Interpretation ID: 2667y

Mr. Robert Roden
Roden & Hayes
2015 First Avenue No., Suite 400
Birmingham, AL 35203

Dear Mr. Roden:

This responds to your questions about the requirements for key-locking systems in section S4.2(b) of Federal Motor Vehicle Safety Standard No. 114, Theft Protection (49 CFR 571.114). As explained below, the enclosed copy of the agency's recent final rule amending this provision may be relevant to your inquiry (55 FR 21868, May 30, 1990).

By way of background, the National Traffic and Motor Vehicle Safety Act, ("Vehicle Safety Act," 15 USC 1381 et seq.) requires every new motor vehicle sold in the United States to be certified as complying with all applicable Federal motor vehicle safety standards. The Vehicle Safety Act specifies that the manufacturer must certify that each of its vehicles complies with all applicable safety standards in effect on the date of manufacture. Any person violating the Vehicle Safety Act by manufacturing or selling new noncomplying vehicles may be liable for potential penalties of $1,000 per violation up to $800,000 for a related series of violations.

One such Federal safety standard is Standard No. 114, Theft Protection, which applies to passenger cars, and to trucks and multipurpose passenger vehicles having a gross vehicle weight rating of 10,000 pounds or less.

Your first question asked whether section S4.2(b) requires key locking systems to prevent removal of the ignition key except when the transmission is in the "park" position. Section S4.2(b) currently requires such vehicles to have a "key-locking system that, whenever the key is removed, will prevent...(b) either steering or forward self-mobility of the vehicle, or both." However, the agency has recently amended section S4.2(b) to read as follows:

Each vehicle shall have a key-locking system that, whenever the key is removed, prevents: (a) the normal activation of the vehicle's engine or motor; and (b) either steering or forward self-mobility of the vehicle or both. For a vehicle equipped with an automatic transmission with a "park" position, 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.

You should be aware that this amendment takes effect on September 1, 1992. For vehicles manufactured before September 1, 1992, S4.2(b) merely requires that when the key is removed, the key-locking system must prevent steering or forward self-mobility, or both. This provision does not address the issue of the transmission's position at the time of key removal. In contrast, under the recent amendment applicable to vehicles manufactured on or after September 1, 1992, S4.2(b) requires automatic transmission vehicles to 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.

Your second question asked whether a replacement key-locking system is required to comply with Standard No. 114. Because Standard No. 114 applies to new motor vehicles and not to motor vehicle equipment, the standard does not in itself require aftermarket replacement systems to comply with its requirements. However, you should be aware that section 108(a)(2)(A) of the Vehicle Safety Act prohibits manufacturers, distributors, dealers, or motor vehicle repair businesses from knowingly "rendering inoperative," in whole or in part, any device or element of design installed on or in a vehicle to comply with an applicable safety standard.

Your third question asked how long the key locking system is required to perform under S4.2(b) of the standard. The Vehicle Safety Act only requires manufacturers to assure that vehicles and equipment comply with applicable safety standards at the time of the first consumer purchase.

However, please note that if at any time a manufacturer or the agency determines that a vehicle or item of equipment contains a safety-related defect, which could result from the failure of a system to operate properly, the manufacturer is required to notify all product purchasers of the defect and remedy the defect without charge. See 15 U.S.C. 1411-1414.

I hope this information is helpful. If you have any further questions, please feel free to contact Marvin Shaw of my staff at this address or by telephone at (202) 366-2992.

Sincerely,

Paul Jackson Rice Chief Counsel Enclosures ref:VSA#ll4 d:9/l9/90