Interpretation ID: nht90-3.99

DATE: July 25, 1990

FROM: Satoshi Nishibori -- Vice President, Industry-Government Affairs, Nissan Research and Development, Inc.

TO: Paul Jackson Rice -- Chief Counsel, NHTSA

TITLE: None

ATTACHMT: Attached to letter dated 9-26-90 from P.J. Rice to S. Nishibori (A36; Std. 114); Also attached to Federal Register, Vol. 55, No. 104, 5-30-90 Edition), pages 21868-21876 (text omitted)

TEXT:

On June 29, 1990, Nissan Motor Co., Ltd. ("Nissan"), submitted to NHTSA petition for reconsideration regarding the May 30 amendments to FMVSS 114. In that petition, Nissan requested that NHTSA amend FMVSS 114 insofar as necessary to permit the continued use of three systems on vehicles that are equipped with automatic transmissions. These systems, as described in the petition, are a transmission shift lock override, an emergency key release, and a transmission park lock system.

Nissan filed its petition within 30 days of the issuance of the final rule, as required under 49 CFR 553.35, in order to preserve its right to request reconsideration of the rule. However, based on our review of the final rule and after demonstrating the Nissan systems to agency staff on July 13, it appears that the determination of whether these systems comply with the amended rule is not entirely clear. Therefore, we request your opinion as to whether the these systems are consistent with the requirements established in the May 30 notice.

Shift Lock Emergency Override

The shift lock emergency override system is operable by depressing a button on the lower, rear portion (as viewed by the driver) of the shift lever. By depressing the button, the transmission may be shifted out of "park," independent of the ignition key position or whether the key is in the ignition switch. Nissan considers this system to be necessary to necessary to permit the towing of a vehicle having an inoperative electrical system (e.g., with a battery that failed overnight). Without the device, the electrically powered transmission could not be shifted out of "PARK," thereby complicating the process of towing of the vehicle to a repair facility.

The compliance concern with respect to this system involves the new requirement that the "key-locking system shall prevent removal of the key unless the transmission or transmission shift lever is locked in 'park' or becomes locked in 'park' as the direct result of removing the key." See section 4.2(b).

The Nissan system prevents removal of the key whenever the transmission is in a position other than "park," consistent with this provision; the key may be removed only when the transmission has been shifted into "park" (except when using the emergency key release, described below). When the transmission is shifted into "park" and the key is removed, the transmission remains locked in "park" until it is unlocked, either by

turning the ignition key to the "on" position and depressing the brake pedal or by operating the emergency shift release override. Thus, the Nissan system appears to be consistent with the language of section 4.2(b).

Please inform us whether this system complies with the recent amendments to FMVSS 114.

In our petition for reconsideration (section 1(b)), we described an alternative shift lock system, in which the manual override would be operable only after removing a cover over the override lever. We believe that this system would also comply with the amended rule, for the reasons set forth above, with respect to our current system. It should be noted that the alternative system would prevent shifting the transmission out of the "park" position when the ignition key has been removed, so long as the vehicle is in its normal (fully assembled) operating mode. Only after the cover over the override lever has been removed and the lever has been activated can the shift lever be moved in this situation. Please inform us as to whether this alternative system would comply with the amended rule.

Emergency Key Release

The second Nissan system facilitates removal of the ignition key in the event of an electrical system failure. In that event, the ignition key lock system would prevent removal of the key. Moving the transmission shift lever to the "park" position, if the failure occurs when the transmission is in a position other than "park," would not de-activate the electrically operated key-lock, due to the absence of electrical power. Nissan's emergency key release system permits overriding the ignition key lock in this situation, so that the ignition key can be removed from the vehicle and the driver can lock the vehicle and leave to seek assistance.

In the normal vehicle operating mode, the Nissan system clearly complies with section 4.2(b), since it prevents ignition key removal unless the transmission lever is in the "park" position. The emergency key release system permits key removal only after some disassembly and manipulation of the key lock have been performed. The emergency key release override is activated by first removing a cover over the ignition switch, by using a screw driver or similar tool. Next, a hidden lever that is located inside the exposed ignition switch compartment in the steering column must be manipulated, again using an object such as a screw driver.

We believe that the emergency key release system presents no safety or theft protection concerns. For example, it would be extremely difficult to activate the emergency override while the vehicle is in motion. Similarly, we believe that it is extremely unlikely that the override would encourage drivers to leave their ignition keys in their vehicles and thereby risk vehicle theft. The relative difficulty of the override process makes either of these circumstances quite unlikely.

It should be noted that virtually any key locking system can be overriden through some form of lock disassembly and associated procedures. Thus, the Nissan system differs from others in this regard at most as a matter

of degree.

We request your opinion as to whether the Nissan emergency key release system complies with FMVSS 114.

Park Lock System

Nissan's park lock system prevents drivers from inadvertently depressing the accelerator pedal rather than the brake pedal when shifting a vehicle out of "park." The transmission shift lever can be moved from the "park" position only if two conditions are met:

1) the ignition key is in the "on" position; and

2) the brake pedal is depressed.

If the transmission is placed in "park," the shift lever locks in that position when the ignition key is turned to the "off" position.

Nissan was initially concerned that this system might not comply with section 4.3 of FMVSS 114 since, as noted above, the ignition key activates the transmission shift lock. However, under the wording adopted in NHTSA's final rule, it is only the "key-locking system described in section 4.2(b)" that may not be activated by turning "off" the ignition key. Section 4.2(b) now appears to apply only to the steering column lock and the key removal lock features (which are not activated by turning "off" the ignition), not the transmission shift lock. Therefore, we now believe that the park lock system complies with section 4.3.

It is our understanding that the agency's intent in establishing section 4.3 was to prevent the potentially dangerous situation that could result if the ignition key of a moving vehicle were turned to the "off" position and the steering column then became locked. In that situation, it would be impossible to steer the vehicle. The Nissan park lock system presents no concern of this sort.

Please inform us whether our current understanding on this matter is correct.

To the extent that you conclude that the three Nissan systems comply with the FMVSS 114 amendments, the requests made in our petition for reconsideration would become moot. For any of these systems that you determine to comply with the standard, as amended, please consider the relevant portion of our petition to be withdrawn. If you determine that any of the systems do not comply, Nissan requests that you consider the applicable portions of the petition and amend the standard to permit the use of the systems.

If you have any questions on this matter, please contact Mr. Kazuo Iwasaki of my staff, at 466-5284.