Fixated on Floor Mats

Last month, NHTSA kicked a two-year-old investigation into unintended acceleration in Ford Fusion and Mercury Milan vehicles up to an Engineering Analysis. The suspected defect – floor mats that can entrap the accelerator pedal. According to the National Highway Traffic Safety Administration’s Office of Defects Analysis:

“A heel blocker in the floor pan provides a platform that may lift an unsecured mat into contact with the pedal. Ford introduced new pedals as a running change early in model year (MY) 2010 vehicles. Analysis of complaints received by ODI and Ford show elevated rates of pedal entrapment incidents in MY 2008 through early 2010 production vehicles. Incidents typically occur following hard pedal applications to pass slower traffic or when merging into faster traffic. Drivers allege continued high engine power after releasing the accelerator pedal and difficulty braking, including reports that the incident was controlled by shifting to neutral or turning the engine off. Drivers and service technicians reference observing evidence of mat interference or note unsecured Ford or aftermarket all weather floor mats in post-incident inspections.”

This action was followed by a high-profile $17.4 million civil penalty that the agency levied against Toyota for failing to launch a timely recall for floor mat interference involving Lexus RX350 and RX450h vehicles. This was a NHTSA-influenced recall of mysterious origins since the Vehicle Owner’s Questionnaire complaints didn’t seem to support a floor mat interference defect trend (see A Defect Remedy Delayed) – although the Lexus RX has certainly been plagued with all manner of sudden acceleration complaints.

These two events sent us digging through the recall and investigation archives to get a better handle on the greater context. There seems to have been an awful lot of floor mat-related brouhahas in the last few years. It seemed odd that floor mats – which exist solely to provide a barrier between muddy shoes and the carpeted floor pan – should suddenly be so troublesome. In the old days, rubber floor mats were rarely secured with retention clips, as they are now. In one of its responses to the 2010 Ford Fusion Preliminary Evaluation, the automaker reminded NHTSA:

A Defect Remedy Delayed?

Well, we guess that the Christmas bonuses at Toyota are going to be a wee bit smaller this year, since the National Highway Traffic Safety Administration pocketed about 12 hours of profit from the automotive giant for failing to launch a timely recall for flying floor mats in the 2010 Lexus RX 350.

Yesterday, Toyota agreed to settle the government’s claim that it failed to file a Part 573 report to the government within the mandatory five days after discovering a defect requiring a recall for $17.35 million. According to the settlement agreement, Toyota admitted to NHTSA that it knew of 63 alleged incidents of possible floor mat pedal entrapment in Model Year 2010 Lexus RX models since 2009.

That brings the Total Timeliness Simoleans (TTS) Toyota has paid to NHTSA in two years to more than $66 million. Now, Toyota may be setting all kinds of NHTSA civil penalty records, but when one considers that the company reportedly posted a $3.2 billion profit in just the third quarter, one realizes, that by any-pain-in-the-pocketbook standard, this fine ain’t nothing.

In a statement dripping with gravitas, NHTSA Administrator David Strickland said: “Every moment of delay has the potential to lead to deaths or injuries on our nation's highways.”

This fine stems from a NHTSA-influenced floor mat interference recall last summer involving 2010 Lexus RX350 vehicles. In May 2012, the agency’s Office of Defects Investigation asked Toyota to review nine Vehicle Owner Questionnaires that indicated a floor mat entrapment problem for the 2010 RX. Toyota then reviewed its records for “additional reports that could indicate circumstances that may be consistent with potential floor mat entrapment.” On June 22, the automaker presented to ODI cases in which “potential floor mat entrapment was possible or alleged to have occurred in the subject,” including a timeline when each of the reports was received,” according to Toyota. On June 29, Toyota announced its 11th recall related to unintended acceleration, for alleged pedal entrapment by the All-Weather Floor Mat, involving the 2010 Lexus RX350 2010 and RX450 H vehicles.

Lexus RX Floor Mat Recall: NHTSA’s House of Cards Adds a New Floor

An examination of NHTSA records surrounding a June recall for floor mat interference in 2010 Lexus RX350 vehicles shows that the National Highway Traffic Safety Administration used mischaracterized data to buttress its request that Toyota recall the floor mats. Further, NHTSA ignored obvious clues that there might be an electronic root cause for the unintended acceleration complaints consumers filed with the agency.

These documents affirm the pattern that has characterized NHTSA’s Toyota Unintended Acceleration investigations – both informal and official -- since 2004:

  1. Dismiss the consumer’s description of the event, unless it conforms to the agency’s presumption of driver error or mechanical interference.
  2. Accept the explanations of the automaker or dealership of driver error or mechanical interference as completely accurate – even in the absence of any empirical evidence to support the contention.
  3. Dismiss any evidence of an electronic cause
  4. Settle for a limited, ineffective recall.
  5. Wait for another high-profile incident, consumer petition or accumulation of complaints to repeat the process

SRS has been examining the factual underpinnings of NHTSA’s actions in Toyota Unintended Acceleration since 2009. As we have in the past, we submitted a Freedom of Information Act request for all records related to Toyota’s most recent floor mat recall. We received 58 pages of documents, some of which were redacted under FOIA exemptions for confidential business information, personal identifying information and sections deemed “deliberative process.”

As we don’t know what information lies behind the redactions, we cannot assess the totality of the evidence behind NHTSA’s decision to seek a floor mat recall. However, what the unredacted portions show is there is scant evidence of a widespread floor mat interference problem and there is even less logic in the complaints NHTSA claims support its argument that a problem with the mats exists. But, there is much more evidence in the narratives of consumer complaints suggesting electronic causes of UA in 2010 Lexus RX 350.

Another Attack of the Killer Floor Mats: Sarasota Edition

Dear Toyota:

Why did you buy back Tim Scott’s 2007 Lexus RX? We mean, really? You gave him a bunch of different reasons, but he doesn’t believe you. (We’re finding it a little hard to swallow, too.)

Awaiting your reply,

SRS

Here’s Tim Scott’s story. In early December, as NHTSA and NASA were putting the finishing touches on their reports saying that there is nothing wrong with Toyota’s electronics or software, Scott experienced an unintended acceleration event in his 2007 Lexus RX350, on his way home from the gym. Here’s the narrative that Scott, 46, the chief financial officer for the International Union of Police Associations, wrote:

Toyota announces a Fix for Sudden Acceleration: Focus on Stuck Mats

After years of applying band aids to its Sudden Unintended Acceleration problem, Toyota will finally offer a vehicle-based remedy to fix SUA problems involving floor mats that can entrap the accelerator pedals in eight Toyota and Lexus models.  The National Highway Traffic Safety Administration announced this morning that

Toyota plans to reconfigure the accelerator pedal on 3.8 million vehicles going back to the 2004 model year.  Other fixes include modifying the floor area around the pedal and in some models, installing a brake-to-idle override that allows the driver to quickly stop a vehicle in an unintended acceleration incident and newly-designed replacement driver- and front-passenger side all-weather mats.