Interpretation ID: nht92-5.6

DATE: July 29, 1992

FROM: Kevin R. Boyne -- Chief Engineer, Dynamics and Durability Engineering, Transportation Research Center Inc.

TO: Paul Jackson Rice -- Office of Chief Council

TITLE: None

ATTACHMT: Attached to letter dated 10/21/92 from Paul Jackson Rice to Kevin R. Boyne (A40; Std. 114)

TEXT:

This correspondence is a request for clarification of CFR Title 49, Part 571.114, Section 4.2.1 (FMVSS 114, "Theft Protection"). The Transportation Research Center Inc. (TRC) is conducting FMVSS certification tests on a passenger car for compliance, beginning September 1, 1992. The test vehicle is equipped with an automatic transmission and a console-mounted shift lever. There is no provision for an override device for the removal of the ignition key.

Section 4.2.1 requires each vehicle which has an automatic transmission with a "park" position to prevent removal of the key, unless the transmission shift lever is locked in "park" or becomes locked in "park" as the direct result of removing the key. The vehicle we are testing operates in the following manner:

Initial Condition - Engine running and shift lever positioned in "drive".

Action - The operator depresses the thumb button on the left side of the shift lever and moves the shift lever to the "park" position.

Point of Concern - As long as the thumb button is held in the depressed position, the ignition key can be rotated to the lock position and removed. Still holding the thumb button, the shift lever can later be moved to any position. Removal of the key will only occur in the "park" position.

Is this condition within the requirements of the standard?

The solenoid which prevents the moving of the key from the accessory to lock position, and subsequent key removal, is deactivated by the position of the shift lever. Additionally, the shift lever will only lock in "park" if the thumb button is released.

TRC has inspected other vehicles of similar layout for this condition and found it to exist in all three foreign-designed vehicles we tested. The one domestic-designed vehicle we inspected required release of the thumb button to permit rotation of the key to the lock position and subsequent removal.

Please provide TRC in writing, regarding the Chief Council's position. If you have any questions or require further information before you can determine a position, please contact the undersigned at (513) 666-2011. We thank you in advance for your expeditious reply.