Interpretation ID: nht91-7.10

DATE: November 14, 1991

FROM: Anonymous

TO: Paul Jackson Rice, Esq. -- Office of Chief Counsel, NHTSA

TITLE: RE: Request for Interpretation of FMVSS 114; "Theft Protection"

ATTACHMT: Attached to letter dated 2/11/92 from Paul Jackson Rice to Anonymous (A39; Std. 114)

TEXT:

A major automobile manufacturer (hereafter referred to as "The Company") is seeking an interpretation relating to the applicability of a transmission shift override mechanism concealment cover as it is applicable to Federal Motor Vehicle Safety Standard FMVSS No. 114; "Theft Protection", as recently defined per notice of response to petitions for reconsideration of the final rule published in the Federal Register notice (56 FR 12464) of Tuesday, March 26, 1991.

The Company is presently considering the incorporation of several possible transmission shift override mechanism concealment covers, and is requesting the NHTSA Office of Chief Counsel to interpret the applicability of these proposals as they relate to the requirements of 49 CFR Part 571.114, S4.2.2(b), which states that the transmission shift lock override device "... may be operable by another means which, when installed, prevents sight of and activation of the device and which is removable only by use of a screwdriver or other similar tool".

The Company has proposed five (5) alternative systems that it believes will afford concealment for the transmission shift lock override mechanism. These proposals are set forth below.

Proposal I

The shift lock override mechanism access panel is a non transparent plastic applique that is affixed to the horizontal surface of the automatic transmission shift gate by vertical members with barbed formations that snap into position upon engagement with complementary vertical walls of the shift gate as shown in section A-A of Fig. #1. The shift lock override panel, when seated in position, has a flush fit arrangement with respect to the finisher panel horizontal plane on all of it's perimeter, with the exception of an approximately 10 millimeter horizontal spacing along it's rear most edge as oriented in car position. This horizontal spacing provides an approximately 2 millimeter vertical gap between the shift gate and the surface of the horizontal member of the cover. In order to remove the shift lock override mechanism cover, one must apply a blade like device such as a knife or screwdriver to the 2 millimeter vertical spacing and pry the cover upward, thus defeating the retention features (Fig. #2) and exposing a button. This button, when depressed, actuates the link mechanism that provides lock override. Company design engineers estimate that a vertical load of approximately 5 to 10 Kg applied normal to the horizontal surface is necessary to remove the shift lock override access panel. Once the cover is removed, transmission shift lock can be defeated by depressing the override button.

(Drawing omitted) Fig. #1 - Shift Lock Override Mechanism Cover Location

(Drawing omitted) Section A-A

(Drawing omitted) Fig. #2 - Removal of Shift Lock Override Mechanism Cover

Proposal II

Proposal II is identical to Proposal I, except that the override button is replaced with a threaded screw with a conventional or cross recessed head that can be advanced by use of a screwdriver. The downward motion of the rotating screw depresses the override link which actuates the override mechanism (Fig. #3).

(Drawing omitted) Fig. #3 - Override Actuation Using Screw to Depress Override Actuation Link

Proposal III

Proposal III incorporates a cross recessed countersunk screw to retain the override mechanism cover rather than the barbed features that are incorporated into the cover in Proposals I and II (see Fig. #4 and Section B-B). In Proposal III, no actuation button or screw is provided. In order to actuate the override link, a screwdriver or similar tool must inserted the through the hole created by the removal of the cover screw to depress the override actuation link to override the transmission shift lock (Fig. #5).

(Drawing omitted) Fig. #4 - Shift Override Mechanism Cover Affixed With Threaded Fastener

(Drawing omitted) Fig. #5 - Actuation of Transmission Override By Depressing Link With Tool

Proposal IV

Proposal IV utilizes the console finisher panel only in providing a concealment device for the shift override mechanism. The finisher panel, as designed, has a "line to line" interference to the console housing (Fig. #6 and Section C-C). The finisher panel is fabricated from injection molded plastic resin, which has some degree of flexibility. To remove the finisher panel, a screwdriver or similar tool is placed in a 6 millimeter crease at the surface of the panel to housing interface, and then applying a prying action. Removal of the panel exposes the shift override link, and actuation of the override is accomplished by depressing the actuation link (Fig. #7).

(Drawing omitted) Fig. #6 - Console and Finisher Panel Assembly

(Drawing omitted) Fig. #7 - A/T Shift Gate Removed Exposing Shift Override Mechanism

Proposal V

Proposal V involves an identical shift override button actuation device as in Proposal I. Company designers have alternatively proposed to have a non removable cover with a slot to access the shift override incorporated as opposed to Proposal I, which has a removable cover. To actuate the override mechanism, a key, screwdriver or similar tool must be inserted into the slot and the shift override release button must be depressed in order to actuate the shift override. This proposal is illustrated in Figure #8 and Section D-D.

(Drawing omitted) Fig. #8 - Proposal V With Key/Tool Access Slot in Shift Override Cover

(Drawing omitted) Section D-D

Supplements to Proposals I and II

(Anonymous) engineers have also proposed identify the transmission shift override mechanism by placing the verbiage "shift lock" in white lettering on the shift lock override mechanism access cover horizontal surface. An illustration is shown below.

(Drawing omitted) Transmission shift lock cover with white lettering on black field