Interpretation ID: 1984-2.24

TYPE: INTERPRETATION-NHTSA

DATE: 07/09/84

FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA

TO: Porsche

TITLE: FMVSS INTERPRETATION

TEXT:

Dr. Ing. h.c. F. Porsche AG Abt. ESV z. Hd. Hern Mayer Postfach 11 40 7251 Weissach WEST GERMANY

Dear Mr. Mayer:

This responds to your letter about Safety Standard No. 101, Controls and Displays, and Safety Standard No. 101, Transmission Shift Lever Sequence, Starter Interlock, and Transmission Braking Effect. Your letter asked two questions concerning whether a proposed design for a passenger car automatic transmission shift lever would meet the requirements of those standards. Your questions are answered below. This letter also discusses additional issues raised by your proposed design that were not directly raised by your letter. Finally, since the drawing accompanying your letter may be a future design plan, I have enclosed a copy of 49 CFR 512, which explains how you may apply for confidential treatment of design information.

By way of background information, I would note that the National Highway Traffic Safety Administration (NHTSA) does not grant approvals of motor vehicles or motor vehicle equipment. Under the National Traffic and Motor Vehicle Safety Act, it is the responsibility of the manufacturer to assure that its vehicles or equipment comply with applicable standards. The following represents our opinion based on the facts provided in your letter.

According to your letter and accompanying drawing, the design you are considering may be generally described as follows. The shift lever would be mounted on the floor console and would not be identified. A display for the transmission sequence would be provided on the instrument panel. All eligible positions would be permanently in view of the driver, and the selected position would be identified through more intense illumination.

Your first question is whether it is permissible under these standards for a manufacturer not to provide identification for the shift lever. The answer to that question is yes. Neither Standard No. 101 nor Standard No. 102 includes any requirement concerning identification of an automatic transmission shift lever. Moreover, no other Federal motor vehicle safety standard includes such a requirement.

The identification and other requirements of Standard No. 101 only apply to the controls and displays listed in the standard. Since automatic transmission shift levels are not among the controls listed in the standard, the standard's requirements are not applicable. Standard No. 102 requires that identification of shift lever positions of automatic transmissions... shall be permanently displayed in view of the driver." Section S3.2. NHTSA has interpreted this section to require the display of a gear lever sequence and a gear position indicator. The section does not, however, require the shift lever control itself to be identified. Your second question is whether Standard No. 101 or Standard No. 102 requires the shift lever to be within a certain reaching distance to be operable by the driver while driving the vehicle. The answer to that question is no.

As your letter pointed out, Standard No. 101 does require certain controls to be operable by the driver when the driver is restrained by the crash protection equipment installed in accordance with the requirements of Standard No. 208, Occupant Crash Protection. As explained in the answer to your first question, however, the requirements of Standard No. 101 are not applicable to automatic transmission shift levers. I would note that the term "manual transmission shift lever," listed in section S5.1 of the standard, does not incorporate automatic transmission shift levers. Similarly, Standard No. 102 does not include any requirements concerning the location of the shift lever.

I would like to point out two additional issues raised by your proposed design. The first concerns the requirement in Standard No. 102 that "(i)dentification of shift lever positions of automatic transmissions... shall be permanently displayed in view of the driver." Section S3.2. NHTSA interprets "position" to mean the position of the gears in relation to each other and the position that the driver has selected. Thus, as noted above, the agency has interpreted this section to require the display of a gear lever sequence and a gear position indicator.

Moreover, the agency has interpreted this section's use of the words "permanently displayed" to require a display which can be seen regardless of the operating mode of the engine. Thus, a display that would not be seen when the ignition is in the "off" position does not comply with these requirements. (A letter which discusses this interpretation is enclosed. The letter is addressed to Ford.)

Taking these interpretations together, Standard No. 102 requires the display of a gear lever sequence and a gear position indicator, both of which must be capable of being seen regardless of whether the ignition is on or off. It is not clear whether your proposed design meets these requirements. Your letter states that all eligible positions are permanently in view of the driver and the selected position is identified through more intense illumination. First, with regard to the gear lever sequence, it is not clear whether your letter's use of the word "permanently" covers periods of time when the ignition is not on.

Second, with regard to the gear position indicator, it is not clear whether the selected position is identified by more intense illumination during periods of time when the ignition is not on.

The second issue I would like to note concerns the light intensity requirements of Standard No. 101. Automatic gear position displays are covered by that standard and must meet its requirements for, among other things, light intensity. An automatic gear display is a gauge. See section S4. Section S5.3.3 requires that light intensities for gauges and their identification be continuously variable from (a) a position at which either there is no light emitted or the light is barely discernible to a driver who has adapted to dark ambient roadway conditions to (b) a position providing illumination sufficient for the driver to identify the control or display readily under conditions of reduced visibility. However, if the gauge is an informational readout display, section S5.3.3 only requires that it have at least two values, a higher one for day, and a lower one for nighttime conditions.

Finally, I would note that incoming letters and attachments are routinely made public along with letters of interpretation. Since the drawing accompanying your letter may be a future design plan, I have enclosed a copy of 49 CFR 512, Confidential Business Information, which sets forth the agency's procedures concerning confidentiality. Please contact me if you wish to apply for confidential treatment for that drawing.

Sincerely,

Frank Berndt Chief Counsel

Enclosures

Miss Diane K. Steed Deputy Administrator National Highway Traffic Safety Administration 400 Seventh St., S.W. Washington, D.C. 20590 USA ESVG/My/u (453)

October 6, 1983 Subject: FMVSS 101 and 102; Interpretation

Dear Miss Steed,

In connection with FMVSS's Nos. 101 and 102 we kindly ask you for interpretation resp. clarification in view of the location and identification of the display of the automatic gear position and the shift lever itself.

Your early favourable consideration of our request would be greatly appreciated.

Yours truly,

Dr.Ing.h.c. F. Porsche Aktiengesellschaft - Technical Administration-Mayer Enclosure

Request of Interpretation of Location and Identification

Requirements for the Automatic Gear Position Display and the Shift Lever of Automatic Transmissions

In S 5.1 of FMVSS 101 it is claimed that the displays shall be visible to the driver.

In S 5.2 of FMVSS 101 it is claimed that the identification shall be placed on or adjacent to the display that it identifies.

Column 3 of Table 2 of FMVSS 101 refers to FMVSS 102 with regard to the question of the identifying words or abbreviation and no symbol is included in column 4 of the said table (automatic gear position).

In FMVSS 102 under S 3.2 the identification of shift lever positions of automatic transmissions is requested in connection with the instruction: "....shall be permanently displayed in view of the driver".

Our Questions are the following:

1) Is an advice of transmission shift lever sequence of an automatic transmission in a passenger car sufficient; as shown in annex 1 (*)? In this case all eligible positions are permanently in view of the driver and the selected position is identified through more intense illumination.

Is it admissible in this case that the shift lever which is mounted on the floor console has no identification?

(*) For presentation we had to use the instrument desired for the German market. Please neglect this fact as the third dial-plate to the left shows the US-speedometer version and includes the requested transmission sequence.

2) The shift lever for the automatic transmission is of course located within reach of the driver who is protected under FMVSS 208. What we would like to know is if Standard 101 or Standard 102 require that the shift lever has to be within a specific reaching distance to be operable by the driver while driving the vehicle, since FMVSS S.5.1 under article (j) refers only to manual transmission shift lever.

We would be very grateful to hear from you as soon as possible since we have stopped designing on this subject until we receive an answer from you.

Sincerely yours, Dr.Ing.h.c.F.Porsche AG -Technical Administration- Mayer

Dr.Ing.h.c.F.Porsche AG Abt. ESV z. Hd. Herrn Mayer Postfach 11 40 7251 Weissach WEST-GERMAMY