Interpretation ID: aiam3855
Abt. ESV
z. Hd. Hern Mayer
Postfach 11 40
7251 Weissach
WEST GERMANY;
Dear Mr. Mayor: This responds to your letter about Safety Standard No. 101, *Control and Displays*, and Safety Standard No. 102, *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 Nationa 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 ar considering may be generally described as follows. The shift level 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 standard for a manufacturer not to provide identification for the shift level. 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 level. Moreover, no other Federal motor vehicle safety standard includes such a requirement.; The identification and other requirements of Standard No. 101 onl apply to the controls and displays listed in the standard. Since automatic transmission shift levers are not among the controls listed in the standard, the standard's requirements are not applicable. Standard No. 102 requires that '(i)dentification 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. 10 requires the shift level 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 certai 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 propose design. The first concerns the requirements 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 'positions' to mean the position of the gear 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 level sequence *and* a gear position indicator.; Moreover, the agency has interpreted this section's use of the word '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 th display of a gear level 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 level 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 intensit 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 ar 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