NHTSA’s “Tough” Stance on Ford Recall – Eight Years Too Late

Well, the agency’s done it again. No longer can reporters call a $17.3 million civil penalty against a manufacturer the “largest fine in agency history.” Nope, now it’s the new normal. This time it was Ford who got rapped with NHTSA’s multi-million dollar automaker swatter, over failing to recall 2001-2004 Ford Escape and Mazda Tribute vehicles to correct an earlier recall repair to the accelerator cable that actually exacerbated the original problem.

Did you follow that? If, not, don’t worry. We’re gonna lay it out in all of its glorious detail.

Like just about everything NHTSA does these days, the path to the fine follows a long roundabout route that reaches its crescendo in a high-profile death. In this case it was Saige Bloom, the 17-year-old driver of a 2002 Escape who died in an unintended acceleration crash in Payson, Arizona on January 27, 2012. Bloom was driving her new used car home, with her mother following in another car, after they purchased the Escape. Bloom lost control of the vehicle, which rolled over. Bloom died of her injuries in the hospital.

Clarence Ditlow, executive director of the Center for Auto Safety, which petitioned the agency to open a Recall Query after Bloom’s death, says that the monetary penalty didn’t go far enough.

“To me, if there was ever a case for a criminal penalty this was it. It meets the requirements of the TREAD act – there was a death,” Ditlow said “In fact, there have been at least three deaths. Who knows how many there are, in reality? There’s an 8-year gap between the first recall and the fine.”

But, as these things tend to go, there won’t be anything as shocking as a criminal prosecution, just a blip on the bottom line. Ford denied any responsibility in the settlement agreement. To quote:

Ford Unintended Acceleration Hopping that Class Action Train

It’s Ford’s turn to take a ride down the Unintended Acceleration (UA) class action track. The civil lawsuit, filed in the southern district of West Virginia, with plaintiffs from 14 states, seeks economic damages from any Ford vehicle manufactured between 2002 and 2010 equipped with an electronic throttle control system but not a brake override system. This civil lawsuit seeks economic damages only on behalf of Ford owners and lessors who relied on Ford’s representations of vehicle safety in choosing their products.

As in the recently settled Toyota MDL, the remedy is a brake override system. Hopefully Ford will design one that works in most UA scenarios – unlike Toyota’s version, which does not override the command to accelerate if the brake is already depressed when the UA occurs or at low speeds. (Sorry, all you plate-glass-breaking, drive –through, curb-hopping Toyota parkers who have the misfortune of experiencing a UA event while riding the brakes into a parking spot.)

While Toyota has gotten most of the ink on UA, it is hardly the only automaker grappling with electronic malfunctions in its vehicles. A casual survey of some of pending or recently retired National Highway Traffic Safety Administration investigations and news stories about wild terrifying trips on our nation’s highways shows that Hyundai, Mercedes Benz, Honda, Ford and others have been associated with Unintended Acceleration and Unintended Braking.

Ford, you may recall, was the target in 2011 of Judge William T. Swigert’s ire for lying to the court, the National Highway Traffic Safety Administration, as well as its own expert witnesses on its knowledge of UA. Swigert, Senior Judge of the Florida’s Fifth Judicial Circuit, set aside a jury verdict in favor of Ford in Stimpson v. Ford, because the automaker defrauded the court by claiming that it knew of no other cause of unintended acceleration than driver error and for concealing years of testing that showed that electromagnetic interference was a frequent root cause of UA in Ford vehicles.

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:

Ford Steering Problems Come into Focus

Headed to the top of the Early Warning Reporting charts with a bullet: 2012 Ford Focus steering failures. In the last four quarters, which includes the first half of 2012, there have been about 13 injury claims. Randy Whitfield of Quality Control Systems Corp., who regularly trawls this data, says that it is unusual to see so many steering-related claims in the 2012 model year, given the total for this very large fleet – one of the top-sellers for 2012 – so far.

The 2012 Ford Focus, is an all-new redesign, with – you guessed it: Electronic Power-Assisted Steering (EPAS). Electronic Power Steering (EPS) is one of our favorite automotive technology advancements plagued with failures when introduced – just ask Honda, GM and Toyota. All three have battled EPS malfunctions. The latter two prompted defect investigations which prompted one Technical Service Bulletin and one recall. The EPS issue is yet another example of automotive technology advancing without functional safety standards and beyond the National Highway Traffic Safety Administration’s ability to regulate or enforce.

A Ford video on the Focus EPAS purrs about how the sensors achieve steering “that feels just right” and “helps keep you firmly planted and in control.” (Watch

Perhaps Ford's EPAS keeps drivers planted a little too firmly – once the steering goes, it’s pretty hard to turn the wheel, according to owner reports. Consumer complaints show that the problem is a right-out-of-the-box phenomenon, with drivers generally reporting that within a few minutes of starting operation, power steering fails and Steering Assist Fault displays on the dash. (There’s another category of high-speed wander-type complaints, too.) Some had their first loss-of-steering-control incident within the first week of ownership, and many have had multiple occurrences. The failure usually occurs at low speed, and yet, there are situations in which losing steering is mighty dangerous, like when turning into traffic. About 20 owners of 2012 Focus vehicles have lodged complaints with the National Highway Traffic Safety Administrations. One West Virginia owner reported: “While backing out of a driveway the steering system failed. I rolled down a hill and into a wooded area. The system gave an indicator light of steering system failure and also the braking system did not engage. I lost complete control of the vehicle.”

Ford Offers “False” Testimony; Alliance Swears to It

From the annals of chutzpah: On March 12, the Alliance of Automobile Manufacturers filed a friend of the court brief to head off a potentially disastrous breach in the auto industry’s carefully constructed dam around the causes of unintended acceleration (UA). To wit, there are no electronic causes of unintended acceleration. This phenomenon, as the industry and the National Highway Traffic Safety Administration would have it, is solely caused by drivers hitting the wrong pedal and mechanical causes, such as pedal entrapment and bound Bowden cables. Electronic systems cannot have electronic malfunctions that can go undetected or cause UA, got that?

William T. Swigert, the Senior Judge of the Florida’s Fifth Judicial Circuit, however, had no respect for industry/government mythology. He set aside a jury verdict in favor of Ford Motor Company, after deciding that Ford’s victory in Stimpson v. Ford was won with “false and misleading” testimony and defrauded the federal government to boot, by claiming that it knew of no other cause of unintended acceleration than driver error and concealing years of testing that showed that electromagnetic interference was a frequent root cause of UA in Ford vehicles. (See How Ford Concealed Evidence of Electronically-Caused UA and What it Means Today)

Judge Finds Ford Fraudulently Concealed Electronic Causes of Unintended Acceleration

The Senior Judge of the Florida’s Fifth Judicial Circuit has set aside a jury verdict in favor of Ford Motor Company, blasting the automaker for defrauding the court and the National Highway Traffic Safety Administration by claiming that it knew of no other cause of unintended acceleration than driver error and for concealing years of testing that showed that electromagnetic interference was a frequent root cause of UA in Ford vehicles.

In his withering decision, Senior Judge William T. Swigert of the Fifth Judicial Circuit in Sumter County, Florida ordered a new trial in which the jury would only consider compensatory and punitive damages in Stimpson v. Ford. The post-trial order is a victory for Attorney Thomas J. Murray, of Murray & Murray based in Sandusky, Ohio, who represented the Stimpson family.

The case concerned an October 28, 2003 crash which left Peggy Stimpson permanently paralyzed. Her husband alleged that he was unable to stop the couple’s 1991 Ford Aerostar, when it suddenly accelerated from their carport as he put the van into gear. The Aerostar hurtled more than 100 feet, and crashed into a utility pole.

Greater Than Axle Failure

When the Office of Defects Investigation finally opened a Preliminary Evaluation into rear axle failure in Windstar minivans, Ford Motor Company argued that the problem was no big deal. The fractures only struck a handful of vans in the Salt-Belt states. The vans were older and had significant mileage. The components had performed well, considering. Besides, Ford said, an axle failure while the vehicle was in motion would not result in a catastrophic crash:

“The preponderance of real world data suggests the vehicle remains controllable even in the event of a complete rear axle fracture. The vast majority (95%) of reports received by Ford alleging a cracked or completely fractured rear axle do not indicate any concern for loss of vehicle control. Additionally, some customers note that there was indication of an unusual symptom, such as changes in vehicle ride or noise while driving, for days or weeks before the axle fractured,” Ford wrote to ODI in July.

Surrender Dorothy!

The California Tire Age bill passed the state assembly yesterday 48-21 and that loud pop you may have heard was the sound of the Rubber Manufacturer's Association's head exploding.

While it wasn't as good as a rant as one from the Tire Industry Associations' Roy Littlefield, the immediate response from the tiremakers trade group wasn't far off (RMA Press Release). Dan Zielinski, RMA senior vice president of public affairs, panted about the bill's proponents using "fear-mongering to allege that tires reaching a certain chronological age are dangerous."

Tire-Related Explorer Rollover Deaths Continue to Climb

Reprinted from The Safety Record, V5, I6; Nov/Dec. 2008

CROWNSVILLE, MD. - Ford may have won the public relations battle in 2000, when the blame for 173 Explorer rollover deaths fell on Bridgestone-Firestone's Wilderness ATX tires, but the motoring public has turned out to be the real loser. According to a new analysis, after a brief dip, the number of Explorer rollover deaths involving a tire failure has risen to significantly higher levels than before the tires were recalled.

Dill Finally Launches Tire Valve Stem Recall

Reprinted from The Safety Record, V5, I6; Nov/Dec. 2008

OXFORD, NC-One year after a fatal crash and seven months after the National Highway Traffic Safety Administration launched a defect investigation into 30 million Chinese-manufactured tire valve stems that could crack prematurely, Dill Air Control Products has finally announced a recall.

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