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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.”

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Government Officials Video Electronic Unintended Acceleration in Toyota: NHTSA Hides Information, SRS Sues Agency for Records

In mid-May, two engineers from the National Highway Traffic Safety Administration’s Office of Defects Investigation witnessed a 2003 Prius, owned by a high-ranking government official, accelerate on its own several times while on a test drive with the owner, without interference from the floor mat, without a stuck accelerator pedal or the driver’s foot on any pedal.

“They said: Did you see that?” the Prius owner recalled in a sworn statement.  “This vehicle is not safe, and this could be a real safety problem.”

They videotaped these incidents, excited that, at long last, they had caught a Toyota in the act of unintended acceleration, with a clear electronic cause. The engineers downloaded data from the vehicle during at least one incident when the engine raced uncommanded in the owner’s garage and admonished the owner to preserve his vehicle, untouched, for further research.

But three months later, the agency decided that there was no problem at all. The agency thanked the Prius owner for his time and said that it was not interested in studying his vehicle. This critical discovery was never made public. The agency did not even put this consumer complaint into its complaint database, until months later, at the request of Safety Research & Strategies.

Today, for the second time in as many months, SRS sued NHTSA for documents, alleging that NHTSA has improperly withheld material that has vital public interest.

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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.

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    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.

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    Keep Your Head in a Tornado

    Over more than three days in late April, the South, the Midwest and the Northeast saw the largest outbreak of tornadoes ever recorded in the U.S. – 359 tornadoes cut a swath of destruction, killing 362 people and causing billions of dollars in damage. Dubbed the “Super Outbreak of 2011,” the string of violent storms was its most destructive in Alabama. Despite its location south of Tornado Alley (the Great Plains states between the Rocky Mountains and the Appalachians), Alabama is a frequent host to tornadoes and experienced the largest loss of life last April. During the Super Outbreak, 247 Alabamians died, with 21 deaths in the state’s most populous county, Jefferson County.

    Researchers at the University of Alabama at Birmingham (UAB) have pinpointed head and neck injuries as the leading mechanism of tornado-involved deaths and they have identified a simple, low-cost solution: helmets. Dr. Russ Fine, founding director of the UAB Injury Control Research Center, says that any helmet designed to protect the head will work — a football helmet, a bicycle helmet, or a construction hard hat — to minimize the damage from high velocity impacts.

    “This is as obvious as the nose on one’s face,” Fine said. “It doesn’t require 50 studies and millions of research dollars. This is an effective, practical, sensible intervention that will save lives and reduce injuries.”

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    When Occupant Detection Sensors Don’t Make Sense?

    On December 17, 2011, Hyundai settled, for an undisclosed sum, in a crash that wouldn’t and shouldn’t have caused a fatality but for a defective occupant seat sensor – a problem that may be more common – across many manufacturers – and more potentially deadly than realized.

    On January 3, 2010, Donna Lynn Hopkins was a front-seat passenger in a 2008 Hyundai Accent, with her husband, Tom, at the wheel. As they approached an intersection on Highway 181 in Bexar County, Texas, another driver failed to yield the right of way. The Hyundai T-boned the other vehicle with sufficient force to deploy the airbags. But only the driver’s airbag inflated. The occupant seat sensor mat in the front passenger seat determined that, Donna Hopkins, a 165-pound woman, was actually a child, and turned off the airbag. Worse, Hyundai’s sensor strategy also turned off the seat belt pretensioner. Like some other manufacturers, Hyundai’s occupant sensor is designed so that the front passenger seat belt pretensioner fires only if the airbag is deployed. Mrs. Hopkins had none of the advanced safety features needed to adequately protect her in that crash, even though she was belted, and weighed 55 pounds more than the regulated cut-off for smart airbag deployment. Her husband, Tom, walked away from the crash; Donna Hopkins died.

    Attorney Stephen Van Gaasbeck, who represented the Hopkins family, says that his research revealed many airbag non-deployment complaints for the Accent and its model twins. In fact, in May 2008, then-Senator Elizabeth Dole (R-NC) wrote to NHTSA on behalf of a constituent who complained about his 2006 Kia Rio. Kia is a Hyundai owned company. In his letter to Dole, the Mint Hill, NC owner wrote:

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    A Funny Thing Happened on the Way to My Car…

    Has Paula Poundstone been reading our memos to NHTSA about the serious safety problems created by keyless ignition systems? This weekend, the comedienne broke into a spontaneous and funny rant about them during her weekly gig with the NPR news quiz show “Wait, Wait, Don’t Tell Me!” “You know what my car has that is […]

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    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.”

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    Slow Burn: Chevy Volt Fires

    That DOT Secretary Ray LaHood is always yakking about transparency – at his confirmation hearing, at budget hearings, about airline fees, and business flight plans. During the U.S. House of Representative’s Toyota Unintended Acceleration hearings in February 2010, when Congressman Ed Markey asked the Secretary of Transportation:

    “What do you think about the public in terms of them providing – being provided with more information regarding potential safety defects that automakers tell the department about even before an investigation is opened or a recall is announced?

    LaHood replied: “Need for transparency.  The more information we can give the public, the better.”

    Unless…..the defect is really bad, and the press will be on it like white on rice and it involves a major automaker, whose fortunes are tightly entwined with the government. Yes, we’re looking at you General Motors. (Or, as some would have it, Government Motors.)

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    The Dark Side of Lighters

    William B. Clemmer, a machinist from Stephenville, Texas was only 56 years old when he died. His last words, en route to a Dallas hospital, were: “My lighter exploded.”

    Clemmer died on May 6, 2008 of severe burns over more than half of his body, 26 days after his MK lighter failed to extinguish and burst into flames in his pocket. Clemmer was at work on a Thursday in April, when he lit a cigarette, and placed the MK lighter in his pocket. Seconds later, the MK lighter exploded, engulfing his torso in flames. Although he was severely burned, he managed to call his brother, Ricky, who hurried over and drove him to the nearest fire station.

    A quick-thinking employee, who later reported to work that day, snapped photos of the incident scene. He found the bay door to the machine shop wide open, signs of something burned and a lighter on the floor. Instinctively understanding that something was amiss, he captured the state of the workplace: charred remains of Clemmer’s clothing, the MK lighter, a single cigarette and a pack of Carnival cigarettes.

    Today, the Clemmer family, through their lawyer Craig Sico, called on the U.S. Consumer Product Safety Commission to seek a recall of MK lighters, manufactured by the Chinese firm Zhuoye Lighter Company Ltd. and sold by the millions in the U.S. The Clemmers also asked the CPSC to bring the U.S. in line with other industrialized nations and implement a mandatory lighter safety standard, similar to the voluntary industry standard, which is already required in Canada and the European Union.

    In 2006, the CPSC considered, but failed to take action on a request by the U.S. lighter industry trade group to make mandatory the voluntary standard American Society for Testing and Materials (ASTM) F400, first adopted in 1975.

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