NAS Report on Vehicle Electronics and UA: More Weak Tea

The National Academies of Science released today its long-awaited review of the National Highway Traffic Safety Administration’s Toyota Unintended Acceleration investigations, its regulatory policies and the agency’s next steps in dealing with electronic defects. The 16-member panel of volunteers, from a multitude of related disciplines, met 15 times over about 18 months, and were, at least, in attendance for presentations from 60 contributors.

The panel’s most significant critique was an acknowledgement that NHTSA is ill-equipped to deal with the new age of vehicle electronics:

“For NHTSA to engage in comprehensive regulatory oversight of manufacturer assurance plans and processes, as occurs in the aviation sector, would represent a fundamental change in the agency’s regulatory approach that would require substantial justification and resources (see Finding 4.6). The introduction of increasingly autonomous vehicles, as envisioned in some concepts of the electronics-intensive automobile, might one day cause the agency to consider taking a more hands-on regulatory approach with elements similar to those found in the aviation sector. At the moment, such a profound change in the way NHTSA regulates automotive safety does not appear to be a near-term prospect.”

Conclusions like these pepper the NAS report. Throughout The Safety Promise and Challenge of Automotive Electronics; Insights from Unintended Acceleration, the panel tries to have it both ways: to lay claim to a scientific process, without employing any actual science, to maintain that it was not second-guessing NHTSA’s investigations, but concluding that the agency was justified in closing them; to say that the Audi Sudden Unintended Acceleration controversy isn’t comparable to the Toyota debate because automotive technology has changed so drastically, and yet lean heavily on the 1989 NHTSA-commissioned report, An Examination of Sudden  Acceleration. 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

How Ford Concealed Evidence of Electronically-Caused UA and What it Means Today

Last month, we reported a Florida circuit judge’s extraordinary decision to set aside a civil jury verdict in favor of Ford Motor Company, based on evidence and testimony that Ford had concealed an electronic cause of unintended acceleration from the National Highway Traffic Safety Administration – and its own expert witnesses. Judge William T. Swigert’s 51-page decision in Stimpson v Ford also outlines how decades of the automaker’s dissembling to limit its liability in civil lawsuits helped to mire the thinking about root causes of unintended acceleration in the limited context of mechanical agency, even as the electronic sophistication – and the potential for defects and unanticipated interactions between systems – in vehicles grew.

That a large corporation would conceal a deadly problem to protect its interests is hardly news – although the systemic and exacting strategies Ford employed in this case are notable. What makes this story important is how Ford also re-wrote the history on this issue and helped to shape the agency’s thinking about an ongoing problem for decades hence. We have only the public record regarding Toyota UA at our disposal – and precious little of that has actually been made public – so we can’t know how Toyota has assessed its own UA problem; if and what parallels in corporate misdirection might be drawn between Ford and Toyota. But one can see how Ford’s actions back in the 1980s still resonate with the agency today and how it has kept NHTSA from advancing its knowledge in electronic causes of UA that are not already detected by the vehicle diagnostics.

The Emergence of a Defect in the Age of Audi SUA

As recounted in the Judge Swigert’s order, the history of Ford and unintended acceleration goes back to 1973, when Ford’s cruise control was under development. Ford Engineer William Follmer “warned about the risk posed by electromagnetic interference, and cautioned that ‘to avoid disaster’ it was imperative to incorporate failsafe protection against EMI in the system’s design.” In 1976, two Ford engineers obtained a patent describing a design for the cruise control system’s printed circuit board to reduce the risk of a sudden acceleration posed by EMI. Continue reading

Independent Scientists Find More Trouble in Toyotas

A new technical paper from the research scientists at the University of Maryland’s Center for Advanced Life Cycle Engineering (CALCE) buttresses the findings of the National Highway Traffic Safety Administration and NASA’s Engineering Safety Center investigation into Toyota unintended acceleration: Toyota vehicles with potentiometer type accelerator pedal position sensors have a propensity to grow tin whiskers that can and do cause shorts in a highly sensitive engine management area.

Researchers Bhanu Sood, Michael Osterman and Michael Pecht studied a pedal assemblies performed a physical analysis of an engine control system from a 2005 Camry XLE, V-6 and an accelerator pedal assembly from a defunct 2002 Camry. The 2005 engine control system included the ECM, an accelerator pedal unit, throttle body, electrical connectors and electrical connecting cables. Continue reading

NHTSA Keeps Toyota’s Secrets, Part II

Among safety advocates’ most vociferous criticisms of NHTSA and NASA’s investigation into Toyota Unintended Acceleration were the copious black smears over key bits of data and text in their twin reports released last February. These redactions have kept independent scientists from knowing exactly what the investigators did, irrespective of assessing the quality of the research.  (See: How NHTSA and NASA Gamed the Toyota Data)

Alice and Randy Whitfield of Quality Control Systems Corporation, ever the assiduous students of NHTSA’s statistical and informational folkways, went for broke. Shortly after the reports were released, they filed a Freedom of Information Act request for non-redacted versions of the reports and supporting material that was missing from the record. In response, NHTSA publicly released some of the information in the form of less redacted versions of Technical Assessment of Toyota Electronic Throttle Control (ETC) Systems and Technical Support to the National Highway Traffic Safety Administration on the Reported Toyota Motor Corporation Unintended Acceleration Investigation, but continued to withhold other information. Continue reading

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. Continue reading

How NHTSA and NASA Gamed the Toyota Data

Alice and Randy Whitfield of Quality Control Systems Corp. have released a new analysis for Safety Research & Strategies that examines the statistical underpinnings of the NHTSA and NASA reports on Toyota Unintended Acceleration which shows that the agencies based their conclusions about the possibility of an electronic cause on a series of unsupportable suppositions, miscoded data and secret warranty data reported by Toyota’s litigation defense experts, Exponent. Continue reading

Hindsight’s Still 20-20: The Toyota Quality Report

We here at the Safety Record Blog are getting caught up on our blogging after a hectic  before-the-holiday-weekend week attending Edmund.com’s Let’s Blame it on the Drivers conference and releasing our response to the NHTSA and NESC report on Toyota. If you haven’t had a chance to read this special edition of The Safety Record, you can catch it here.

And son of a gun if Toyota didn’t release its long awaited quality report on the same day! (A little awkward, we know.) This panel of Very Serious People outside of the company was charged with the task of evaluating just what went wrong:

“The Charter directs the Panel to conduct a thorough and independent review of the soundness of these processes and provide its assessment to Toyota’s senior management.” 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

NHTSA-NASA Reports Show That Toyota Electronics are Deficient – Can Lead to Unintended Acceleration: Toyota’s Involvement Exposed in New Documents

REHOBOTH, MASS – The Safety Record, Safety Research & Strategies’ watchdog publication, published its new findings on the National Highway Traffic Safety Administration (NHTSA) and the NASA Engineering and Safety Center (NESC) reports on Toyota Unintended Acceleration.  Following extensive review of those reports and previously unavailable documents recently released by NHTSA and interviews with numerous scientists and experts, the authors found that:

  • – NASA identified numerous failures in Toyota electronics that could lead to unwanted acceleration.
  • – The report was heavily influenced by Toyota and its experts, including Exponent.
  • – The reports were narrowly construed examinations of limited vehicles and components.
  • – Much of the reports remain shrouded in secrecy. Continue reading