NHTSA’s FOIA Problem

Safety Research & Strategies, a Massachusetts safety research firm that advocates for consumers on safety matters, has filed its third Freedom of Information Act lawsuit against the U.S. Department of Transportation alleging that the National Highway Traffic Safety Administration (NHTSA) has improperly withheld documents – this time related to in the Evenflo infant seat recall of 2008.

“NHTSA is the DOT’s only designated public health agency,” says Sean Kane, president of SRS, “Decision-making on important safety matters should not be a private affair between the agency and the regulated.  We will continue to press for the release of documents that should be in the public domain.”

Evenflo recalled the Discovery infant carriers in February 2008 – one year after Consumer Reports, a Consumer Union (CU) publication, printed a controversial story rating rear-facing infant car seats in front and side-impact sled tests. The CU tests showed that only two of the 12 seats performed well in tests and most failed.  And as part of the story, CU urged the recall of the Evenflo Discovery.

NHTSA conducted its own sled tests to check CU’s results and found that the organization’s testing contractor, Calspan, had assessed the seats under conditions that represented a more-than 70-mph impact, instead of the 38.5 mph intended. CU profusely apologized and withdrew its report.

One year later, NHTSA and Evenflo simultaneously released brief announcements that the juvenile products company would recall 1.1 million Discovery infant seats. Using strikingly similar language, both press releases referenced recent tests conducted by NHTSA and Evenflo which showed that “this car seat has the potential to separate from its base.” Continue reading

Burning Question: Why are Some Manufacturers Investigated for Door Fires, Others Not?

Karen Swicker’s used 2002 Subaru Outback was new to her – less than a year old, when the driver’s side door ignited as she drove look along a Newburyport, Massachusetts road on February 16. The first puff of smoke sent her to the side of the road. As she came to a stop, the wisps had turned to a cloud. When the Fire Department pulled the door off, it burst into flames, and fire fighters had to cut the electrical wires from the harness.

This might have made a memorable entry in Subaru’s new marketing campaign, First Car Story, in which a driver can used an automated computer program with music and graphics to wax poetic about the elderly El Dorado with the duct-taped bumper that ferried him and his friends to the malt shop.

As Alan Bethke, Subaru of America’s director of marketing communications said in a statement: “The First Car Story campaign provides a creative outlet for reliving those unique, funny, unforgettable car experiences anyone who had a first car can relate to.” Continue reading

Another CO Smart Key Death… and what Happens when Smart Keys Collide?

Tell us again why electronic keys are an automotive technology advance?  Apparently, they’re so great that our National Highway Traffic Safety Administration has to re-write the Federal Motor Vehicle Safety Standard 114 (in a ham-handed way) to accommodate them.  And so super-duper that these new electronic ignition system vehicles are introducing new hazards that are killing and injuring consumers.

The Palm Beach County Sheriff’s office is investigating last week’s carbon monoxide poisoning deaths of Adele Ridless and Mort Victor. The couple is suspected to have succumbed to a build-up of carbon monoxide emanating from their Mercedes with a keyless ignition, parked in an attached garage. The sheriff’s office declined comment pending the outcome of their investigation.

Toyota – whose clever keyless ignition system has been implicated in at least two other carbon monoxide deaths – last month issued a Technical Service Bulletin noting that two “Smart Keys” from different vehicles in close proximity can knock the system for a loop. The February 24 notice covers some 2011 and 2012 Lexus models:

“Some 2011 and 2012 Lexus models may exhibit a condition where the Smart Key system is inoperative when another vehicle’s Smart key is in or near the vehicle. The following functions may also be affected: wireless remote operation, Smart access, and Smart start. The combination meter multi-information display may show the message: “Key not detected” when attempting to start vehicle and when driving.”

What are they talking about? NHTSA and the automakers have told us that the key in an electronic system is an invisible code inside the vehicle’s ignition module. So does that mean if you park next to another Toyota or some other manufacturer with an electronic ignition, your shiny new Lexus won’t start? Wow, that’s going to make parking in public lots a whole lot tougher. Continue reading

NHTSA: No Evidence Prius Unintended Acceleration Linked to Known Causes

The National Highway Traffic Safety Administration has acknowledged what it has emphatically denied so far: Not all instances of Toyota Unintended Acceleration are linked to sticky pedals, floor mats or driver error. The UAs in a 2003 Prius witnessed by ODI engineers last May were not linked to “known causes.”

True, the agency response (see second page of report) to reporters’ questions about the Unintended Acceleration events two Office of Defects Investigations engineers witnessed, videoed and captured data from was tortured. The most interesting admission was swaddled in a lot of hot air about how wonderful and competent the agency is at ferreting out problems and protecting consumers, but it was there:

“We sent two investigators to evaluate and inspect a vehicle based on a complaint we received (complaint number 10428551) and did not find any evidence linking the car to known causes of unintended acceleration cases,” [emphasis ours] the agency said in a statement. “NHTSA concluded that the speed of the vehicle could easily be controlled by the brakes. In contrast to other UA complaints, the vehicle displayed ample warning lights for the driver indicating the car had encountered problems.” Continue reading

Nine Recalls, Ten Investigations and Toyota Unintended Acceleration Continues

As part of our ongoing investigation into Unintended Acceleration in Toyota vehicles, Safety Research & Strategies has identified 330 UA complaints reported to the National Highway Traffic Safety Administration for incidents that occurred in 2011. These complaints range from consumers who experienced multiple instances of UA to events that resulted in a crash. Below, we’ve captured six of those stories in interviews with Toyota owners.

In addition, a separate review identified 247 unique UA incidents following repairs made to the vehicle in one or more of the Toyota recall remedies.

The 2011 NHTSA complaint data suggest that Toyota has not recalled all of the vehicles in need of a remedy. The post-recall UA incidents, reported to the agency between February 2010 and January 2012, further suggest that the remedies were ineffective.

What is most striking in reading the 2011 complaints is how little anything has changed. The most troubled vehicles – the Camry, the Tacoma and Lexus ES350 – continue to show up in the complaints. The scenarios vehicle owners report are the same:

* Low speed incidents, often described as occurring while parking or repositioning a vehicle, during which vehicles accelerate or surge very quickly while the driver is braking or lightly pressing on the accelerator pedal.

* High speed incidents, often described as occurring on highways, during which vehicle speed increases without increased driver pressure on the accelerator pedal, or highway speed that is maintained after the driver has removed his or her foot from the accelerator pedal.

* Incidents in which vehicles are described as hesitating, surging, or lurching. Consumers reporting this type of incident often indicate that their vehicles are not immediately responsive to pressure on the accelerator pedal; instead there is a delay between operator input and acceleration, followed by higher acceleration than intended, often described as a surge or lurch.

    As ever, the vast majority are low-speed/parking incidents, resulting in property damage. However, there continue to be high-speed, long duration events and cruise control-related events. Toyota dutifully inspects these vehicles and tells the owner that the car is “operating as designed.” Dealers continue to follow the floor mat/driver error script.

    One thing that appears to have changed: more Toyota owners, now educated about Toyota’s UA problems, have a strategy for dealing with an incident and also take note of the position of their feet. Many drivers specifically report braking at the time of the UA, and shifting the transmission into neutral to bring the vehicle under control. Here are their stories. Continue reading

    Safety Research & Strategies Takes DOT and NHTSA Transparency Battle to Court; Sues for Toyota Investigation Documents

    WASHINGTON, D.C. – Safety Research & Strategies, a Massachusetts safety research firm that advocates for consumers on safety matters, sued the National Highway Traffic Safety Administration today over the release of Toyota Unintended Acceleration investigation documents.

    The civil action, filed in U.S. District Court for the District of Columbia (Civil Action No. 11-2165), alleges that the U.S. Department of Transportation and NHTSA violated the Freedom of Information Act by withholding public records involving an unintended acceleration incident reported by a 2007 Lexus RX owner in Sarasota Florida, and requests the court to order their release.

    “One of President Obama’s first acts was to issue an Executive Order on transparency and open government, pledging a commitment to creating ‘an unprecedented level of openness in government,’” says SRS founder and President Sean E. Kane. “The DOT and NHTSA have pledged transparency but have consistently kept vital information from the public.  The agency’s numerous investigations into Toyota Unintended Acceleration have been characterized by continued secrecy, preventing a full accounting of their activities and the complete replication of their analyses by independent parties.  This lawsuit asks the court to compel the release of documents that are relevant to a significant safety recall.” Continue reading

    Tire Known Unknowns: Decoding the Date

    Human Factors researchers at the State University of North Carolina have recently concluded that consumers can’t read the date of manufacture obscured by the week and month configuration dictated by the Tire Identification Number (aka the DOT number).

    Researchers Jesseca Taylor and Michael Wogalter asked 83 test subjects to translate tire markings as represented by different date configurations, ranging from the conventional month/day/year (12/05/07) to the DOT code’s four-digit week-year (2205). Effect of Text Format on Determining Tires’ Date of Manufacture, accepted by Annual Proceedings of 55th Human Factors and Ergonomics Society, found that when consumers chose to translate the different four-digit representations into a month and year, they consistently failed to understand that the first two digits represented the week of manufacture.

    The DOT number, an alpha-numeric code found on the tire sidewall, has consistently confused consumers and tire professionals. The last four characters of the 11-character code contain the week and year the tire was made. For example, 0302 signifies that the tire was made during the third week of 2002. (Tires made prior to 2000 used a three-digit date configuration at the end of the DOT code.  In those cases, 039 signifies that the tire was manufactured during the third week of 1999 – or the 1989.)  No participant in Taylor and Wogalter’s study correctly identified examples such as 03/01 or 1102. They confused the first two digits with the month itself, for example, identifying “03” as March, instead of realizing that the third week of the year falls in January. Continue reading

    Taking the Burn Out of Seat Heaters

    Back in February, SRS wrote to the National Highway Traffic Safety Administration, the Alliance of Automobile Manufacturers and National Mobility Equipment Dealers about the problem of car seat heaters and drivers with lower body sensory deficits, such as paraplegics and diabetics (See It’s Time to Make Seat Heaters Safer). Many consumer heating devices that make direct contact with the body, such as electric blankets, are designed with maximum temperature limits, but not so in the auto industry. In the absence of any regulation or industry standard, vehicle manufacturers have implemented a variety of designs, some of which lack an automatic cut-off and reach maximum temperatures that can produce third-degree burns or both.

    For occupants who have limited or no sensations below the waist, these designs are dangerous. The medical literature has been documenting severe burns suffered by disabled drivers and passengers from car seat heaters since 2003, and nationally recognized burn care specialists joined our effort to engage adapters, regulators and manufacturers in averting these preventable injuries. Continue reading

    Keeping Automakers’ Sales Truly Safe: The Edmund’s Conference

    SRS was in attendance, Tuesday, as the cyber sales team at Edmund’s ushered in a “new chapter in the conversation between government, the auto industry, safety advocates, academics and consumers, marked by thoughtful, data-driven contributions from all.”

    It was written amid cocktails and at more sobering and highly-scripted venues inside the Newseum, the 250,000 square-foot monument to journalism in Washington DC.  If Edmund’s is going to author the new chapter on safety, consumers beware.

    In the conference brochure, Edmund’s CEO Jeremy Anwyl tells participants that the Toyota Unintended Acceleration crisis was the impetus for the meeting: “Edmunds.com watched as a shallow conversation made international headlines. We felt uneasy about the lack of real discussion taking place among smart people with the power to change laws, introduce technology and educate drivers.” Continue reading

    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: Continue reading