not meet this requirement, at least in t he absence of a device which activates the display whenever a driver is present. It is our understanding that "permanent" display is not possible with electronic technology, due to battery drain. However, if the gear position display is turned off with the ignition (the most obvious means of avoiding battery drain), this requirement would not be met. This is because the display would not function when a driver is in the driver's seating position (before leaving the vehicle upon entering the vehicle a t a later time) while the ignition is "off".

As you are aware, NHTSA has proposed new requirements for the purpose of facilitating the use of electronic technology. See 55 FR 1226, January 12, 1990. If amendments are adopted based on that proposal, the analysis presented above could change.

Attached is a copy of 54 FR 29042, 7-11-89 and 55 FR 1226, 1-12-90 regarding 49 CFR Part 571 and FMVSS 201 (text omitted).