NHTSA Opens Smart Key Compliance Probe

With a 2011 rulemaking on standards governing electronic key systems still pending, the National Highway Traffic Safety Administration has opened a compliance investigation into 34 recent model-year vehicles that allow the vehicle to be turned off in a gear other than park, allow the key fob to be removed from a running vehicle with no warning to the driver, and allow vehicles to be restarted without the key fob present – all conditions that defy the letter and intent of Federal Motor Vehicle Safety Standard 114. And, incidentally, all conditions that Safety Research & Strategies informed the agency about in a 2010 meeting.

SRS obtained these documents after submitting a Freedom of Information Request for agency documents related to keyless ignition investigations.

On January 28, the agency’s Office of Vehicle Safety Compliance sent information requests to Toyota, Ford, General Motors, Nissan, Mazda, Hyundai and Kia regarding 2012 and 2013 model-year vehicles, based on tests of how their keyless ignition systems operate under different scenarios in which to determine if the Theft Protection and Rollaway Prevention Standard had been violated.

The agency said that the probe was initiated by a Ford recall (13V-475), for 23,000 Ford Focus vehicles, equipped with keyless starting systems that did not have an audible warning when the driver exited the vehicle. But actually, the compliance investigation had its origins in a routine FMVSS 114 compliance test of a 2013 Ford Focus. After discovering that the vehicle did not meet the warning aspect of the regulation, NHTSA’s Office of Vehicle Safety Compliance (OVSC) contacted Ford in March 2013. The two met to   discuss how its Intelligent Access key system worked. And OVSC asked Ford if it could use its MyCANIC tool. Used with Ford software, the MyCANIC is plugged into the OBD-II diagnostics port to read specific data channels from the vehicle’s computer, namely to access how the “Power Mode” communicated either a “Key Out” or “Key In” reading.

Over the spring, and stretching into the fall the OVSC and Ford jointly reviewed the vehicle. NHTSA asked for more information; Ford provided it. In September, Ford made the decision to recall, even though, “it was not determined that a non-compliance to FMVSS 114 Section 5.1.3 existed in these vehicles,” Ford noted in its Part 573 Notice of Defect and Noncompliance. And just in case the agency was wondering what Ford really thought of FMVSS 114, it added:

“While the applicability of this section of FMVSS 114 to keyless ignition systems is ambiguous, in the interest of Ford's consistent cooperation with the agency, Ford will conduct a notification and remedy campaign to add a  ‘key in ignition’ door chime to address the agency's question with respect to the requirements of FMVSS 114 Section 5.1.3 (Theft Prevention).”

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:

Automakers Blame Drivers, But Settle Unintended Acceleration Cases

Two recent settlements in Unintended Acceleration (UA) cases remind us that while Toyota has sucked all the oxygen in the room over this defect, other automakers’ products equipped with electronic throttle controls are also getting their share of complaints, causing their share of injury and property damage and winding up in civil court.

In the last month, Thomas J. Murray & Associates, a law firm based in Sandusky, Ohio, reached confidential settlements against Kia Motors America and Subaru for seriously injured plaintiffs who claimed that their vehicles suffered an unintended acceleration event.

The first case involved Mary McDaniels, a visiting nurse from Norton, Ohio, who was returning to the office after seeing a patient, when the throttle of her 2006 KIA Amanti suddenly opened, as she crept along in stop-and-go traffic. With vehicles in front of her and oncoming traffic directly to her left, McDaniels chose to steer her rapidly accelerating sedan off the road.

Attorney Molly O’Neill says that McDaniels testified that her first reaction was: “What is happening to me?” When McDaniels looked down to affirm the position of her foot, she saw that it was on the brake. The Amanti hit a ditch, became airborne, skidded and collided with a tree. McDaniels’ leg was fractured in several places. She is unable to walk without assistance as a result of the Dec. 26, 2007 crash and had to give up her job.

McDaniels v Kia Motors America went to trial in October. Over two weeks of testimony, the Murrray legal team was able to show that Kia’s “American engineers were aware of unintended acceleration or surging events not ascribed to driver error,” O’Neill says. “They surmised it could be electronic.” McDaniels’ Kia was bought as “new” with a full warranty, even though it had 6,900 miles on it at the time of purchase and had been used by Kia as an in-house vehicle.

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