Crazy Ray’s Give Away!

T-Minus three and counting before the rollercoaster ride that is the tenure of Department of Transportation Secretary Ray LaHood careens to a stop. But, not before he did one last handstand for the crowd.

With the National Highway Traffic Safety Administration and Chrysler on a collision course over a recall to remedy the aft-of-the axle fuel tank design of the early model Jeep Grand Cherokees and some Jeep Liberty SUVs that is prone to explode into flames in a rear impact, LaHood, donned his super-hero tights and flew to what he imagined to be the rescue.

Now, most backroom deals attempt to stay on the QT. But, Ray LaHood, never one to miss an opportunity to pat himself on the back, could not be silent. He gave David Shepardson of The Detroit News the scoop: Six days before Chrysler would have to formally respond to NHTSA’s request that Chrysler recall 2.7 million 1994-2004 Jeep Grand Cherokees and 2002-2007 Jeep Liberty SUVs, Ray got Chrysler Group CEO Sergio Marchionne on the blower and said something like, “Look here, old man, no one takes safety more seriously than Ray LaHood and we’ve got to figure this Jeep thing out!”

Chrysler had heretofore demonstrated a very public unwillingness to recall those Jeep models, based on a shaky statistical analysis that threw every model on the wall it could think of to make the pre-2005 Jeep Grand Cherokee (before they moved the tank) look not-so-horrible. On June 9, LaHood drove from his home in Peoria, Ill; Marchionne flew in from Italy and David Strickland, ever playing Jimmy Olsen to LaHood’s Superman, flew from D.C. to Chicago. The trio converged at the Federal Aviation Administration building at O’Hare Airport for a “tough, hour-long ‘frank’ meeting,” according to Shepardson’s story.

As reported by Shepardson, Marchionne dispatched some engineers the next day to D.C. to come up with “the outlines” of a remedy with NHTSA. In public, the confrontation appeared to build, encouraged by business and auto journalists who seemed excited by the prospect of Chrysler sticking its finger in the government’s eye. Just as the showdown drew nigh, the automaker announced that it would implement a “voluntary campaign” to add trailer hitches to some older models.

Ray could not contain his enthusiasm for the remedy:

Will Chrysler stand behind the Jeep?

Well, today’s the day Chrysler must formally tell NHTSA to pound sand or agree to recall the 1993-2004 Jeep Grand Cherokee and the 2002-2007 Jeep Liberty to mitigate a behind-the-rear-axle fuel tank design that makes it vulnerable to fuel-fed fires in rear impacts.

We will not speculate. We have, however, hired Randy Whitfield of Quality Control Systems Corporation to see if he could replicate Chrysler’s first – and less favorable, albeit more accurate – method of comparison of fire-related, fatal rear-impact crashes.  

Chrysler and the Jeep - Outlier?

So Chrysler has thrown down the gauntlet, and its claque has dutifully delivered its standing O. Atta boy, Chrysler, tell those regulators to stick it!

As usual, those opining about Chrysler’s public resistance to recalling the 1993 - 2004 Jeep Grand Cherokees and 2002 -2007 Libertys for defective fuel tanks haven’t a bloody clue. And so, as usual, The Safety Record Blog will put Chrysler’s shot across the bow into its proper context.

To recap: In November 2009, the Center for Auto Safety petitioned the National Highway Traffic Safety Administration to open an investigation into fuel-fed fires plaguing the early model Jeep Grand Cherokees, alleging that the plastic fuel tank's placement behind the rear axle and below the rear bumper, and the lack of adequate shielding made it more vulnerable to rupture or leakage from rear-impacts and in rollovers. According to Fatality Analysis Reporting System (FARS) data, this design resulted in 172 fatal fire crashes with 254 fatalities, CAS said. The agency granted the CAS petition in August 2010, and opened a Preliminary Evaluation. In June 2012, ODI bumped up the investigation to an Engineering Analysis. Two weeks ago, NHTSA announced that it had requested that Chrysler recall the 1993-2004 Jeep Grand Cherokee and 2002 -2007 Liberty and was ready to go to an Initial Decision hearing if Chrysler refused.

So far, Chrysler has refused. Its preliminary defense was laid out in a “White Paper” (see NHTSA Drops Hammer on Chrysler Jeeps) Yes, it was written on virtual white paper. But we expected something a little more detailed than a three-page press release and a chart with writing so tiny, one needs to blow it up 500 percent to read it. Its basic argument is, and has always been, this: The Jeep Grand Cherokee and the Jeep Liberty met the Federal Motor Vehicle Safety Standard (FMVSS) 301 fuel tank integrity at the time, and the Jeep Grand Cherokee and Liberty, statistically are not outliers for rear-impact fuel-fed fires. (Chrysler has until next Tuesday to file its official response.) 

Sounds reasonable, no? Let’s unpack it.

Jeep Fire Advocacy Heats up While Investigation Stalls

How much is your conscience worth? Jenelle Embrey figures it at about $2,000 a month. That is roughly her monthly out-of-pocket cost for three billboards in the Frederick County, Virginia area, depicting a Jeep Grand Cherokee engulfed by flames and the plea: “Help Save Innocent Families Change.org/Dangerous Jeeps."

The Linden, Virginia woman, who works as a medical transcriptionist and a bookkeeper, is hoping that the graphic depictions will drive motorists to sign her online petition at change.org demanding that Chrysler recall the 1993 -2004 Jeep Grand Cherokees to correct a design that sites the plastic gas tank behind the rear axle, where it is vulnerable to fuel fires in rear-impact crashes. As of this morning, she had collected nearly 3,355 signatures.

 “I worked five years at my part time job, and I was at the point where I thought:  ‘It’s time to let go of the second job.’ Then the accident happened, and I said: ‘I’m going to hold on to it to fund my Jeep campaign,’” Embrey says. “It’s insane that they are still on the road. [Chrysler] knows they are faulty.”

The Jeep Grand Cherokees have been under the scrutiny of the National Highway Traffic Safety Administration since November 2009, when the Center for Auto Safety petitioned the agency to open an investigation into fuel-fed fires in Jeep Grand Cherokees from the 1992-2008 model years. The advocacy group charged that the plastic fuel tank's placement behind the rear axle and below the rear bumper, and the lack of adequate shielding – similar in design to the infamous Ford Pinto – made it more vulnerable to rupture or leakage from rear-impacts and in rollovers. According to Fatality Analysis Reporting System (FARS) data, this design resulted in 172 fatal fire crashes with 254 fatalities, CAS said. The agency granted the CAS petition in August 2010, and opened a Preliminary Evaluation. In June 2012, ODI bumped up the investigation to an Engineering Analysis; it remains open.

Today, the Center for Auto Safety sent another letter to Chrysler Chairman Sergio Marchionne and John Elkann, Chairman of parent company, Fiat Spa, calling on the company to recall the 1993-2004 Jeep Grand Cherokees, 1993-2001 Jeep Cherokees and 2002-2007 Jeep Libertys. The letter was an emotional appeal, featuring the photos of toddlers and small children, who are among the occupants who have died in rear impact fire-involved crashes.  CAS cited 349 fatal fire crashes of 1993-2004 Jeep Grand Cherokees, 1993-2001 Jeep Cherokees and 2002-2007 Jeep Libertys that have resulted in 478 deaths, at least 157 of which are deaths due to fire.

Senate Takes Up Recalled Rental Bill

The Consumer Protection Subcommittee of the Senate Commerce Committee will hold hearings tomorrow on a bill that would prohibit car rental companies from renting vehicles that are under a safety recall until they are remedied.

Called the Raechel and Jacqueline Houck Safe Rental Car Act of 2013, the bill is a bi-partisan affair, sponsored by Democratic Sens. Charles E. Schumer (D-NY), Barbara Boxer (D-CA), and Claire McCaskill (D-MO) and Republican Sen. Lisa Murkowski (R-AK), and supported by the car rental companies.

The namesakes of the bill, Raechel Houck, 24, and her 20 year-old sister, Jacqueline Houck, died in an Enterprise Rent-A-Car 2004 PT Cruiser on October 7, 2004 in a fiery collision while northbound on Highway 101 in Monterey County. The driver, Raechel Houck, lost control of the vehicle, crossing the median and crashing into an 18-wheeled Freightliner tractor trailer. The driver of the truck testified that he could see smoke pouring from the PT Cruiser’s engine compartment just before it veered into the southbound lanes.

Chrysler had recalled 439,000 2001-2004 PT Cruiser and the 2005 PT Cruiser Convertible a month earlier. The September 9, 2004 recall noted that the power steering hose could rub against the transaxle differential cover, eventually resulting in a steering fluid leak and an underhood fire. By the time of the Houck crash, Chrysler had reported a total of 126 PT Cruiser fires, beginning in 2000. Despite the recall notice, Enterprise had rented the PT Cruiser that crashed to three other customers before the Houcks. On the day of the crash, the PT Cruiser was the only vehicle available and Enterprise employees offered it to the Houck sisters as a free upgrade.

Liberty Tire Gives Consumers Another Reason to Avoid Used Tires

In 2012, Kumho Tires notified NHTSA that it was recalling 40,769 SOLUS KH25 passenger car tires (size 225/45R17) due to sidewall cracking. At the time, nearly the entire recall population was in Kumho’s warehouses. Only 122 had actually been sold to customers; another 1,116 were in dealer’s inventories. But thanks to one of the nation’s biggest tire recyclers, Kumho has to recall them again.

On April 30, Kuhmo announced that it would now have to collect nearly 12,000 SOLUS KH25, because the national tire recycler that was supposed to scrap them resold them to used tire dealers. According the Defect and Noncompliance notice Kumho filed with the National Highway Traffic Safety Administration, in early August 2012, the Vietnamese tire manufacturer paid Liberty Tire Recycling to dispose of 11,922 tires from its Itasca, Illinois warehouse. The tires slated for destruction had three holes drilled into in the tread surface – presumably to render them unusable. Instead, Liberty sold 7,875 tires to various tire wholesalers in Texas, New York, North Carolina and Puerto Rico.

On its website, Liberty proclaims itself as an environmental champion, turning more than 110 million scrap tires annually into the “raw materials for smart, sustainable products that improve people’s lives”: 

The Continuing Case of Takata’s Exploding Airbags

Last week, four Japanese automakers – Toyota, Nissan, Honda and Mazda – announced recalls of 3.4 million vehicles for “improperly pressurized” airbags made by Takata that could rupture, igniting fires or propelling metal fragments that could travel “upward toward the windshield or downward toward the front passenger's foot well.”

They forgot to mention that they could shoot straight out and hit you in the chest, as allegedly happened in 2009 to a Florida woman who owned a 2001 Honda Civic. And, they apparently forgot to mention that these airbags have been recalled over and over again since 2001.

In this latest campaign, Takata said that it only learned of the problem in 2011, after an alleged rupture of a passenger airbag inflator occurred in Puerto Rico. Certainly, it’s unlikely that 2011 was the first the supplier heard about this issue. There have been six recalls associated with Takata airbags that explode with too much force, spraying debris in their wake. This slow-moving rolling recall for manufacturing defects involving 13-year-old vehicles raises more questions than it answers. Why is Honda identifying a manufacturing process problem so long after these vehicles were produced?

The latest recall of 2000 to 2004 vehicles suggests an age degradation issue involving the propellant. Honda’s ever-changing explanations suggest that perhaps more than one manufacturing problem lies at the root of the inflator rupture problems.  A stroll through the recall documents also reveals Honda’s odd behavior – like recalling 830,000 vehicles to find 2,400 replacement modules. The depth of NHTSA’s involvement is also unknown. The agency began asking questions in 2009, without actually assigning the recall investigation an official Recall Query number. We suspect that the Recall Management Division has been keeping close company with Honda ever since.

Honda Inflator Ruptures Through the Years

2001: Recall 01V055

In February 2001, Isuzu reported in a Defect and Noncompliance Notice that it discovered three vehicles, a 2000 and 2001 Rodeo and an MY 2001 Honda Passport had passenger side front air bag inflator modules built with too much generant.

“In the event of a crash, the abnormal amount of generant could cause the airbag to burst. Occupants could be injured either as a result of debris or as a result of crash forces not counteracted by the air bag,” Isuzu said.

According to the defect report, the undisclosed supplier told the vehicle assembly plant that it had produced air bag units with incorrectly manufactured inflators in late January 2001. At the time, Isuzu said that it only knew of three defective vehicles outside its possession – identified by Isuzu 's undisclosed supplier using ”radiography images in the supplier's possession.”

So, it was a small, limited recall, since two of the vehicles were on the dealer’s lot, and only one – a Honda Passport – had been sold to a customer. 

Kia and the Breaking Brake Switch that’s Been Broken

Remember Lauri Ulvestad? She was the unfortunate owner of a 2011 KIA Sorrento, which took her on a wild 60-mile ride, at speeds topping out at 115 mph, around sedans and 18-wheelers along the north-bound corridor Interstate 35 in Harrison County, Missouri. The Missouri State Highway Patrol, which escorted Ulvestad until she was able to bring the vehicle to a stop, captured the event with an on-board camera.

At the time, the automaker said that it could not duplicate the event, and that it was “an isolated incident.” But, it bought Ulvestad’s Kia double-quick.

Well, today it turned out that the Ulvestad incident wasn’t so isolated after all. Kia and Hyundai announced that they were recalling 1.9 million vehicles from the 2006-2011 model years for a brake switch failure. The long list of vehicles includes: Hyundai Accent, Elantra, Genesis Coupe, Santa Fe, Sonata, Tucson and Veracruz vehicles and Kias Optima, Rondo, Sedona, Sorento, Soul and Sportage.

According to KIA’s Part 573 Defect and Noncompliance Report:

"The stop lamp switch" (also known as a brake switch) "on vehicles in the subject recall population may experience intermittent switch point contact. This condition could potentially result in intermittent operation of the push-button start feature, intermittent ability to remove the vehicle's shifter from the Park position, illumination of the 'ESC' (Electronic Stability Control) indicator lamp in the instrument cluster, intermittent interference with operation of the cruise control feature, or intermittent operation of the stop lamps. Intermittent operation of the stop lamps increases the risk of a crash."

How does this description square with Lauri Ulvestad’s experience? Let’s see:

Betsy Spills Toyota’s Beans

To steal a line from Bogie: “Of all the publications in all the websites in all the world, she walks into Corporate Counsel.” She – being Betsy Benjaminson, a freelance translator from Israel who was tasked with translating from Japanese into English documents regarding Toyota Unintended Acceleration. Corporate Counsel -- being the self-described “leading digital destination for in-house counsel to find breaking news and practical information.” And this bit of breaking news? When you lie to the world about an automotive electronics problem that has the potential to result in fatal crashes, don’t expect every underling to keep your secrets.

The story, entitled Is Toyota Telling the Truth About Sudden Acceleration? (Spoiler alert: the answer is: No.) is a fascinating behind-the-scenes look at a company in disarray with a technically challenging problem that its technicians weren’t looking too hard to solve, while its legal and public relations gears clicked into place to drive the denial machine forward. Our favorite:

“Hagiwara and Chris Tinto, a V.P. for technical and regulatory affairs and safety, had been talking about the U.S. investigation and an earlier one in Europe that also involved unintended acceleration (UA).

‘Tinto is extremely pessimistic,’ Hagiwara wrote, ‘and is saying (public hearings, someone will go to jail, I can't completely take care of the pedal problem, etc.).’ Tinto's primary concerns (according to Hagiwara): ‘For NHTSA, we said that our investigations in Europe found that the pedal return is a little slow at a slightly open position, and that there were no accidents, but this is not true. Last year's situation in Europe (many reports of sticking pedals and accidents, and a TI TS9-161 was filed on October 1, 2009) was not reported to NHTSA.’ That failure, Tinto said, ‘may be a violation of the TREAD Act’—the federal law that requires car manufacturers that conduct recalls in foreign countries to report these to U.S. regulators.”

Another Secret Chevy Volt Investigation?

One word journalists like to use in headlines about the all-electric Chevy Volt is “shock” – as in “Electric Shock: Is GM Really Losing $49,000 on Every Volt Sale?” and “Chevy Volt Continues to Shock and Awe After a Week on the Road” and “Chevrolet Volt: Electric sedan sends shock waves through auto industry.”

An electric vehicle is going to invite those metaphors, right? But three months ago, a driver from California made a complaint to the National Highway Traffic Safety Administration that was literally shocking. On December 1, the driver received what was described as a significant electric shock from the gear shifter:

Tags: 

Pages