Aftermarket Car “Bling” Continues to Inflict Harm

On November 13, 2024, the driver of a 2020 Honda Accord traveling on a South Carolina road at about 32 mph collided with a Kia Optima sedan. The impact was sufficient to trigger deployment of the driver’s airbag and knee airbag. When the frontal airbag deployed, so did the decorative rhinestone “bling” pieces that she had affixed around the Honda “H” logo in the center of her steering wheel 18 months earlier. The force of the deploying airbag turned the adhesive-backed metal decal car jewelry into projectiles, one of which lodged in her eye. Her injuries were severe enough that it could not be saved.  

A similar incident in 2025 sent the components of the steering wheel crystal emblem placed on a 2023 Hyundai Santa Fe through the driver’s eye, causing loss of her eye and brain damage. Since 2021, at least a dozen such incidents have been documented in civil litigation, medical journals, news stories, and complaints to the National Highway Traffic Safety Administration’s (NHTSA) consumer complaints database. In all but one account, relatively minor collisions from which the driver might have walked away with cuts and bruises, resulted in  rhinestone projectiles causing penetrating trauma to the driver’s arms, eyes, face, neck, and chest. These serious injuries required surgeries and resulted in lingering pain. In some cases, drivers suffered, permanent disability and disfigurement. Six victims have lost sight in one eye or lost the eye altogether. 

Attorney Ronnie Crosby of the South Carolina-based firm, The Parker Law Group, who represents the victim in the first incident, recently identified another bling decal as the source of an eye injury in separate crash involving a Honda.

Crosby’s expert testing of a rhinestone accessory affixed over a Honda steering wheel airbag cover during a deployment shows how a small decorative applique is turned into a bullet-like projectile.

“It goes up and back directly toward where you would think somebody’s face would be. And it’s pretty powerful – it looks just like shrapnel,” he says. “They’re putting a product in the marketplace that has zero utility and the risk of great bodily harm. And it’s not just a risk, it’s almost an absolute: if the airbag deploys, that the decal is going to come off and be projected toward the face of the vehicle occupant.”

Despite warnings from NHTSA on its website and to marketplaces to forgo or remove them, these bling decals are still widely available for purchase, and they continue to cause serious harm in minor crashes.

“The fact that I have two in South Carolina tells me that there are a lot more cases out there, and a lot more cars with these bling decals on them that are just one wreck away from a serious injury,” Crosby says.

A quick search for “car bling” will pull up hundreds of opportunities to buy sparkly accessories for vehicle interiors and exteriors, from steering wheel rim covers, to trunk logo and Start/Stop button covers, to neck pillows, to visor tissue holders. These products, available through Amazon, eBay, Etsy, TikTok, Instagram, Alibaba and other smaller online retailers, typically place plastic pieces, crystals or rhinestones in a pavé metal setting – a jewelry technique that sets numerous stones closely together to create a dazzling surface. These products, particularly those designed to fill in the spaces within the steering wheel logo, represent an especially acute risk in an airbag deployment because they adhere to the airbag cover. In addition to projectile injuries from bling products that are placed on airbag covers, similar accessories that are added to other areas in a vehicle interior can present a harmful contact surface for occupants who may interact with them in a crash.

In November 2023, NHTSA issued its first Consumer Alert warning consumers not to buy or use steering wheel decorative emblem decals placed in the center of steering wheels, citing an injury incident. Its advisory noted:

The product is a metal or plastic plate, usually covered with rhinestones or other shiny decorations, with an adhesive back that covers the vehicle’s logo in the center of the steering wheel. In a crash, the force of a deploying air bag can turn the product into a projectile, resulting in serious injury or death. Unlike the permanently affixed logo on your vehicle’s steering wheel, these aftermarket decals can easily become dislodged when the air bag is deployed. Any alterations or changes to your air bag or its cover can also cause it to not function correctly.

The alert was covered in print and broadcast news media at the time but did not appear to have resulted in much response from retailers, let alone consumers. In May 2024, NHTSA issued a second Consumer Alert, citing another incident in which pieces of the emblem were embedded in the driver’s face and neck. The agency also sent letters to major online retailers like Amazon, eBay and Alibaba, alerting them to the dangers of bling logo decals, with links to NHTSA’s two advisories.

According to the safety agency, the email noted that NHTSA had found these items for sale on the particular online retailer’s/marketplace’s website and “encourage[d]” them to “do what they can to prevent these items from being sold on your website…NHTSA appreciates anything you can do to prevent the sale of these dangerous items.”

A NHTSA spokesman said that the agency “routinely meets with leading online retailers and marketplaces about dangerous automotive products.”

OEMs understand the hazard of objects placed in front of or over any airbag module, and for decades, owner’s manuals have included information or warnings about the potential for injury from sharp objects or interference with the proper function of the bag during a deployment. For example, the manual for a 2023 Hyundai Tucson says:

Never place any objects (such as dashboard cover, mobile phone holder, cup holder, perfume or stickers) over or near the airbag modules on the steering wheel, instrument panel, windshield glass, and the front passenger’s panel above the glove box. Such objects may cause harm if the vehicle is in a collision severe enough to cause the airbags to deploy.

The 2020 Honda Accord owner’s manual states:

Do not place hard or sharp objects between yourself and a front airbag.

Carrying hard or sharp objects on your lap, or driving with a pipe or other sharp object in your mouth, can result in injuries if your front airbag inflates.

 Do not attach or place objects on the front and front knee airbag covers.

Objects on the covers marked SRS AIRBAG could interfere with the proper operation of the airbags or be propelled inside the vehicle and hurt someone if the airbags inflate.

However, consumers are unlikely to equate these harmless looking, adhesive-backed, bling “decals” with the potential for severe injury, due to their size, which range from about a half-inch to two inches, and ubiquitous availability. 

According to John Morgan, founder of law firm Morgan & Morgan, which represents a bling decal victim in a Florida case, “Consumers think they are just buying a sparkly car accessory, without realizing that this decoration can become a missile pointing at their faces when their airbag deploys. We believe that sellers, especially online sellers like eBay, Alibaba, Amazon and others, should be doing more to prevent dangerous products like these bling emblems from being sold on their sites. These companies allegedly know everything about their customers – including how to reach those who have purchased these products. They have the ability and duty to warn customers about the dangers and to encourage buyers to remove them to prevent serious, life-threatening injuries,” he says. “Automakers should also be alerting their service departments to advise customers of the hazards that come with these products because it’s clear that the risk is dangerously underappreciated.”

Decals and emblems that dislodge due to inadequate securement when the steering wheel frontal impact airbag deploys, causing injuries to drivers, has been known to occur even on OEM products, leading some manufacturers to recall vehicles for this type of defect.

For example, in February 2023, Nissan initiated two recalls for Autoliv-supplied driver airbag modules and assemblies because of a defect that results in separation of the interior metal pieces that attach the “Nissan” emblem to the module casing. Nissan’s defect information report to NHTSA said the “resin emblem on the driver’s airbag module cover in affected vehicles may have reduced durability due to potential Tier 2 supplier production process variation” and the condition can cause the posts holding the emblem to crack over time and detach during a deployment. Nissan said: “A detached emblem and/or retainer component may become a projectile during an airbag deployment, increasing the risk of injury to vehicle occupants.” The company reported three previous injuries allegedly caused by detached emblems during an airbag deployment event and 117 reports of cracked or detached emblems not associated with a deployment. Post-recall, this defect was alleged to have caused one driver to lose an eye during an airbag deployment.

In March 2021, GM initiated a recall for certain 2017-2021 MY Chevrolet Camaro vehicles; GM noted that in some vehicles, the plastic “Camaro” branded emblem on the front-driver airbag cover may separate during a deployment, creating an increased risk of injury. GM said the defect was due to a manufacturing issue that led to improperly molded plastic material on the affected front-driver airbag modules. According to GM’s chronology, the problem surfaced during lot acceptance tests by TRW, the module supplier, which led it to open an investigation that identified the manufacturing problem. There were no known field claims or injuries, GM said. 

FCA (now Stellantis) initiated a July 2020 recall that included 925,200 Chrysler Town and Country, Dodge Grand Caravan, and Dodge Nitro vehicles because they may have a loose or detached driver airbag (DAB) emblem, and/or loose emblem retainers within the DAB module assembly. The company’s recall dealer service instructions and owner letters both stated: “A loose or detached emblem or emblem retainer can become a potential projectile during a crash with DAB deployment, which may result in occupant injury.” FCA reported that as of June 30, 2020, it identified 13 customer complaints, two legal matters and 14 injuries potentially relating to this issue.

At least some retailers have responded to NHTSA’s request. Amazon, a major seller of such products appears to have removed most of steering wheel bling emblem decals from its U.S. website listings. But a recent search located a Chinese seller offering steering wheel emblems for Toyota, Mercedes, Mazda, Hyundai and Audi vehicles.

 

In early June, The Safety Record purchased the Hyundai version from the seller through Amazon and received the delivery from China, which was routed through a New Jersey warehouse, then sent via the U.S. Postal Service. It arrived two weeks after the order was placed. The four metal parts, with an adhesive backing designed to stick to the steering wheel cover in the space around the stylized Hyundai logo are approximately a half inch long and weigh about 2 grams: 

Amazon did not respond to The Safety Record’s request for comment. But a subsequent Amazon search found that these items had been removed.

Despite its partial efforts to remove the products, Amazon does not list NHTSA’s May 2024 Alert on its Product Safety and Recalls page for customers who previously purchased these products and may still have them adhered to their center airbag covers or customers.

This page appears to be a more recent addition to the website that was likely prompted by the July 2021 civil complaint filed by the U.S. Consumer Product Safety Commission (CPSC) against Amazon for allegedly selling products that did not meet safety standards. Specifically, the CPSC alleged that the online retailer had taken insufficient steps to protect the public from children’s sleepwear that did not meet the flammability standard, carbon monoxide detectors that failed to detect CO, and hairdryers that did not have the required integral immersion protection components. Amazon disputed the allegations, but in July 2023, the CPSC issued an Initial Decision and Order on Remedies, which, among other things, required Amazon to make its “Products Safety and Recalls” page easily accessible. The current version of this page directs consumers to a section of the website listing recalls and safety alerts for products sold on Amazon. It also has a search function, where customers can use key words to find alerts or recalls going back to 2024. Amazon notes that the list is not “exhaustive” and “only includes alerts for products sold on Amazon.”

The Safety Record searched for the NHTSA alerts related to steering wheel emblems using different search terms and found no evidence of NHTSA’s May 2024 alert regarding steering wheel decals. In fact, most of the results were recalls associated with OEM components on vehicles, which were never sold on Amazon.

The online retailer has defended the sale of automotive bling decals on its website in civil litigation. In February 2024, Cecelia Martinez sued Amazon in relation to injuries she received from a bling decal she had purchased online. Martinez received the AEEIX rhinestone steering wheel logo in November 2020 and placed it on the steering wheel of her 2020 Honda Accord.  On October 15, 2023, Martinez was involved in a minor collision that caused the airbag to deploy, dislodging the decal. According to the complaint, “pieces were projected throughout the cabin of the vehicle like shrapnel from a grenade.” One piece became embedded in plaintiff’s eye, causing total blindness that will eventually result in removal of her eye.

In a pending motion for summary judgment, Amazon argued that the decal was not defective under the consumer expectation test, which bases such a claim on whether the “product failed to perform as safely as an ordinary consumer would expect when used in an intended or reasonably foreseeable manner.” To that end, Amazon hired defense expert firm Exponent. (For those unfamiliar with  Exponent’s work, The Safety Record encourages readers to get a copy of “Doubt is Their Product: How Industry’s Assault on Science Threatens Your Health” by David Michaels, former Assistant Secretary of Labor with OSHA, available on Amazon.) Exponent’s human factors expert report, authored by Dr. Joseph Sala, and attached to Amazon’s motion, describes a survey conducted among 387 California Bay Area drivers “to assess people’s knowledge, understanding, and expectations of vehicle airbags, car accessories intended to cover the center of the steering wheel, and the potential for dislodgement and/or injury associated with such products used in the event of airbag deployment.” According to the report, the survey found that:

  1. 95% of survey respondents appreciate that the driver’s airbag is located in the steering wheel.
  1. 82% of survey respondents appreciate that a steering wheel decal could dislodge when the airbag deploys.

 And, lastly when “participants were asked if the accessory placed over the steering wheel airbag disconnected (in part or whole), or stayed adhered to the wheel, in the event of an airbag deployment could cause injury”…  

  1. 93% of survey respondents appreciate that steering wheel accessories could cause injury in the event of an airbag deployment.

 The report further claims that Ms. Martinez, the plaintiff who lost her eye in a minor crash that resulted in an airbag deployment, wouldn’t have changed her purchase decision based on any warnings, and that her assertions that she did not know it was hazardous were not believable. Essentially, Amazon’s position was: She bought a product that carried an obvious risk, therefore it’s her problem. (Don’t buy the bling, if you can’t take the sting.)

Amazon can pay Exponent to produce a survey to defend itself in litigation showing that everybody knows these things are dangerous, but the continued availability of steering wheel bling decals and the injuries they cause suggest that lots of people don’t recognize that these innocuous, pretty little parts are a significant hazard.

The Safety Record suggests Amazon and its customers would benefit more if the company directed its resources to preventing hazardous products like these bling emblems from being listed on its site, improving surveillance of the products that are listed, and being more responsive to alerts from safety agencies like NHTSA, which pointed out the hazards several years ago, rather than blaming customers.

 

Heavy Truck Manufacturers Roll Out Rollaway Countermeasures

It’s been more than a quarter century since suppliers made electronic parking brakes available for passenger vehicles and light trucks. Like other mechatronic systems, EPBs provide benefits unavailable to mechanical designs, including the ability for OEMs to tailor automated applications, adjustments and releases for safety and convenience. EPB auto-apply not only prevents potential vehicle rollaway hazards when drivetrain components fail, it can be programed to automatically apply anytime a driver exits an unsecured vehicle. Now, EPBs in heavy commercial trucks are getting their turn. In 2025, no fewer than five major Class 8 truck brands – Daimler Truck’s Freightliner, PACCAR’s Kenworth and Peterbilt, and Volvo Group’s Volvo and Mack – have announced that their new models are equipped with optional or standard electronic park brakes designed to prevent rollaways. For MY 2024, PACCAR’s European DAF brand unveiled its EPB with smart brake control as standard on the New Generation XF XG XG+ models.

In heavy trucks, EPB switches replaces the standard yellow and red airbrake knob. A review of Daimler Truck/ Freightliner’s fifth generation Cascadia notes: Easily maneuvered toggle switches with LED indicators eliminate the cumbersome push-and-pull of the “ketchup and mustard” pneumatic controls inside the Cascadia cab. Gone too are the loud bang and hiss from setting and releasing the brakes. The electronic park brake system eliminates air lines behind the dash.

Bendix® Intellipark® Automatically sets and releases the parking brake for added safety.

And heavy truck EPBs are often integrated with other parking features. Bendix Commercial Vehicle Systems, which supplies its Intellipark® Electronic Parking Brake to Freightliner, Kenworth, and Peterbilt is equipped with “advanced safety features,” such as rollaway mitigation, Smart Unpark™ (an automatic release feature), and Auto Trailer Brake Release, according to a Bendix press release.

These features are supported by unique interlocks that verify the vehicle is ready to be parked or unparked through sensors that monitor door position, seat belt status, and vehicle movement.

Like those designed for passenger vehicles, heavy truck EPBs can be configured to activate under different conditions. For example, Volvo’s EPB activates if the driver doors open while the truck is in neutral.  Intellipark activates the EPB when the system determines “that the driver does not have control over the vehicle when it is unparked,” the driver door is open, the vehicle speed is low or zero, the accelerator pedal is not pressed, and the foot brake is not applied. Before auto-applying, a visual warning is displayed in the instrument cluster alerting the driver to engage the park brake. If the driver does not intervene, the EPB is automatically applied and the system will illuminate a visual telltale instructing the driver to pull the EBP switch to acknowledge that a rollaway mitigation event has occurred, the horn will honk and an audible alert will sound until the driver does so.

Rollaway prevention is a major selling point of heavy truck EPBs.

An October 2024 trade press story about Daimler Truck’s North America Freightliner Cascadia noted that: “Rollaway prevention is the goal of an all-new electronic park brake that automatically applies the parking brake when a driver leaves the seat or opens the door without setting the brake.”

In June 2025, Volvo Trucks announced that among the “suite of digital and mechanical safety systems” was a “new electronic parking brake, standard on all new VNL and VNR models. The next-generation parking brake engages automatically if the truck is put in neutral and the driver door is opened.”

A December 2025 Mack Trucks video “Using the Electronic Parking Brake on Your Mack® Pioneer” describes its safety benefits:

“When you’re driving a big truck like the Mac Pioneer, control is everything, especially when it comes to stopping and parking. That’s why the Pioneer is equipped with an electronic parking brake or EPB, designed to give you peace of mind every time you park your truck… But here’s where the electronic parking brake takes things further. The EPB will automatically engage when the vehicle is at a standstill and the ignition is turned off or the driver or passenger door is open.”

Marketing for commercial truck EPBs’ rollaway mitigation features, manufacturers specifically note that they were designed to prevent a safety hazard resulting from human error.

In a June 2025 Commercial Carrier Journal story Dan Zula, Bendix’s brake control product group director, describes how the introduction of  software allows the vehicle to support the driver by monitoring “whether or not the human has forgotten to do something.”

“Where we had safety-critical risks before – maybe the driver forgetting to release the spring brakes before pulling away, and they could have an incident where the wheels got packed because they drove through it, or they forgot to apply the park brake when exiting the vehicle – we now have software involved monitoring a bunch of inputs, a bunch of conditions on the vehicle, and setting the park brake or releasing the park brake on behalf of the driver as a safety mechanism for a higher level of safety,” he added.

Kenworth’s Dec. 2025 announcement that it was offering an optional Bendix® Intellipark® EPB system for its heavy- and medium-duty models said:

“The Electronic Parking Brake system brings a new level of redundancy, simplicity, and assurance to our customers,” said Kevin Haygood, Kenworth’s assistant general manager for sales and marketing. “With EPB, drivers can count on an added layer of protection that helps to mitigate rollaway incidents. While this technology is beneficial for any customer, it’s particularly useful in vocational, P&D, and other applications that require drivers to enter and exit the cab numerous times per day.”

Similarly, Lisa McKenzie, highway product marketing manager at Freightliner, mentions that the driver may forget to set the parking brake due to fatigue. “We also have rollaway mitigation, which is huge,” McKenzie said. “Now, if your driver had a long day and forgets to set the park brake, the truck is now going to set it for the driver using a seat occupancy sensor.”

EPBs with rollaway mitigation is standard on DAF XF XG XG+, Freightliner Cascadia, and Volvo VNL and VNR models and available as a factory-installed option on Peterbilt and Kenworth Class 8 and medium duty models. It is hard to say how quickly Class 8 truck buyers will add EPBs when optional. Bendix’s Intellipark was first available for order or retrofit in 2019, and at the time, Rebecca Carter, Bendix product manager for specialty valves, was quoted in a trade journal article that the company “was already receiving ‘overwhelming interest’ in the technology.”

Supplier TRW (now ZF) debuted EPBs with automated features for passenger vehicles in 2001, marketing them as the more economical choice for interior space and per-unit cost. At the same time, TRW emphasized that EPBs were configurable to include significant passive safety benefits via an auto-application when the vehicle transmission was in a non-Park gear and the driver opens the door to exit. Yet adoption of EPBs through the U.S. fleet was slow.

Even fewer manufacturers took advantage of the auto-apply option to mitigate rollaway anytime the driver attempted to exit an unsecured vehicle. More commonly auto-apply has been used in concert with functions such as Brake Hold, a convenience feature that allows the driver to remove their foot from the brake pedal while maintaining hydraulic brake pressure to keep the vehicle temporarily stationary, such as at a traffic light, or until the driver depresses the accelerator. Many OEMs designed their Brake Hold systems to automatically apply the EPB if the driver unlatched the seatbelt and opened the door while in Brake Hold – in recognition that the driver can lose awareness of the engine and transmission status when the vehicle is stationary, the engine is on, and the transmission is not in Park.

But few manufacturers have designed an automatic application of the EPB to prevent vehicle rollaway anytime the driver attempts to exit an unsecured vehicle. In calendar year 2013, Fiat Chrysler Automotive was the first automaker to implement a robust EPB-based automatic anti-rollway feature, Safehold. First installed on the MY 2014 Jeep Cherokee, Safehold automatically activates the EPB if the transmission is not in Park while the ignition switch is in Run and includes a manual deactivation feature. Similarly, the Bendix system activates the EPB when the vehicle is stationary, driver’s seatbelt unlatched, no inputs to the brake or accelerator, and driver’s door open.

Thirteen years after FCA implemented Safehold many passenger vehicle OEMs still use EPB auto-apply in discrete, narrowly defined scenarios that often don’t include driver exiting with the gear selector not in Park.

According to NHTSA’s latest estimates, in 2021, 210 non-occupants died and 1,435 were injured in rollaway incidents.

That EPBs with rollaway mitigation come standard in several Class 8 truck manufacturers’ models is a good sign that the commercial carrier industry recognizes that even professional drivers – tired or distracted – can make mistakes like any other driver, and that EPBs with automatic applications can prevent them from becoming costly and deadly.

 

 

 

 

Why NHTSA Matters

In the February issue of Traffic Injury Prevention, David C. Viano, its chief editor, published a doge’s dream: a road map to reroute the National Highway Traffic Safety Administration (NHTSA) back a quarter of a century into the past (Budget cuts at NHTSA: programs to cease and areas to cut). Cut the whole budget by 60 percent! Seventy-five percent of research budget must go! Two hundred and seventy-two staffers – off with their heads!

Viano’s judgements were swift, broad, and scornful. Among them:

  • NHTSA’s research agenda has been “ineffective” and has “poor aims and goals.”
  • The agency’s budget is “bloated.”
  • NHTSA’s NCAP testing “has manufacturers merely chasing ‘star ratings’ that have no practical safety benefit to the public.”
  • NHTSA “lacks self-critical analysis of its programs and practices. What analysis they do reaches self-serving conclusions that justify their programs.”

What a difference two years and a new administration makes. In 2023, Viano, a former GM research scientist turned engineering consultant, who publishes research and testifies on behalf of manufacturers in civil litigation, published a short editorial in Traffic Injury Prevention entitled “Government regulations have improved automotive safety.” In it, he lists many of the safety improvements wrought by government regulations: “Today, vehicles have crashworthy structures, advanced airbags, pretensioning seatbelts among other features improving crash protection. Today, vehicles are equipped with Electronic Stability Control (ESC), Automatic Emergency Braking (AEB), Anti-lock Braking Systems (ABS) among other features preventing crashes.”

But this current editorial, like some of Viano’s other research, is peppered with sloppy analyses and unsupported conclusions.

The set-up for his slash-and-burn recommendations is a comparison between road accident fatalities for 15 countries – many in the EU – from 2002 to 2021 relative to each countries’ fatalities in 1979. Without accounting for any other variables – cultural, regulatory, road and vehicle maintenance, vehicle age, driver behaviors – Viano lays the gap between the U.S.’s record and other developed countries solely at NHTSA’s feet.

Our first question is: Can Viano’s statistical foundation be relied upon?

In 2013, The Safety Record wrote about Viano’s testimony in Heco v. Johnson Controls, a case that involved a 2000 Dodge Neon driver’s seat back that collapsed during a rear impact and resulted in spinal cord injuries, rendering Dzemilia Heco, the belted 45-year-old driver, a quadriplegic. (read Situational Science ) Johnson Controls hired Viano to testify about seat safety in rear impacts. Viano claimed that the seat was not defective, based in part on statistical analyses he performed with his associate Chantal Parenteau, using a NHTSA database he uses for much of his work: the National Automotive Sampling System-Crashworthiness Data System (NASS-CDS). His arguments, along with other industry-funded experts, were based on a zero-sum game framework that claimed stiff seats compromised low-speed impact injury protection at the expense of the less frequent high-severity rear impacts – the same arguments used to delay NHTSA from moving forward with an updated seat strength standard.

The plaintiffs’ expert statistician, Norma Hubele, a professor emeritus of statistics at Arizona State University and co-author of a statistics textbook, asserted that Viano and Parenteau made numerous errors. She testified that they had used the wrong methodology; too-small sample sizes; incorrect standard error for computing their national estimates; risk rates and exposures; and used non-standard confidence intervals. At a hearing, Parenteau testified that “most” of the research she and Viano published in Traffic Injury Prevention was related to litigation. Chittenden County, Vermont, Superior Court Judge Geoffrey Crawford threw out most of Viano’s testimony.

We are inclined to do so here.

In his editorial, Viano notes that “other countries set 10-year targets, prioritized and implemented countermeasures in the infra-structure, driver behavior and vehicle technologies.” In fact, in January 2022, NHTSA published the National Roadway Safety Strategy, a layered approach to reducing traffic deaths and injuries by improving roadway design, encouraging responsible behavior and travel at safer speeds, expanding post-crash care to increase survivability and expanding the availability of advanced technologies that help to prevent crashes and minimize their impact, such as automatic emergency braking. 

From there, he attacks NHTSA’s entire research program as useless and makes one point about one example: research on the Test Device for Human Occupant Restraint (THOR) dummy and BrIC (brain injury) criterion. Viano states that the $2 million THOR dummy, with 250 channels of data – much of it unanalyzed – is much more expensive than the $300K Hybrid III dummy. Beyond that, he does not explain exactly what research NHTSA has done on the THOR, its use in FMVSS performance tests, what it offers in terms of verisimilitude over the Hybrid III, or what effect it has had on safety, manufacturers or suppliers.

Just take his word for it. It’s bad.

He attempts to compare the size of the Insurance Institute for Highway Safety (IIHS) research budget to that of NHTSA’s budget, claiming NHTSA’s budget “dwarfs” IIHS’s. He doesn’t make clear how he is arriving at what is presumably the NHTSA research budget figure, which is never actually named. It’s not even clear he is referring to NHTSA’s research budget, because he calls it “NHTSA’s budget.” He only gives the IIHS research budget figure and its percentage of some unstated or defined NHTSA budget figure.

Show your work.

Viano notes that “NHTSA has become the largest employer of doctoral level researchers in engineering, biomechanics and statistics related to automotive safety in the past 5 years. There has been an increase in funded programs at several Universities that has made NHTSA and its contractor network the dominant source of research and development (R&D) in automotive safety, surpassing the work at vehicle manufacturers and suppliers.” Nonetheless, NHTSA’s research budget should be cut by 75 percent because it is “ineffective” – by what measure?

NHTSA’s research programs produce significant safety information, which yields tangible reductions in motor vehicle deaths and injuries. For example, in July 2019, NHTSA published findings showing that, contrary to Viano’s arguments, weak seats lead to serious injuries, and there are effective countermeasures. The study, Front Seat Modeling in Rear Impact Crashes: Development of a Detailed Finite-Element Model for Seat Back Strength Requirements, using sled tests correlated to the FMVSS 301 rear impact barrier test, concluded that in rear impacts, a 40° seat back rotation should be considered a failure because of the injury-producing potential. The authors recommended that dynamic rotation of the seat back be limited to 35° to prevent injury to the seat occupant and occupants seated directly behind it. NHTSA commissioned the study, conducted by EDAG, Inc., to reexamine the feasibility of increasing seat back strength by using computer finite-element (FE) modelling. EDAG researchers used computer modelling to look at injury prevention measures to the seat back, the recliner, and the seat bottom that did not add significant weight or manufacturing costs. (You can read more about that study here: Is NHTSA Ready to Strengthen Seat Backs?)

Similarly, in 2019, IIHS published its findings on the relative performance of seat designs in high-severity rear impacts to assess whether a necessary trade-off existed in occupant injury protection in low-severity rear impacts. The study specifically addressed the industry argument that stiff seats compromised safety in more common low-speed crashes. In short, the organization found: “Better occupant-retention metrics in the high-severity test were not linked with increases in low-severity injury test metrics or real-world injury claim rates.” [Emphasis added] The IIHS study concluded the results of its study “suggest that modern seat designs are capable of maintaining a level of high-severity crash protection, as measured by seat back rotation and vertical pelvis displacement, without a necessary reduction in low-severity crash protection.”

NHTSA has also been at the forefront of Advanced Driver Assistance Systems research. Most recently, as a member of the Partnership for Analytics Research in Traffic Safety (PARTS), it participated in the technical publication A Study on Real-world Effectiveness of Model Year 2015–2023 Advanced Driver Assistance Systems. The paper, published in January, examined the real-world effectiveness of five ADAS features in passenger vehicles in reducing system-relevant crashes. PARTS was formed in 2018 as an independent, voluntary, data -haring partnership among 11 OEM automobile manufacturers and NHTSA; it is operated by the not-for-profit MITRE Corporation as an independent third party. This study “generated the most comprehensive dataset on ADAS system-relevant crashes to date. It covered 98 million vehicles from 168 models spanning model years 2015–2023 contributed by nine OEM partners that were involved in 21.2 million police-reported crashes across 16 states from 2016–2023. The study linked standardized vehicle and crash data, resulting in 7.7 million crash-involved vehicles, 2.1 million of which were relevant to the ADAS features studied. Compared to the previous effort, this study included data from three additional states, three new model years, and seventy-five more vehicle models, nearly tripling the amount of study data available. This expanded dataset enabled more detailed analyses of system attributes and crash characteristics.”

It found:

…a 49% reduction in front-to-rear crashes for vehicles equipped with AEB across all vehicle segments and model years. Further, the study measured a statistically significant improvement in the reduction of rear-end crashes, from 46% across model years 2015–2017 to 52% across model years 2021–2023, indicating that advancements in AEB over time have yielded tangible benefits. For every 1,000-pound decrease in vehicle weight, the study measured an approximate 4% reduction in front-to-rear crashes for vehicles equipped with AEB. Understanding this effect is crucial as vehicle weight increases on U.S. roads [5]. The study also measured a 9% reduction in single-vehicle frontal crashes with non-motorists for vehicles equipped with PAEB, marking the first time PARTS has quantified a statistically significant measure of PAEB effectiveness. Systems with active interventions (LDW + LKA and LDW + LKA + LCA) showed effectiveness in reducing single-vehicle road-departure crashes, although rates were low and varied with speed limit.

These insights could not have been gained without NHTSA leadership, direction, and sponsorship.

NHTSA research is the foundation of all rulemaking. No Federal Motor Vehicle Safety Standard – the minimum level of safety a vehicle must meet to be sold in the U.S. – can be promulgated, amended, updated or evaluated without robust study. Indeed, the ADAS study provides a strong basis for the establishment of the newly minted FMVSS 127 – Automatic Emergency Braking Systems for Light Vehicles. This new regulation requires all light passenger vehicles to be equipped with AEB systems capable of detecting lead vehicles and pedestrians by September 2029. In writing this rule, NHTSA noted that automakers’ 2016 voluntary commitment to equip vehicles with AEB systems and the addition of Forward Collision Warning and AEB into NCAP had led to about 65 percent of new vehicles meeting the lead vehicle test procedures. But, the agency said, the technology has matured, and we can do better:

However, the test speeds and performance specifications in NCAP and the voluntary commitment would not ensure that the systems perform in a way that will prevent or mitigate crashes resulting in serious injuries and fatalities. The vast majority of fatalities, injuries, and property damage crashes occur at speeds above 40 km/h (25 mph), which are above those covered by the voluntary commitment.

NCAP and, even more so, other voluntary measures are intended to supplement rather than substitute for the FMVSS, which remain NHTSA’s core way of ensuring that all motor vehicles are able to achieve an adequate level of safety performance.

At the same time, NHTSA-conducted, supported and contracted research provides a training ground for the next generation of safety engineers. The Crash Injury Research and Engineering Network (CIREN), which Viano wants to eliminate, has done great work in advancing our understanding of the injury issues associated with side air bags and passive seat belts, among many other features. These multidisciplinary teams of clinical and engineering personnel in academia, industry and government investigate injury causation in crashes by combining data collection with medical and engineering evidence. At the same time, they act as automotive safety workforce development projects.

If you want to read a much more detailed accounting of NHTSA’s impact on safety, check out Warren Hardy’s Driving Change: NHTSA’s Role in Advancing Road Safety. Hardy is the chief editor of the SAE International Journal of Transportation Safety and a professor of mechanical and aerospace engineering at Ohio State University who conducts trauma mitigation research related to injury tolerance and mechanism. He examines U.S. motor vehicle fatality rates over time, compares them to those of other countries, and discusses the agency’s leading global role in rulemaking and research and the challenges to continuing our progress. He concludes:

NHTSA and the work it supports is as important now as ever. A robust agency is needed to promote a safer future for us all. The highly skilled workforce that NHTSA has cultivated is vital to the successful execution of research projects and the use of the data these projects generate. Funding for the projects themselves is crucial to making advances in transportation safety. These projects provide data that are used by more than just the transportation safety community. The data pertain to sports injuries, unintentional and intentional injuries of all types, and warfighter protection. The students trained under the funding provided by NHTSA are the future of transportation safety and injury reduction in general. These students are a critical component of safety today and tomorrow.

Viano is certainly not alone in his criticisms of the agency. The DOT Office of the Inspector General, the General Accounting Office, and safety advocates, including Safety Research & Strategies, have taken NHTSA to task on a wide variety of issues. In 2017, Jerry Mashaw, Yale Law School, and his partner David Harfst, a senior research scholar there and retired partner of Covington & Burling, published an evaluation of NHTSA’s history as a rulemaking body in the Yale Journal of Regulation. (Mashaw and Harfst are also authors of the 1990 book, “The Struggle for Auto Safety.”) The pair have been studying the agency since the late 1980s and have documented the agency’s evolution under pressure from legal and political forces from a strong rulemaking body to industry collaborators to survive. They concluded that since 2000, NHTSA’s rulemaking efforts have not focused on requirements for new technologies, but rather “largely required diffusion of technologies already in widespread use – technologies that may well have reached near universal deployment in the absence of the agency’s efforts…Industry had little reason to contest rules requiring technologies it was already implementing, and courts were unlikely to invalidate such measures in any event.” They further stated:

Meanwhile, innovation is advancing at a torrid pace, as the automotive, advanced electronics, and software sectors converge. These changes in NHTSA’s operational context have reinforced the agency’s rulemaking reticence and promoted a preference for statements of ‘policy,’ that the agency asserts are non-binding yet potentially enforceable by means of recalls.

There’s a consensus that NHTSA has ample room for improvement.

But safety advocates and other researchers disagree that the solution to NHTSA’s ills is to defund it.

The THOR dummy, which Viano dismisses as a government boondoggle, is indeed expensive and imperfect, but it has been providing a positive contribution to auto safety. Currently being evaluated by NHTSA and the EuroNCAP for certified use in frontal impact tests, THOR represents 11 years of research. In 2023, NHTSA published a Notice of Proposed Rulemaking to include the THOR 50th percentile adult male for use in frontal crash tests and plans to issue a separate NPRM to amend FMVSS 208 – Occupant crash protection, to specify the THOR–50M as an optional alternative for use in 208 frontal crash compliance tests. It is expensive, but it also offers improved biofidelity for women, better sensing for male and female physiology, and improved restraint interaction. There are issues with the validity of chest loading and rib fracture prediction, and they are still improving restraint interaction with the chest and pelvis, but overall, it provides a much more realistic biomechanical picture than the Hybrid III. Should we simply discard it, terminate the rulemaking, and waste our investment in building an anthropomorphic test device that better evaluates female injuries and human physiology? These are the complexities Viano simply ignores.

While we’re sure that this – whatever this is – will appeal to the idealogues currently driving their buzzsaws through the federal government with abandon, it should not be taken seriously by anyone who has an interest in automotive safety.

As Hardy writes:

The United States should be leading the world in safety and safety standards. While no organization can claim perfection for itself or its processes, unwarranted contraction of NHTSA would be misguided. It would be contrary to the guiding principles observed by the safety community. It would fly in the face of ethical practice and due diligence, putting individuals at risk and increasing the overall cost to society.

The bottom line: We are safer with NHTSA than without it.

 

Kia’s Recall to Address Rollaways in Half a Million SUVs Highlights Several Significant Trends with the Addition of Auto-Applied EPBs.

In March 2024, Kia announced that it was recalling nearly a half a million 2020-2024 Telluride SUVs because the intermediate shaft and right front driveshaft may not be fully engaged. The company said that over time partial engagement of the shaft can damage the splines and allow the vehicle to roll with the transmission in Park – if the parking brake wasn’t engaged. Kia reported to NHTSA that it planned on notifying its dealers and vehicle owners in mid-May about the defect and that its dealers “will install updated Electronic Parking Brake (EPB) software to automatically engage the EPB to prevent unintended vehicle movement when the gear shifter is in the “P” (Park) position and the engine is turned off, or when the vehicle is stopped in any gear shifter position and the driver’s door opens.” In other words, Kia is preventing rollaway in the event of a mechanical defect, but the description of its countermeasure indicates that the company is also adding a driver exit strategy, which clearly addresses rollaway scenarios related to human factors, not just a mechanical failure. A “driver exit strategy” – the automatic application of the EPB and/or transmission shift-to-Park on vehicles with electronic shift selectors when the driver is about to exit an unsecured vehicle is an important and still underutilized safety feature. This is a BIG DEAL. 

Two years ago, we blogged about how technology has made rollaways easier to occur and easier to prevent. (Technology has Made Rollaways Easier; Technology Can Prevent Them) But the number of automakers who have adopted a comprehensive approach to preventing rollaways are still surprisingly low, given the presence and apparent success of systems that auto-apply the EPB and/or shift-to-Park.

While the continued widespread absence of “driver exit strategies”  is notable, it is more so  when an OEM adds the safety feature post-market, especially   when it’s done under the auspices of remedying a mechanical failure, like the defect Kia described.

Kia’s recall highlights several significant trends and it intersects with a longstanding safety hazard– rollaway – that continues to cause deaths and injuries that are easily preventable in a modern vehicle. These interconnected trends include:

  • Defects remedied with software fixes. While it’s no surprise that today’s software-defined vehicles are getting more software defect remedies, these countermeasures are also being applied to fix potential hardware

  • Human factors or Human Machine Interface (HMI) related defects require countermeasures as much as broken parts. While human factors are still commonly blamed on the driver, designs that allow, facilitate, or enhance the likelihood the driver can or will make an error that can cause harm, are just as relevant as fixing broken parts. Human error is a symptom of an inadequate design, not a cause.

  • Fixing symptoms without improving systems’ safety designs. Vehicles have become increasingly complex mechatronic amalgamations that operate based on interpretations of the driver’s inputs and the environment. With well more than 100 million lines of code processed by a network of 100-plus ECUs relying on data from an array of sensors, fixing symptoms is not enough to prevent recurring hazards. Automotive designs need consistent systems approaches.

Vehicle rollaways, like other vehicle-related crashes and incidents that largely occur on private property, still often go undocumented in many states and police jurisdictions. However, beginning in 2008 NHTSA was required by a provision in the 2005 Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU), to collect and maintain information about non-traffic crashes and incidents, which is done by the agency’s National Center for Statistics and Analysis (NCSA). Using a sampling system, NCSA applies statistical models to these data and publishes national estimates. In NCSA’s latest report from  April 2024, the agency published the 2021 data and a new five-year average, based on more complete figures for the previous four years. This analysis shows that rollaway deaths were on an upward trend from 84 in 2017 to 210 in 2024, a 150 percent rise over five years. There were 816 total rollaway deaths, representing a five-year average of 163 annual deaths, and 18 percent of the total non-traffic fatalities. Rollaways injured 1,428 in 2021. On average, there were 1,545 annual injuries from 2017-2021, representing 6 percent of the total of non-traffic crashes.

Kia’s recall is not the first time an automaker reprogramed vehicle software to remedy a potential vehicle rollaway:

  • In 2008 Chrysler recalled MY 2008-2009 Dodge Challenger vehicles equipped with automatic transmissions and “Keyless Go” option., because the company stated its vehicles failed to conform to the requirements of FMVSS 114 – a driver could depress the stop/start button and turn off the engine when the vehicle was not in park, take the fob and exit the vehicle. Chrysler’s remedy was to reflash the wireless ignition module so that the vehicle engine could not be turned off, unless the transmission was in the Park position.

  • In June 2016, Fiat Chrysler recalled 811,000 2012-2014 Chrysler 300 and Dodge Charger and 2014-2015 Jeep Grand Cherokee with its infamous electronic monostable gear shift selector claiming its vehicles “may not adequately warn the driver when driver’s door is opened and the vehicle is not in PARK, allowing them to exit the vehicle while the vehicle is still in gear.” Chrysler upgraded the software to add an Auto Park feature that automatically shifted the transmission into park if the driver failed to do so upon exiting the vehicle. FCA later added the same fix for vehicles with rotary shifter — the RAM 1500 Pickup, Dodge Durango, and Chrysler 300 vehicles – via a Customer Satisfaction campaign. (Chrysler’s Shifty Shifters and the Wacky World of Defects)

  • In October 2016, Honda recalled 2016 model Civics because of a software defect that could prevent the application of the Electric Parking Brake if it is applied immediately after turning the ignition to Off. Honda reported that no rollaways occurred due to the defect and it provided dealers with updated software to reprogram the 350,083 vehicles affected to eliminate the potential for EPB inoperability.

  • In 2020, Kia recalled 3,714 MY 2015 and 2016 Soul EV vehicles for potential damage to the parking mechanism and allow the shifter to be put in the Park position, but the transmission is not actually in Park. The fix involved reprograming the Electronic Parking Brake logic so that it would automatically activate if the power button is turned off when the gear shift lever is in the Park position.

  • In March 2023, Ford re-flashed the EPB in civilian and police versions of the 2020-2022 Explorer with broken axle bolts to automatically apply when the driver places the transmission in Park.

 

 In the 2024 Telluride recall, Kia reported in to NHTSA that its North American entity began to identify customer complaints about the transmission failing to hold in Park, rollaways, grinding noises, vibrations or the inability to place the transmission in Drive or Reverse in April 2022. Kia claimed that during the course of its two-year investigation it found spline wear on shafts it had collected that were consistent with partial engagement, which it attributed to “suspected improper assembly by the supplier.”

Kia’s software fix applied to the entire population, even though it estimated that the problem affected only 1 percent of the vehicles. Further, Kia’s  May 2024 SC303 Safety Recall Campaign Technical Service Bulletin (TSB) to dealers, only provided instructions on the software update, not for  inspecting or repairing the intermediate shaft and right front driveshaft. The automaker did not release a TSB for the mechanical inspection and replacement until August. This repair was just for customers who complained of abnormal driveline noise on the right side while driving. Dealer techs were required to confirm that the vehicle had gotten the software update before proceeding.

Kia’s defect chronology does not shed light on why it chose to fix all the recalled vehicles with a more expansive automatic application specification for the EPB, but the 2020-2024 Tellurides, were already equipped with software that automatically applied the EPB, but under limited conditions: when the vehicle was in Auto Hold mode. Auto Hold is a convenience feature offered by most major automakers on models with EPBs that allows the driver to remove their foot from the brake pedal after bringing the vehicle to a stop and continues to hold the vehicle stationary by maintaining brake pressure for brief periods, such as at a traffic light, without the driver continuing to depress the brake pedal. The automatic brake hold releases once the accelerator is depressed to resume travel. Auto Hold is not usually a default or a retained mode; many models require the driver to depress the Auto Hold button at every key cycle. In most of these systems, the EPB is automatically applied if the vehicle is stationary in Auto Hold for more than a few minutes, or if the driver attempts to exit – signaled by unlatching the seat belt and opening the driver’s door – when the vehicle is stationary in Auto Hold mode when the shift selector is not in Park.

For example, the 2020 Kia Telluride Owner’s Manual says: “for your safety, the Auto Hold automatically switches to the EPB under the following conditions: The driver’s door is opened; the engine hood or liftgate is opened; the vehicle is at a standstill for 10 minutes; the vehicle is standing on a steep slope; or the vehicle moved for a few seconds.”

Kia’s recall states that it adds “updated Electronic Parking Brake (EPB) software to automatically engage the EPB to prevent unintended vehicle movement when the gear shifter is in the “P” (Park) position and the engine is turned off, or when the vehicle is stopped in any gear shifter position and the driver’s door opens.” [Emphasis added]

Thus, the software update uses the EPB to protect against potential rollaways due to mechanical or human failures – including anytime a driver is about to exit a vehicle that is not secured in Park.

The reasons why a driver may exit a vehicle without shifting to Park vary, but typically the vehicle is stationary, which can occur for a variety of reasons even when the engine is running and the transmission is in a drive gear. In addition, the lack of salient warnings alerting the driver of an impending hazard condition are the norm. Often, the audible alert is a chime indistinguishable from others associated with the door open or seatbelts unlatched, and the visual alert is a Shift-to-Park text message illuminated in the instrument cluster, out of the driver’s view as they exit.   

Suppliers have been marketing EPBs to automakers since the early 2000s – advertising them as weight, space and cost savers – and fully customizable. TRW, now ZF, was the first to introduce the EBP, which not only replaces the manual parking brake lever or foot pedal with a small switch, resulting in fewer mechanical parts and the ability to apply the necessary clamp load to hold vehicle in place – but that is now monitored and controlled via software located in a networked ECU. For nearly two decades, ZF and other suppliers featured the EPB’s potential as a passive safety feature that could be auto-applied in scenarios to prevent rollaways, including when the vehicle transmission is in a gear other than Park and the driver attempts to exit.

But the uptake for EPBs was initially slow, and outside of Auto Hold, OEMs didn’t specify auto-apply to protect against rollaway hazard conditions – whether the result of mechanical failure or human factors – instead continuing with largely ineffective warnings.

Today, the marketing report, Global Electric Parking Brake Market 2024-2030 in the US, by the Delaware-based Global Insights Inc., tallies 484 vehicle models on sale, and 26 out of the top 30 best-selling vehicles either get EPB as standard or at least as an option. Many of these same models offer Auto Hold or adaptive cruise control (ACC), another driver convenience feature which adjusts the following vehicle’s speed and distance to that of the vehicle in front. Many ACC systems are designed to automatically apply the EPB if the vehicle is at a standstill in that mode and the driver attempts to exit.

Outside of those two narrowly tailored scenarios, most automakers have eschewed realizing the EPB’s full potential in preventing rollaways. Some automatically set the EPB when the driver places the transmission in Park, or turns off the engine without selecting Park, or protect the exiting driver if the gear selector is in Drive or Reverse, but not Neutral. Few are designed to apply anytime the driver is about to exit an unsecured vehicle – regardless of engine or transmission status. The notable exception is Fiat Chrysler Automotive (FCA), which introduced the EPB-based rollaway prevention feature “SafeHold” starting with the 2014 Jeep Cherokee and its other models that don’t have electronic shift selectors. (Following its 2016 recall to add Auto-Park to Chrysler, Dodge and Jeep models, FCA has included the feature on virtually all of its models with e-shifters.)

Mostly, automakers (and NHTSA) have clung to the idea that the driver is solely responsible for placing the transmission in Park before exiting. Automakers continue to argue this in litigation  – even as they protect drivers who make an error in myriad ways, from battery savers to automatic emergency braking to lane departure systems. Yet, somehow in today’s highly distractable world and vehicles sporting new shifter and ignition interfaces with a dizzying array of automation and highly populated information displays, getting out of a stationary vehicle without putting the transmission in Park is a hanging offense. Instead, NHTSA and many manufacturers want to rely on ineffective warnings  –  and in some cases, no audible warning at all – if the engine is running and the transmission is not in Park – when the driver exits.

Kia’s recall remedy provides good information for NHTSA, which is currently at work on a Congressionally mandated report about rollaway countermeasures. In February 2019, Sens. Richard Blumenthal (D-CT) and Ed Markey (D-MA) sought to require the agency promulgate rules that would set a performance standard to prevent rollaway, via the Protecting Americans from the Risks of Keyless Ignition Technology (PARK IT) Act. The bill was eventually amended and folded into the Infrastructure Investment and Jobs Act, which was signed into law in November 2021. It required the agency to conduct an evaluation of technology to prevent keyless ignition vehicles from rolling away and present Congress with recommendations for further study or action within a year of its completion.  

Kia’s recall has shown that in vehicles with EPBs that weren’t initially designed with a driver exit strategy to protect the driver or a bystander from being injured or killed in a rollaway, it can be done in a (re)flash.

 

NHTSA’s (Not/Can’t Be) On It: Hyundai-Kia Vehicles With Substandard Theft Protection Continue to Wreak Havoc

S. Kane, E. Liberman, N. Black

The Hyundai Kia theft saga greeted the new year with a bang. Among other things: deaths in crashes involving stolen vehicles, an alleged kidnapping involving a theft attempt, a new municipal lawsuit, and another bright idea from Hyundai and Kia to protect vehicles which could not be fixed with a software upgrade – that will, no doubt be executed flawlessly. In other words, everything’s still totally bonkers. And yet, NHTSA, the nation’s esteemed regulator and enforcer of automotive safety, continues to observe from the sidelines.

In the first six weeks of 2024:

There have been at least seven deaths in crashes involving stolen Hyundai and Kia vehicles with teenage drivers at the wheel. According to a story in the Indianapolis Star, on Jan. 2, a teen driver slammed into another vehicle as he fled police in a stolen Kia Sedona. The driver of the other vehicle, 34-year-old Julio Cervantes Ramirez, died at the scene. Two days later, a stolen 2013 Hyundai Accent occupied by four teens crashed in Boston, killing a 14- and 15-year-old. Six days later, a third teen died from his injuries in that rollover crash. On January 14, another 14-year-old child died when the driver crashed a stolen Kia Sportage into a private residence; two other occupants were taken to the hospital. In mid-February, Michigan saw two more deaths in separate crashes involving stolen Kia vehicles.

A woman walking her dog on the streets of Northeast Washington D.C. had to scoop up her pet and take cover to avoid being hit by the driver of a stolen Hyundai Tucson barreling down the sidewalk. A couple in Columbus Ohio were charged with kidnapping after surprising a 13-year-old boy presumably trying to break into the woman’s Kia, allegedly forcing him at gunpoint into their apartment, and demanding cash from the boy’s family to fix the damaged ignition column. In a news report, Columbus City Attorney Zach Klein cautioned residents against administering their own rough justice, but expressed some sympathy for the defendants: “I do think it is evidence and a reflection of the frustration people have. They want to be able to maintain their livelihood and they know that may not happen if their car is stolen.’”

Newark, N.J. became the latest city to direct its ire at the manufacturers, suing Hyundai/Kia in U.S. District Court. Newark is trying to recoup more than $1 million the city spent in auto theft suppression overtime hours to address a car theft surge in the first ten months of 2023. The suit alleges that the amount is “more than the yearly auto theft suppression overtime costs of 2021 and 2022 combined.”  Like other municipalities, Newark saw a huge increase in auto thefts, with Hyundai and Kia models making up a disproportionate share of the vehicles reported stolen in the first 10 months of 2023. The lawsuit alleged a more than 1000 percent increase over 2022 theft reports, with nearly twenty percent of all of Newark’s registered Hyundais and Kias reported stolen in 2023, accounting for 58 percent of all vehicles stolen in Newark. 

The City of Austin joined the chorus of frustrated municipalities, passing a resolution urging NHTSA to compel a recall of Kia and Hyundai models without engine immobilizers. The basis for the resolution is auto theft figures showing that from November 2022 to November 2023 auto thefts increased by 63 percent; Hyundai and Kia vehicles accounted for more than a third of those thefts, even though fewer than 10 percent of vehicles registered in Austin are Hyundai or Kia vehicles. Said one councilman:

“Our hope is because we have multiple cities across multiple jurisdictions that our federal government will take notice and [the NHSTA] will see the importance of taking action to demand that Kia and Hyundai immediately recall their technology.”

One can dream. NHTSA is now, and has been, a rudderless agency, with blank spots on the organizational chart for Administrator and Chief Counsel. Increasingly, it’s hard to see how an overworked agency with no leadership at the top could take the sort of decisive action needed.

In a statement to KXAN in January, the Austin news station that sought a comment from the regulator, NHTSA assured the public that everything was under control:

This particular matter involves intentional criminal conduct under the purview of law enforcement authorities. However, since 2022, NHTSA has repeatedly met with Hyundai and Kia to discuss the causes contributing to the theft vulnerability, review the scope of differing software and hardware in the affected models, and receive regular updates on the companies’ action plans. NHTSA will continue to monitor this issue, spread awareness of further updates to local authorities, and lend its expertise in efforts to strengthen motor vehicle safety.

This statement ignores the entire history and intent of safety standard FMVSS 114 Theft Protection and Rollaway Prevention, which was promulgated in 1968 to address intentional criminal conduct under the purview of law enforcement authorities. NHTSA took up the issue because “casual” car thieves presented with easy targets were stealing vehicles and creating a safety hazard on public roadways.

Nonetheless, that’s more of a response from NHTSA than Safety Research & Strategies has gotten to its petition for rulemaking. Given NHTSA’s inability to enforce the requirements or address the intent of FMVSS 114 in the wake of the continuing waves of Hyundai/Kia thefts,   SRS made a formal request nine months ago that the agency amend the regulation. We noted that NHTSA has taken no compliance action at all claiming the theft protection safety standard was actually not enforceable as the problem continues to wreak havoc for owners, municipalities, law enforcement, and – in too many instances – causing carnage for pedestrians and other motorists who are being mowed over by kids fueled by exciting videos showing how they can play Grand Theft Auto in real life.

That’s because the federal anti-theft standard doesn’t mandate the use of engine immobilizers, instead, it gives automakers the choice to use effective technology – and the compliance test procedure for NHTSA’s contract labs doesn’t specify actions that include breaking or removing parts of the vehicle in an attempt to start it and gain forward mobility to determine compliance. Instead, the test procedure describes processes that simply specify removing the key (electronic or physical) from the vehicle, followed by an attempt to start the vehicle without it. But, NHTSA’s compliance procedure, which doesn’t lay out specific theft techniques for obvious reasons, does specifically state that the agency can authorize its contractors to depart from the procedures if they are consistent with the standard. The Purpose and Application section of NHTSA’s Laboratory Test Procedure for FMVSS 114 Theft Protection and Rollaway Prevention states:

The OVSC [Office of Vehicle Safety and Compliance] test procedures include requirements that are general in scope to provide flexibility for contracted laboratories to perform compliance testing and are not intended to limit or restrain a contractor from developing or utilizing any testing techniques or equipment which will assist in procuring the required compliance test data.

And

In addition, the laboratory test procedures may be modified by the OVSC at any time without notice, and the COTR [Contracting Officer’s Technical Representative] may direct or authorize contractors to deviate from these procedures, as long as the tests are performed in a manner consistent with the standard itself and within the scope of the contract.

Back to our Petition for Rulemaking: By regulation, NHTSA is supposed to notify the petitioner within 120 days of its decision to grant or deny the petition. But, other than an acknowledgement that NHTSA received the petition, we’ve heard nothing.

Meanwhile, Hyundai and Kia’s ad hoc service campaigns continue, as do reports from owners that even after Hyundai and Kia software upgrades were done, their vehicles are still easy to steal quickly with little technical skill or special tools. The situation is unique to the U.S. It is not occurring in Canada or Europe, where immobilizers have been required since 2007 and 1998 respectively. So, elsewhere, the Korean automaker is fitting the same model vehicles with anti-theft engine immobilizers. But in the U.S., where its peers have long equipped their fleets with these effective features voluntarily, Hyundai-Kia decided it wasn’t necessary, because it could install any anti-theft measures it wanted. In America, Hyundai-Kia is an outlier – by choice – but wants its bad decisions to be viewed as if it’s all about everyone else’s actions.

In Omaha, a 2019 Hyundai Tucson was stolen the same way they are all stolen with a busted back window and a USB cord, despite receiving the software upgrade in August. According to a news report:

Chuck [Peters] purchased the Hyundai for his daughter and took it in after the August recall to install anti-theft software. The decals on the windows telling the world a starter inhibitor has been installed, the anti-theft technology would stop any attempt to steal the vehicle — but the car was stolen. The thieves left behind broken parts and an empty parking space. Police recovered the car, but when Chuck went to get some information from his daughter’s vehicle, he forgot to take the keys.

“What was really troubling for me was when we got the vehicle back, I had to go to the body shop to get some information for our insurance company. I was able to start the vehicle using the USB cable method as well, and that’s exactly what that update is supposed to fix,” he said.

In Louisville, 84-year-old Bobbie Sanders reported that her 2020 Kia Rio was stolen twice – once out the Kroger’s parking lot as she shopped, and a second time, just recently, out of her driveway. Each theft occurred after she took Rio to the dealer for a software upgrade in May and a second upgrade in October.

“We’ve done two upgrades with Kia and my mom still doesn’t have a car,” [her daughter Elizabeth] Madden said. “My mom’s out of all the monthly payments that she’s paid, the insurance that she’s paid, as well as the $1,000 loan she’s paying on that she had to pay to get her car out.”

In Milwaukee, Trisha Nguyen’s 2014 Kia Optima has been stolen three times – at least once after she had the software re-flash.

“I was initially told that the car could only start with a key ignition but that’s not the case because they broke the steering column again, and started it with a USB cord.” said Nguyen.  

In October, TMJ4 News spoke with a project manager for Kia’s Anti-Theft Program who explained how the upgrade is supposed to work.

‘This software update makes it so even if they try to plug that USB port and it’s not going to disable the ignition immobilizer, it’s going to keep that intact and it is going to sound the factory alarm,’ said Emily Falecki, Project Manager with Kia’s Anti-Theft Program.

On Friday, Falecki told TMJ4’s Ryan Jenkins by phone that part of this upgrade requires Kia owners to lock their cars with a key fob. If the vehicle isn’t locked with the key fob, the upgrade doesn’t work.”

And now, Hyundai and Kia have announced a new fix for vehicles that were ineligible for the software update: the installation of an “ignition cylinder protector with a locking bracket.” In a December 15 news release, Hyundai stated that protectors had been “independently tested and verified by a leading engineering and scientific consulting firm. It reinforces the ignition cylinder body and prevents its removal through the method of theft promoted across social media.” Kia followed with a similar announcement on December 29.

The repair procedure involves the installation of a metal shield that’s installed under the plastic steering column cover that’s easily broken and allows access to the ignition cylinder. To install the shield, the plastic steering cover is removed, then the key portion of the ignition cylinder is removed (along with the illuminated key ring if equipped). The ignition cylinder is then reinstalled after it’s coated with epoxy that permanently bonds it into the ignition assembly, and a metal protective shield is inserted over the ignition cylinder with more epoxy and further secured into place with screws that have break-away heads. Once this is complete, anti-theft decals are added to the vehicle side windows. (Vehicles with illuminated key rings will no longer have that lighting function restored.)

The Kia service procedure generally mirrors the Hyundai procedure described, but Kia specifies a different brand of epoxy (Loctite versus J-B Weld). And Kia requires the driver to sign a waiver noting that if the customer vehicle has a key illumination ring, it will be permanently removed, any future replacement of the ignition switch will require complete replacement of the ignition cylinder assembly, and that reinstallation of a new theft deterrent ignition cylinder protector that is compliant with the service program “will be at no cost to you.” The language “any reinstallation of a new Theft Deterrent Ignition Cylinder Protector will be at no cost to you” appears to indicate that in the event of a second installation there will be no cost to Kia America, because the rest of the waiver addresses the signer, (i.e., the customer) as “I.”

The repair process requires technicians to use epoxies that are extremely sticky and can be quite difficult to contain when the parts are put together, potentially causing excess epoxy to contaminate the electrical and mechanical components – an issue acknowledged by Hyundai and Kia in their technical bulletins. And all of this is happening when technicians are working under time constraints of labor allotments ranging from 15 to 40 minutes for the job, depending on the model.  

The completely permanent bonding and securement of the ignition component parts will require entire ignition switch assembly replacement in the future if the lock cylinder or other related components are damaged – either from theft, attempted theft, or other failures, including wear.

Hyundai plans to install the device in 646,000 vehicles, including the 2011-2017 Accent; 2013-2014 Elantra Coupe; and the 2011-2012 Elantra Touring, Genesis Coupe, Santa Fe and Veracruz vehicles. Kia’s service campaign included Soul, Rio, Forte, Sedona, and Sportage models from various production date ranges, so it is hard to tell exactly which model years are affected.

Hyundai’s press release indicated that starting on Dec. 20, it planned to reach out to owners about the new anti-theft service campaign via mail, email, phone, social media outreach, search engine marketing and display marketing. Both automakers directed owners to use VIN look-up tools at their dedicated websites to receive instructions on how to get the repair. We tested VINs for eligible Hyundai models this week, and Hyundai’s anti-theft customer page still provides no information. (But a call to Hyundai’s customer service with specific VINs verifies eligibility for the shield.) 

Across the country, large cities are posting high triple-digit increases in their theft rates, with thefts of inadequately protected Hyundai-Kia vehicles taking up a disproportionate share. For example, in August, Chicago sued Hyundai-Kia, alleging: “In 2022, more than 8,800 Kia and Hyundai vehicles were stolen in Chicago alone. This figure represented 41% of Chicago’s car thefts, even though Kia and Hyundai vehicles made up just 7% of the vehicles. Unfortunately, that trend has continued into 2023 and does not appear to be slowing.”

In December, the Highway Loss Data Institute (HLDI), which tracks insurance claims, released its third analysis in two years regarding theft claims of Hyundai-Kia vehicles without immobilizers. It showed a 1000-percent increase in such claims from the first half of 2020 to the first half of 2023. And the rise was far above its peers: in the first half of 2020, Hyundai Kia vehicles, like those of other manufacturers, were reported stolen at a rate of 1 per 1,000. In the first half of 2023, Hyundai-Kia theft reports had skyrocketed to 11.2 per 1,000, while the rate for other vehicles remained flat.

Uncaptured by theft figures are what seem to be significant numbers of crashes, deaths, and injuries involving stolen Hyundais and Kias. While no official entity appears to be gathering this data, these incidents crop up in the news on an alarmingly regular basis.

But, don’t worry folks, NHTSA is totally on it.

The Hyundai Kia Theft Mayhem Continues; SRS Keeps NHTSA Apprised

On April 27, Safety Research & Strategies petitioned the National Highway Traffic Safety Administration for rulemaking to revise the compliance test for FMVSS 114, Theft Protection and Rollaway Prevention. The request was prompted by the rising crashes, deaths and injuries linked to Hyundai/Kia vehicles with inadequate theft protection, and by NHTSA’s reluctance to take any enforcement action.

The tsunami of thefts began in 2021, when car thieves in Milwaukee learned to take advantage of a vulnerability in MY 2010-2021 Hyundai and Kia vehicles with traditional metal keys. The numbers began to jump that July when a video posted to TikTok demonstrated how to exploit the lack of meaningful theft-prevention features in Hyundai/Kia vehicles by evading the rudimentary burglar alarm, removing the plastic steering column shroud to access the ignition cylinder and with household items and no technical skill, start the engine and drive off. The how-to video quickly went viral, with mainly teenaged thieves posting their exploits under the hashtag “Kia Boys.”

At the time, The Safety Record provided its readers with the regulatory history of FMVSS 114, from the standard’s origins and intent to the changes that were meant to address the evolution of automotive technology, but have rendered the standard so ineffective, that it no longer acts as a safeguard against theft or rollaway.  

Today, SRS amended its petition with updated crash and harm numbers, to stress the importance of revising the current compliance test from one that is nearly impossible to fail, to one that reasonably assesses whether the system in place deters casual thieves. The data also support the need for an effective recall, not simply a “customer satisfaction” campaign, because it’s increasingly clear these vehicles contain a defect that represents an unreasonable risk to motor vehicle safety.      

Citing the limitations of FMVSS 114, NHTSA has continued to resist calls from state and municipal government officials to force Hyundai and Kia to recall nearly 9 million 2011 to 2022 models with inadequate theft prevention features for failing to comply with the standard.

(Korean-based manufacturers Kia Corp. and Hyundai Motor Corp. are affiliates of Hyundai Motor Group. Both companies are involved in the joint design and development of vehicles sold globally under their respective brands. Hyundai Motor Co. owns 33.88 percent of Kia Corp., making it the largest investor in the company.)  

Hyundai and Kia have instead issued customer satisfaction campaigns that include updated software for some affected models and aftermarket steering wheel locks for others, in attempt to quell the theft epidemic that’s largely been driven by kids. The new software updates the theft alarm logic to extend the alarm sound from 30 seconds to one minute, and requires the key to be in the ignition switch to turn the vehicle on. With the new software, locking the doors with the key fob sets the factory alarm and activates an “ignition kill” feature which customers have to use the key fob to unlock their vehicles to deactivate. Hyundai/Kia also offered window stickers announcing the presence of anti-theft software. Owners of vehicles ineligible for the software fix got a reimbursement for a steering wheel lock.

Previously, in vehicles equipped with a burglar alarm, the system would only prevent an engine start if the burglar alarm was activated – a major design oversight. These updates disallow an engine start when bypassing the ignition lock cylinder, and rotating the ignition switch, but they only work when the burglar alarm is armed, meaning that the doors are locked using the key fob or the key in the driver’s door. However, if the alarm was never triggered (because entry was gained via the broken window – the way many of these thieves have operated), the vehicle could still be started, and the ignition kill feature would not be activated, even though the alarm was still armed.

Perhaps this is a reason why those “fixes” have not done nearly enough to halt the utter chaos caused by the combination of a TikTok video, showing budding car thieves just how quick and easy is it to steal a Hyundai or a Kia, with a minute and a USB cable, and two automakers who eschewed immobilizers. According to the Highway Loss Data Institute, while 96 percent of automakers had immobilizers as standard equipment in MY 2015 vehicles, only 26 percent of Hyundai/Kias were so equipped.

During the last two years, the vulnerabilities of Hyundai/Kia vehicles without immobilizers have caused an astonishing number of thefts, crashes, injuries and deaths, along with other violent crimes – carjackings, homicides, and burglaries (ramming a car into a storefront to break in), to name a few, committed in a stolen Hyundai or Kia. Some of these incidents involve drivers who are too young to get a driver’s license. For example, in July 2022, two 14-year-olds in Columbus, Ohio died, and a third was injured, when they crashed a stolen Sonata into a warehouse, ejecting two occupants and trapping a third inside the vehicle. A year later in Orlando, Florida, a 15-year-old driver ran a red light at high speed, striking an SUV and killing a 23-year-old man. The stolen Santa Fe had five passengers: ages 16, 15, 14, and 13 years.

“Unfortunately, this incident – with a very young, inexperienced driver crashing a stolen Hyundai/Kia vehicle, causing deaths and injuries – has become all too common,” says Attorney Frank Melton of the Florida firm Newsome Melton, who is preparing to file a case in the Orlando incident. “The automaker has a responsibility to ensure that kids who have no technical training and aren’t even eligible for drivers licenses can’t breach the vehicle’s anti-theft features in less than two minutes – and NHTSA should use its statutory enforcement tools to hold automakers to that obligation. In the absence of either, accountability will move to the courts, as the damage continues.”

In May, a 12-year-old and 13-year-old in Hamden, Connecticut were arrested after crashing two different stolen vehicles.

The total number of crashes, injuries and deaths, is, as yet, unknown. No single entity appears to be officially tracking them; news reports are the current source. On February 14, when NHTSA announced the launch of the campaign, it linked these thefts to at least 14 reported crashes and eight fatalities. That was already an undercount. By then, the media had written about 42 crashes, 27 injuries, and 21 deaths, from June 2021, when a 16-year-old boy from Milwaukee in a stolen Kia Sportage died after a police chase and head-on crash with an SUV, which left five occupants seriously injured, to February 12, 2023, when three 13-year-old boys were arrested after allegedly stealing a Kia and crashing into another car, killing a 71-year-old man.

Since then, the news media reported another 90 such crashes, resulting in 23 more deaths (including a six-month-old boy, a four-year-old boy, and a 14-year-old driver), 99 injuries, some of which were said to be serious injuries, and one house fire. In addition, these thefts have caused structure damage and other vehicle damage, including seven police cruisers, a fire engine and a school bus, caused by, often youthful, drivers of stolen Hyundai/Kia vehicles. In total, using new stories as the sole source, from June 2021 through October 12, we identified 132 crashes, 44 deaths and 126 injuries. Again, this is likely an incomplete accounting.

The theft rates have been through the roof – in many cities disproportionately higher in the Hyundai/Kias that lack immobilizers than in any other competitors’ models. In April, California Attorney General Rob Bonta and 16 of his counterparts across the nation sent a letter to Acting NHTSA Administrator Anne Carlson asking NHTSA to compel a recall of MY 2011-2022 Hyundai and Kia vehicles without immobilizers. The letter stated:

For example, in Los Angeles, thefts of Hyundais and Kias increased by approximately 85% in 2022, and made up almost three quarters of the entire increase in stolen cars of any make and model in the city. 7 Hyundais and Kias also constituted approximately 20% of stolen cars in Los Angeles in 2022, up from 13% in 2021. Similarly, in Berkeley, California, thefts of these cars have made up 38% of vehicle thefts since the end of 2022. California cities’ data is consistent with data from other states. For instance, in Minneapolis and St. Paul, Minnesota, thefts of Hyundais and Kias increased 836% and 611%, respectively, in 2022. In Columbus, Ohio, Hyundais and Kias constituted nearly 45% of stolen cars in 2022, in Milwaukee, 58%, and in Minneapolis, 33%.

Data from a July civil complaint filed by the 17 cities in seven states against Hyundai/Kia in a California federal court, contains a city-by-city account of the precipitous and continuing rise of thefts, crashes, injuries, death and crimes associated with Hyundai/Kia thefts. For example, Madison Wisconsin reported that between 2021 and 2022, thefts of Kia vehicles rose by 124 percent; in the summer of 2022, thefts of Kia and Hyundai automobiles increased by 270 percent, accounting for more than half of the auto thefts there.

Atty. General Bonta noted that the Hyundai Kia vehicles with inadequate theft protection violated the requirements of FMVSS 114:

Specifically, FMVSS Number 114, S5.1 requires vehicles to have “a starting system which, whenever the key is removed from the starting system prevents: (a) [t]he normal activation of the vehicle’s engine or motor; and (b) [e]ither steering, or forward self-mobility, of the vehicle, or both.”

The rampant theft of Hyundai and Kia vehicles makes clear that these vehicles’ starting systems do not prevent engine activation, steering, or forward self-mobility when the key is removed from the starting system. Indeed, because the vehicles have easily bypassed ignition switches, a screwdriver and USB cable are sufficient to start and drive off with the cars in a matter of seconds or minutes—no key required. Such starting systems do not meet FMVSS Number 114’s requirements. The lack of engine immobilizers in these vehicles, which could have provided a second line of defense against theft, has compounded and exacerbated this problem.

Additionally, these Hyundai and Kia vehicles’ vulnerability to theft constitutes a defect posing an unreasonable risk to safety, providing NHTSA with an independent basis to order a recall. Even young teenagers are able to access the ignition system and drive off in these vehicles

And, just as The Safety Record pointed out right after the fix was announced, Atty General Bonta noted that a customer satisfaction program allows the automakers to bypass the notice and accountability requirements of a formal recall. The Attorneys General complained that such a program would roll out too slowly and reach too few.

In a June letter, Cem Hatipoglu, NHTSA’s acting associate director for enforcement, responded to Bonta and the other AGs, saying that NHTSA wasn’t inclined to take any action other than monitoring the situation. He wrote:

At this time, NHTSA has not determined that this issue constitutes either a safety defect or noncompliance requiring a recall under the National Traffic and Motor Vehicle Safety Act, 49 U.S.C. Chapter 301. The Federal Motor Vehicle Safety Standard identified in your letter, FMVSS No. 114, does not require an engine immobilizer. See 49 C.F.R. § 571.114. Also, the test procedure specified in that standard does not contemplate actions taken by criminal actors to break open or remove part of the steering column and take out the ignition lock to start a vehicle. [Emphasis added.]See id. § 571.114, S6. Here, the safety risk arises from unsafe use of a motor vehicle by an unauthorized person after taking significant destructive actions to parts of the vehicle.

Hatipoglu’s assertion that the compliance test doesn’t address hotwiring is technically true, but NHTSA absolutely did consider that very reality in promulgating the standard, and in a 2004 interpretation letter from then-NHTSA Chief Counsel Jacqueline Glassman noted that in a response to an unidentified automaker requesting guidance on its engine immobilizer and the requirements of FMVSS 114. Glassman agreed that the system the automaker described would be compliant with FMVSS 114 because if an attempt was made to circumvent the ignition lock, including through “hot-wiring,” the immobilizer prevented engine starting without the key.

The current compliance test basically allows the tester to sit in the vehicle without the physical key or key fob, and try to start it. Pretty impossible to fail. Immobilizers are optional, but automakers that install them must pass specific and more rigorous test requirements, based on the standard in Canada, where immobilizers are required.

According to 49 CFR Part 552.8 .8 Notification of agency action on the petition, NHTSA was supposed to get back to us by the end of August:

After considering the technical review conducted under § 552.6, and taking into account appropriate factors, which may include, among others, allocation of agency resources, agency priorities and the likelihood of success in litigation which might arise from the order, the Administrator will grant or deny the petition. NHTSA will notify the petitioner of the decision to grant or deny the petition within 120 days after its receipt of the petition.

As vehicles become more complex, the need for strong NHTSA leadership and adequate resources becomes more urgent. And yet, the agency has long been stymied by the lack of a confirmed administrator with enough tenure to provide it. From April 2017 to May 2022, NHTSA has been run by a series of short-term acting administrators. The last administrator, Steven Cliff, was nominated by President Biden in January 2021, but not confirmed by the U.S. Senate until May 2022. He left in August 2022 for the California Air Resources Board. Biden nominated the current Acting Administrator Ann Carlson on February 13, but was forced to withdraw it in May, after Republicans opposed her green initiatives, such as rigorous fuel efficiency requirements.

It is difficult for a public health agency, with a safety mission as critical as NHTSA’s, to fulfill it while rudderless. The ongoing Hyundai-Kia debacle is but one result.

Hyundai/Kia Recall Vehicles with Leaking ABS Modules for the 17th Time in Seven Years

Late last month, Hyundai/Kia recalled nearly 3.4 million vehicles, warning owners to park their vehicles well away from structures – like a house or garage – because a leak in the ABS module can cause an electrical short and lead to a fire. Hyundai’s campaign involves 13 different MY 2011-2015 models for a total recall population of 1,642,551 vehicles. Kia is recalling more than 1.7 million vehicles encompassing 12 different models, covering model years 2010-2019.

(Korean-based manufacturers Kia Corp. and Hyundai Motor Corp. are part of Hyundai Motor Group. Both companies are involved in the joint design and development of vehicles sold globally under their respective brands. Hyundai Motor Co. owns 33.88 percent of Kia Corp., making it the largest investor in the company.)  

This recall is mega-sized, but it is nothing new. These two campaigns represent the 16th and 17th recalls from Hyundai and Kia for the same problem in seven years. They involve a common component by different names: in Hyundai vehicles, it’s called the Anti-Lock Brake System (ABS) module, while in Kia vehicles, it’s called the Hydraulic Electronic Control Unit (HECU). They have been manufactured by two different suppliers: Mobis and Mando. But 14 of the recalls, including all of those launched from 2020 to the present, involve components manufactured by the latter. They all share a common design configuration in that they are Powered All the Time (PAT), meaning even when the vehicle’s engine and ignition system is off, these modules still maintain a flow of electrical current. The recalls warn owners not to park their vehicles in or near a structure, because the engine or ignition doesn’t have to be on for a fire to start.

This is reminiscent of the Ford Cruise Control Deactivation Switch (CCDS) debacle, which eventually resulted in six recalls covering 14.9 million vehicles from 1996 to 2009. Ford, and later NHTSA, studied fires and thermal events involving this switch for eight years before it determined that a number of factors set off the chain of events that resulted in underhood fires: material fatigue, the orientation of the CCDS above the brake master cylinder, and the PAT configuration. The failure of the switch seals allowed for fluid intrusion, which could, eventually, lead to an electrical short and subsequent fire, including when the ignition and engine were off because the switch was always powered. Amid seven separate NHTSA investigations, Ford shifted the blame from defective switches damaged in the manufacturing process, to a systemic problem influenced by the switch’s position and the electrical architecture of the cruise control system, to an age degradation issue. The defect has been blamed for at least 1,500 fires – many in parking lots and garages – causing hundreds of thousands of dollars in property damage, and is alleged to have caused at least three injuries and three deaths.

Similarly, Hyundai and Kia have been “investigating” and recalling defective ABS/HECU modules since November 2016, with the vast majority of campaigns launched in the last three years. These latest recalls for leaking ABS modules brings the total recall population to nearly six million vehicles. Roughly half of the recalls name moisture or brake fluid intrusion into the modules as the likely root cause, while the other half state the root causes were undetermined, even though some suggest there are signs that contaminants are leaking into the HECU. When Hyundai and Kia assigned blame, it pointed to supplier quality, including improperly sealed wire harness covers, or excess flux residue from the soldering process at the supplier, compounded by exposure to heat/humidity and deteriorating seals. But many of the recalls involving Mando modules concede outright that despite a prolonged joint investigation, they were unable to determine the cause of the short circuits.

Hyundai’s most recent Mando ABS module recall pinpoints the problem as defective O-rings:

Certain ABS motor shaft O-ring material formulations may be susceptible to physical changes over time due to varying factors, including vehicle ABS specifications and/or the presence of foreign contaminants in the brake fluid, such as moisture, dirt, and dissolved metals, which could affect sealing strength and result in brake fluid leaking onto the ABS controller PCB.

Kia’s version of the recall said that it really wasn’t certain why it was recalling so many of its vehicles. Its Part 573 submission to NHTSA said: “It is believed that a short circuit may result in excessive current within the HECU [Hydraulic Electronic Control Unit]. Exact cause of the short circuit remains unknown.”

In its mandated Defect Chronology submission to NHTSA, Hyundai asserted that its American and Korean engineers have been investigating this problem for four years, beginning with analyses of some overheated ABS modules it collected in 2019. (Hyundai did not mention the earlier investigation that led to a recall in 2018.) Then, beginning in the summer of 2020, as Hyundai and Kia were initiating several recalls into other models and model years for ABS/HECU-related fires, the lawsuits related to fires in this new subset of vehicles began to roll in. That August, Hyundai’s North American Safety Office opened a formal case investigation beginning with Elantra vehicles, and began to recover all similar ABS modules with thermal damage from American market vehicles. Throughout most of 2021, Hyundai continued investigating. In some cases, they found brake fluid in the switch but could not determine how it got there. In October 2021, Hyundai brought in Exponent and after nearly two more years testing and analysis, identified the cause as the O-ring degradation within the ABS module, which lost strength and deformed over time breaking the seals:

During this period, Exponent focused testing on the motor shaft O-ring material durability. In an update provided on May 9, 2023, Exponent reported that foreign contaminants were present in residual brake fluid found inside certain analyzed ABS modules. In an update provided on July 7, 2023, Exponent found the O-rings used in the subject ABS modules consisted of varying rubber material formulations determined through thermogravimetric (“TGA”) analysis. In an update provided on September 6, 2023, Exponent confirmed that certain material formulations used in the O-ring rubber could lose hardness over time. Additionally, the material could be affected by foreign contaminants in the brake fluid, potentially impacting sealing performance. Based on this information, HMC conducted a review of supplier manufacturing records and confirmed a material formulation change to one with increased hardness implemented by the supplier in September 2014 and February 2015 at the Korea and U.S. plants, respectively.

Based on this revelation about a materials change, Hyundai recalled vehicles from the 2015 model year and earlier.

Kia starts its Defect Chronology in 2023, claiming that in July it learned that Hyundai was investigating overheating ABS modules (HECUs in the Kia vehicles), and noticed that those modules were in many of its models. During the ensuing two and a half months, it launched its own internal investigation and found some similar overheating incidents and some leaky modules but, once again, was unable to pinpoint a root cause. But given Hyundai’s go-big recall, Kia apparently decided to do the same. Its investigation is less likely to blame pre-2015 Mando O-rings, because its recall population also includes vehicles from the 2016 to 2019 model years.

You might be thinking that they would address the enduring problems with its ABS/HECU modules by simply replacing all of the older modules with newly designed modules.

You would be wrong. Despite this obvious hardware solution, Hyundai/Kia have only offered module replacements in four of the early recalls. In three other recalls, the fix was to install a relay in the vehicle’s main junction box to prevent the risk of an ABS short-circuit while the car is turned off. Of course, that wouldn’t prevent a thermal event when the engine was running. However, in most of the recalls, including all of those from the last three years, the only remedy is the installation of lower-amp fuses, so that if there is an electrical short, it will blow the fuse rather keeping the module from overheating and igniting.  While that may prevent fires, if the vehicle is in motion when this occurs, it could force the driver to stop operating the vehicle, which could create a new danger.

What all of these recalls really appear to demonstrate is that the only permanent remedy is to replace the ABS modules with a design that functions throughout the vehicle lifecycle without leaks into the electrical unit.

But Hyundai and Kia aren’t doing that.

Working the Refs

In just two months, Hyundai is expected to emerge from the shadow of a three-year Consent Order it signed with NHTSA just before Thanksgiving 2020. Back then, the agency slapped Hyundai/Kia with a combined $210 million civil penalty, the largest in the regulator’s history, for lying (more politely called “inaccuracies” and “omissions”) in its communications with the agency and failing to launch timely recalls involving more than 1.6 million Hyundai and Kia models with the company’s Theta II engines. The engines were supposed to make Hyundai/Kia the leaders of fuel economybut instead suffered from manufacturing and design defects that caused lubrication problems and premature bearing wear that could lead to loss of motive power and fires. (Read about it here: Hyundai-Kia’s Billion Dollar Engine Problem that Broke the NHTSA Civil Penalty Barrier.)

The story is instructive for its similar trajectory of multiple years of rolling recalls and satisfaction campaigns to address a problem the “fixes” didn’t correct. Hyundai alleged that the engine problem began in 2011, when its Montgomery, Alabama, assembly plant changed the way it removed machining debris from the crankshaft of the then-new Theta II Gasoline Direct Injection (GDI) engine. The warranty claims for excessive noise, an illuminated check engine light, and stalls began to rise as soon as the Theta II debuted in the field.

By 2015, the complaints accruing in NHTSA’s VOQ database began to concern the agency, which contacted the automaker, worried about the potential for high-speed stalls. And so in September, Hyundai recalled 470,000 Model Year 2011-2012 Sonata vehicles equipped with 2.4L and 2.0L Theta II GDI engines.

The defect involved the travel of metal debris generated during engine crankshaft manufacturing and left in the component’s oil passages, and travel, over time into the connecting rod oiling passages, restricting oil flow to the bearings,” which could raise engine temperatures and lead to premature wear of the connecting rod bearing, eventual failure, and a vehicle stall and a potential fire. The remedy was an engine noise inspection that required moving the vehicle to a quiet place and positioning a mobile tablet near the steering wheel to assess the engine sound, while an unexplained algorithm determined if the vehicle passed or failed the inspection. The failures got a new engine; the others got a new dip stick and an oil top-off.

During the following two years, Hyundai and Kia, which also had models with the Theta II engine, attempted to avoid a recall with extended warranties, even as Hyundai engineer and 26-year company veteran Kim Gwang-ho blew their cover. A member of Hyundai’s Quality Strategy team, Kim traveled to the U.S. in August 2016 to allege in a meeting with NHTSA that Hyundai’s recall did not cover the entire population of affected vehicles in the U.S. and South Korea, and that the problem was also related to the engine design. 

In March 2017, Hyundai and Kia finally announced recalls for a combined nearly 1.2 million vehicles describing the same defect as the 2015 recall. Two months later, NHTSA responded by opening a Recall Query to determine if Hyundai and Kia met its regulatory burden of issuing these recalls within five days upon learning of a defect.

On November 23, 2020 everyone signed the Consent Order agreeing that they hadn’t.

Under its terms, Hyundai and Kia had to spend a significant portion of the fine on internal process improvements. ($40 million and $16 million respectively.) Hyundai was required to “build and develop a fully functioning United States-based outdoor test laboratory and vehicle tear down facilities. The test laboratory will focus on safety field issues, vehicle inspections, and defect investigations.” Finally, Hyundai/Kia was required to hire a third-party auditor to oversee its progress. The penalty capped a five year period in which millions of Hyundai and Kia models were scrutinized under four different investigations, and were the subject of class-action lawsuits, extended warranty programs, a product improvement campaign, and 10 recalls to deal with defects that cause stalls and non-crash fires attributed to a variety of causes.

According to the NHTSA press release on the agreement, both companies were required to “develop and implement sophisticated data analytics programs to better detect safety-related concerns.” The Safety Record wonders what these new data analytics are telling them about leaking ABS modules.

And as Hyundai/Kia enters its seventh year of placing Band-Aids on ABS modules in the apparent hope that NHTSA doesn’t notice that their recall “remedies” may be as crappy as the modules themselves, may we remind you that Hyundai/Kia still has not launched a recall to fix their theft-prone, immobilizer-free models.

According to Hyundai/Kia’s defect chronologies, the defective ABS modules, have not caused any reported deaths or injuries. In contrast, the Hyundai/Kias with insufficient theft protection have touched off a two-year nationwide epidemic of criminality that shows no signs of abating, with steep car theft numbers and a horrific trail of crashes, injuries and deaths. The last two months alone have seen Hyundai/Kia theft news stories with headlines such as: “3 dead, 2 critical after stolen car ‘cut in half’ in crash with pole at MLK, Carey” (Las Vegas); “21-Year-Old Dead, Passenger in Critical Condition After Being Hit By Teens Driving Stolen Kia in Old Brooklyn” (Cleveland); or “12-Year-Old Seriously Injured After Smashing Stolen Kia Into a Utility Pole: Police” (Bridgeport).

This is just a small sample; there have been many more since February when NHTSA announced that, after eight deaths and 14 crashes attributed to stolen unprotected Hyundai and Kia vehicles, the Korean conglomerate would launch a service campaign to apply a software fix and a decal to vehicles without immobilizers. No apparent investigation, no recall.

In June, Cem Hatipoglu, NHTSA’s acting associate director for enforcement, responded to a demand by state Attorneys General that NHTSA exercise its authority to compel meaningful action, by saying that NHTSA wasn’t inclined to take any action other than monitoring the situation. He wrote: “At this time, NHTSA has not determined that this issue constitutes either a safety defect or noncompliance requiring a recall,” noting that the compliance test “does not contemplate actions taken by criminal actors to break open or remove part of the steering column and take out the ignition lock to start a vehicle.”

This is true even though FMVSS 114 was promulgated for this precise reason: to prevent casual thieves from quickly hot-wiring a vehicle for high-speed joy rides that end in tragedy. That’s why Safety Research & Strategies has petitioned NHTSA to strengthen the anti-theft compliance test provision. (You can read about it here: The Amazing Shrinking 114 )

 

The Amazing Shrinking 114

Federal Motor Vehicle Safety Standard (FMVSS) 114 Theft Protection and Rollaway Prevention began its life in 1969 as solely a theft protection standard in response to a wave of amateur car thieves and the attendant mayhem on the road. By the late 1980s, that rule began to tackle the problem of rollaways caused by the ability to inadvertently shift the gear selector into non-Park positions with the key removed from the ignition. In the mid-2000s, the agency began another round of rulemaking to address the advent of keyless ignitions. But the standard has not been amended in 17 years, and during that time it has drifted far from its historic intent, providing the public with little theft protection or rollaway prevention. Whether the issue is deadly rollaways in keyless ignition vehicles or a tsunami of auto thefts, NHTSA has found no recourse in FMVSS 114 – the standard it wrote to address these hazards. Be it rulemaking, compliance, or enforcement NHTSA has consistently reacted to issues that underscore the standard’s weakness by declining to use its authority to uphold the standard’s intent. That is especially true if identified safety hazards can be blamed on drivers, rather than designs which encourage human errors without adequate countermeasures.

In 2021, Congress broke a decade-long impasse to update the standard with the passage of the Infrastructure and Jobs Act. The law compels NHTSA to pass a Final Rule requiring vehicles with keyless ignitions to install an automatic engine idle shutdown to prevent carbon monoxide poisonings. Ford and GM have been doing this beginning in 2012. Chrysler had one vehicle in 2018. Toyota followed suit in the last few years. According to the Fall Unified Agenda, in which various federal agencies publish their schedules of rulemaking activities, NHTSA expects to publish a new FMVSS 114 Notice of Proposed Rulemaking in June.

Last week, in response to the surge in amateurs stealing Hyundai and Kia vehicles with inadequate theft protection, Safety Research & Strategies submitted a petition for further rulemaking, to strengthen the anti-theft compliance test provision, which is virtually un-fail-able. The petition outlines the current Kia Boyz continuing mayhem, history of the standard, the basic and vague requirements of the current anti-theft test, and compares them to the specific and more rigorous requirements of the tests for immobilizers – which are optional for manufacturers.

We can’t say why NHTSA has abandoned FMVSS 114, but we can chronicle its descent into near-irrelevancy.

Theft Protection?

In the late 1960s, many amateur car thefts never had to break a window or jimmy a lock – they simply slipped into the driver’s seat of a vehicle with the keys dangling in the ignition and took off. Yet, joyriding posed a significant safety hazard, because thieves were not only stealing cars, they were getting into crashes and causing injuries to themselves and others — and at a disproportionately higher rate than vehicles that were not stolen. According to an April 1968 Federal Register Notice proposing FMVSS 114:

The evidence shows that cars operated by unauthorized persons are far more likely to cause unreasonable risk of accident, personal injury, and death than those which are driven by authorized individuals. Further, the incidence of theft, and hence the risk of accidents attributable thereto is increasing. According to a recent study by the Department of Justice there were an estimated 94,000 stolen cars involved in accidents in 1966, and more than 18,000 of these accidents resulted in injury to one or more people. On a proportionate basis, 18.2 percent of the stolen cars became involved in accidents, and 19.6 percent of the stolen-car accidents resulted in personal injury. The same study predicted that automobile thefts in 1967 total about 650,000; about 100,000 of these stolen cars could be expected to become involved in highway accidents. Comparing these figures with statistics for vehicles which are not stolen, the approximate rate for stolen cars would be some 200 times the normal accident rate for other vehicles. Thus, a reduction in the incidence of auto theft would make a substantial contribution to motor vehicle safety. It would not only reduce the number of injuries and deaths among those who steal cars, it would also protect the many innocent members of the public who are killed and injured by stolen cars each year

In response, NHTSA proposed to establish a theft protection rule. From the beginning, the agency’s goal was to remind drivers, via an audible warning, that they had left the key in the ignition and to make it difficult for thieves to activate the engine “within a short period of time.”

Some automakers questioned whether NHTSA was properly using its authority, or had a solid factual basis for its proposal.  Others supported the idea, but found NHTSA’s execution to be totally wrong. Nonetheless, there was consensus for the objective of thwarting the casual thief from nicking a car, and manufacturers were quite firm that they didn’t want to be forced to use a specific anti-theft technology to do so. They argued, persuasively, that technology was always evolving, and that it was necessary to stay nimble to keep one step ahead of criminals who can eventually figure out how to overcome a system.

The agency agreed that it would be best to keep the language of the technology neutral, and allow automakers to use, develop and innovate any strategy that satisfied the regulatory language. The Final Rule simply requires:

Each vehicle must have a starting system which, whenever the key is removed from the starting system prevents:

(a) The normal activation of the vehicle’s engine or motor; and

(b) Either steering, or forward self-mobility, of the vehicle, or both.

Although the final rule was not technically prescriptive, there were nine years of discussions about the best ways to accomplish this. And, even back then, the agency understood that insufficient shielding of ignition wires was a factor in the speed at which a thief could breach the ignition system. In May 1979, a constituent of then Sen. Ernest Hollings noted that cars were easier to steal due to manufacturers’ change from “a heavy metal casting steering-column (at a weight savings of only 1 ½ pounds) to a molded-plastic housing which no longer adequately protects the ignition lock.” In a 1971 docket, NHTSA wrote:

After a review of the state of the art in lock design and the difficulty of articulating performance standards for stronger locks, the NHTSA has tentatively concluded that it would be more effective to approach the problem of the susceptibility of locks to tampering by limiting the utility of removing the lock. Consequently, a new requirement is being proposed which requires the ignition systems to be inoperative if any part of the ignition lock is removed. To further protect the ignition system, the agency proposes also that the wires which activate this system shall be shielded so that they cannot be directly contacted from within the passenger compartment. The shielding could be provided by the vehicle structure or by other means. The agency is considering establishing a requirement that would necessitate the use of metal or other similar strong shielding materials which would have to be cut by special cutting tools before access to the ignition wires could be gained.

At the time, the idea that the ignition lock should be designed to resist removal was supported by major automakers such as GM, Ford, Mercedes and VW. And NHTSA noted that it was evaluating a study by the National Bureau of Standards of tensile, torque and extraction testing on current ignition lock systems to determine if it would propose specific lock retention and system operations performance standards in the future. The agency never did propose an ignition shielding requirement, and theft protection rulemaking never advanced any further.

NHTSA’s Office of Vehicle Safety Compliance (OVSC) lays out the procedures for its contracted testing labs performing FMVSS 114 compliance tests, the primary tests associated with the theft prevention aspects of rule state:

“With the key removed from the starting system, attempt to start the vehicle engine or motor. If the vehicle is equipped with an advanced key system, it may be necessary to move the electronic key device outside the minimum effective range for loading the electronic key into the vehicle starting system.”

“Determine if the steering wheel locks as a result of removing the key from the starting system by rotating the wheel in both directions.”

“Determine if forward self-mobility is prevented whenever the key is removed from the starting system. If the vehicle is equipped with an advanced key system, it may be necessary to move the electronic key device outside the minimum effective range for loading the electronic key into the vehicle starting system.”

So, test labs have to try to start a keyed vehicle without placing the metal key in the ignition slot, or, in the case of a keyless ignition vehicle, move the key fob out of vehicle range and attempt to start the vehicle by depressing the Start/Stop button, then try to  move the steering wheel and determine if vehicle can move forward under its own power.  No tools or methods for accomplishing this are prescribed. How any automaker could actually fail to comply is beyond The Safety Record’s comprehension. The procedure only partially addresses the second part of the requirement, that a FMVSS 114 compliant vehicle must also prevent “either steering, or forward self-mobility, of the vehicle, or both.”

While OVSC’s lab test procedures states they aren’t intended to limit or restrain its contractors from devising and using any techniques or equipment to obtain the required compliance test data,  and the document isn’t an endorsement or recommendation for using a particular test method, the practical reality is the opposite. Is a contracting test lab really going to devise a different test method based on an historical review of the intent of the standard? Not likely.

But maybe they should review a legal interpretation from 2004 from then-NHTSA Chief Counsel Jacqueline Glassman who recognized the intersectionality of the two-part requirement in a response to an unidentified automaker, who requested agency guidance on its engine control immobilizer module and the requirements of FMVSS 114. Glassman agreed that the system the automaker described would be compliant with FMVSS 114 because if an attempt was made to circumvent the ignition lock, including through “hot-wiring,” the immobilizer prevented engine starting without the key.

Immobilizers, defined by NHTSA as “an anti-theft device that combines microchip and transponder technology with engine and fuel immobilizer components that can prevent vehicles from starting unless a verified code is received by the transponder,” are not required, but most automakers use them.  They showed up in the 1980s and today, according to the Highway Loss Data Institute, 97 percent of MY 2021 model cars have immobilizers, compared to 26 percent of MY 2021 Hyundai/Kia models. In contrast to FMVSS 114’s meaningless compliance test, if a manufacturer chooses to use an engine immobilizer anti-theft technology, there is specific criteria that the immobilization system must be designed to meet so that it cannot easily be defeated to allow forward self-mobility by either disrupting the voltage or by using tools. These criteria enumerate 18 common tools auto thieves are known to rely on: Scissors, wire strippers, wire cutters and electrical wires, a hammer, a slide hammer, a chisel, a punch, a wrench, a screwdriver, pliers, steel rods and spikes, a hacksaw, a battery operated drill, a battery operated angle grinder; and a battery operated jigsaw

Enter the Kia Boyz. With one viral 2021 TikTok video, every issue associated with the safety hazard of quick and easy car thefts identified and debated more than 40 years ago has been borne out in the ongoing crime wave involving MY 2010-2021 Hyundai and Kia vehicles with traditional metal keys. Thieves can just rip off the steering column shroud, pull out the ignition cylinder, and using the end of a USB cable, grip the ignition cylinder to twist it, starting the engine. The whole deal can go down in about 30 seconds.

In the span of approximately a year, Hyundai/Kia’s decision to forego basic anti-theft features resulted in 14 crashes and eight deaths, according to a NHTSA press release in February. But surely, these are undercounts, because in March and April alone, the news media reported another 24 such crashes, resulting in four more deaths (including a six-month-old boy), 28 injuries, nine of which were said to be serious injuries, and one house fire, in addition to structure damage and other vehicle damage, including two police cruisers, caused by drivers of stolen Hyundai/Kia vehicles.

Hyundai/Kia now facing a demand from 17 state and Washington, D.C. attorneys general to launch a recall, and lawsuits from many municipalities, including Buffalo, Milwaukee, Rochester, Columbus, Madison, St. Louis, New York City, Cleveland, Seattle and San Diego, auto insurers, and multiple class actions. One entity not holding Hyundai/Kia to account is NHTSA. NHTSA didn’t open a defect investigation or press Hyundai/Kia to launch a formal recall with its notification and accountability requirements. NHTSA took no enforcement action at all, because it didn’t believe that the theft protection safety standard was actually enforceable. In response to inquiries from Safety Research & Strategies, a NHTSA media representative stated that the agency could not act more forcefully, because “the standard does not define normal activation.”

If that’s the case, it’s high time the agency either define normal activation or re-fashion a meaningful compliance test that addresses FMVSS 114’s historic intent.

Rollaway Prevention?

FMVSS 114 pivoted to the rollaway problem in 1988, in response to reports of crashes and injuries caused by steering wheel lock-up when the key is inadvertently removed, and rollaways caused – primarily – by children moving the gear selector from Park to Neutral. By 1990, the agency published a Final Rule requiring vehicles with automatic transmissions that have a Park position to have a key-locking system that prevents removal of the key unless the transmission is locked in Park or becomes locked in Park as the direct result of removing the key. The agency noted that this amendment accomplished several goals at once – it didn’t diminish the theft prevention aspect of the rule, it prevented steering wheel lock up if the key was inadvertently removed from the ignition, and it prevented inadvertent shifting of the gear selector, because the key’s status was now linked to the Park transmission position.

The final rule addressed the safety need for transmission shift locks, with the agency calculated that there are “roughly 400 to 800 relevant injury producing transmission lever shifting accidents each year.” NHTSA also emphasized that being able to move the gear selector out of Park without the key in the ignition posed a significant safety risk and that the agency has a “special obligation to reduce injuries involving children.”

Nothing much changed on the rulemaking front for the next 15 years. But ignition systems began to undergo a significant transformation, as automakers introduced keyless ignition vehicles into the fleet. No longer did the driver need a metal key to lock and unlock the doors, or even to start the vehicle. The key was now an invisible electric code stored in or removed from the ignition module, delivered by a plastic key fob. In a 2002 interpretation letter, NHTSA Chief Counsel Glassman warned an unnamed automaker that this new system would disrupt a driver’s relationship with the key:

We observe that if the ‘Smart Key’ device remained in the car. e.g. in the pocket of a jacket laying on the seat, a person would need only turn the ignition switch knob to start the engine. It appears to us that, with systems of this kind, there would be, in the absence of some kind of a warning, a greater likelihood of drivers inadvertently leaving a ‘Smart Key’ device in the car than with a traditional key. This is because the driver must physically touch a traditional key, unlike the “Smart Key” device, as part of turning off the engine. You and/or the vehicle manufacturer may wish to consider whether there are any practicable means of reducing the possibility of drivers inadvertently leaving their ‘Smart Key’ devices in the car.”

Glassman got it partly right – but didn’t address other serious problems that emerged with keyless ignition vehicles – which facilitated the omission of critical steps in the vehicle exit behavior sequence: driver’s exiting vehicles with the key fob, vehicle in Park, but without shutting engine off, creating a carbon monoxide hazard or shutting the engine off and exiting without placing the gear selector into Park, creating a rollaway hazard. Both hazards were largely addressed with mechanical key designs that prevented the removal of the ignition key unless the engine was off and the gear selector in Park.

The year 2005 was a FMVSS 114 watershed for a couple of reasons. First, although NHTSA still had not promulgated a rule to prevent rollaways by requiring a brake to shift interlock (BTSI), then-New York Sen. Hillary Clinton filed the Cameron Gulbransen Kids and Cars Safety Act, which would force the agency to do so. (In 2006, 19 major automakers scrambled to head off a regulation by announcing a voluntary agreement to install brake to shift interlock. That was swell of them, but in 2008, the Clinton’s bill passed, and the Final Rule was published in March 2010.)

Second, in 2005, NHTSA attempted to amend FMVSS 114 to address the advent of keyless ignition, by revising the definition of the key to include an invisible electronic code. This seemingly created an FMVSS 114 compliance problem, because these new systems allowed the driver to shut the engine off in a drive gear, and walk away with the fob. In a keyed vehicle, that metal key cannot be released from the ignition slot unless the transmission is in Park or automatically moves into Park when you remove the key. Not to worry though, NHTSA told automakers how to get around the rule in a Federal Register Notice: “We also explained that systems using an electronic code instead of conventional key would satisfy the rollaway prevention provisions if the code remained in the vehicle until the transmission gear is locked in the “‘park’ position.’”

This “cheat” immediately made FMVSS 114’s rollaway prevention provisions less effective.

Most manufacturers designed their vehicle electrical architectures so that if the driver turned off the engine without placing the transmission in “Park,” the ignition state would quietly move to the Accessory position to keep the electrical power on and the electronic “key” was maintained in the ignition module. These designs typically included a dashboard text message and/or indistinguishable chime that was allegedly intended to alert the driver to put the transmission into Park. In many cases, drivers exiting with the fob with the gear selector not in Park and the engine off, never saw the message as they turned their bodies toward the door, or failed to hear the chime or if they did, had no way to discern its meaning, and exited without knowing their vehicle was unsecured and the power was still enabled, draining the battery, to boot. Automakers resolved the dead battery complaints by installing battery saver features that would eventually turn off the power, but did little to protect the departing driver or nearby pedestrians from rollaways.

In 2009, NHTSA asked the industry to convene a SAE sub-committee to write a voluntary standard to address the human factors issues created by keyless ignitions. But the result was pathetic: it blamed drivers for manufacturers poor design choices and didn’t offer much guidance on countermeasures beyond than vague recommendations for warnings.

Dissatisfied, the agency opened a rulemaking in December 2011 to amend FMVSS 114 to address panic stops during an unintended acceleration, and the rollaway and carbon monoxide safety problems created by keyless ignitions. The proposal to solve for the latter were very loud 85-decibel warnings, if the driver exited without placing the transmission in Park or turning off the engine. Predictably, manufacturers loathed this idea, and excoriated NHTSA for even suggesting such a thing without rigorous data to determine a safety need. When NHTSA had proposed to hire a consultant to do some human-machine-interface investigations into keyless ignitions, the industry objected again. NHTSA hasn’t touched the rulemaking for a dozen years.

In 2014, apparently having forgotten that they told manufacturers how to meet technical compliance with FMVSS 114, while leaving the vehicle able to freely roll, NHTSA OVSC began testing 34 recent model-year vehicles to determine if push-button systems allowed the vehicle to be turned off in a gear other than park, or the key fob to be removed from a running vehicle with no warning to the driver, or allowed vehicles to be restarted without the key fob present. They found that you could turn off the engine with the transmission in drive, leave with the fob, and easily push the vehicle into a roll. The agency officially launched the compliance probe in January 2014 with an Information Request seeking sought a host of details related to manufacturers’ keyless ignition systems, ranging from the electronic architecture of the system, when the electronic code is purged from the system and the audio and visual telltales used to alert the driver when he or she has exited the vehicle. NHTSA also asked for complaint data and the safety information manufacturers provide to their customers about keyless systems.

After automakers explained exactly how their vehicles met the rollaway standard using the Accessory work around, the agency closed the probe with no findings of non-compliance. For example, in her report regarding potential non-compliances in Kia vehicles, the safety compliance engineer who conducted the investigation, noted: “Each vehicle was started with the push button control and the transmission selection control was placed in Drive. The starting system was deactivated with the push button control and the key fob was removed from the vehicle. We verified that the vehicle was not in Park by pushing it.”

After conversations with Kia, NHTSA’s OVSC learns: “The information and test data provided by Kia indicates the vehicles listed above meet all requirements of FMVSS No. 114. Regarding SS .2.1, if the vehicles’ starting system is deactivated when the transmission is not in Park, the starting system will be in the accessory position, the key (electronic code) has not been removed, and the transmission control is not required to be in Park. In addition, drivers are provided audible and, for some vehicles, visual warnings about the key and transmission position.”

NHTSA eventually told automakers they needn’t bother to answer the question of how many complaints they had logged.

In 2015 and 2016, NHTSA opened three separate rollaway-related defect investigations into vehicles with novel shifters, with spotty results.

The first, PE15-030, in August 2015, investigated rollaways after intended shifts to PARK in 2014-2015 MY Jeep Grand Cherokees vehicles with monostable-style shifters. The monostable is a T-handle style shifter with a similar appearance of a traditional mechanical T-handle shift selector. But monostable designs are activated by depressing a button on the handle and moving the handle rearward or forward to achieve a transmission position; the handle always returns to the centered/neutral position. The design provided no tactile feedback, so drivers trying to achieve Park were inadvertently selecting Reverse or Neutral. In April 2016, FCA brought the investigation to a swift close by recalling Jeep Grand Cherokees, Chargers and 300s with the monostable shift levers. FCA blamed drivers for failing to respond to the vehicles’ warning strategies, but nonetheless installed Auto Park, which automatically moved the electronic monostable transmission selector into Park when the driver failed to do so, and the ignition switch was pressed to turn of the engine, or if the driver attempted to exit the vehicle without the Park engaged.

The second two defect investigations were opened on the same day in December 2016, into vehicles with rotary style electronic shifters:  one covering MY 2013-2016 Ram 1500 and MY 2014-2016 Dodge Durango, and the MY 2012 through 2014 Land Rover/Range Rover Evoque and Jaguar XF vehicles. In both cases drivers complained that the vehicles had rolled after the drivers had placed the transmission in Park – or thought they did. In August 2020, NHTSA closed the investigation into the Jaguar / Land Rover vehicles, after declining complaints and claiming it found no mechanical or electronic fault that would prevent Park from being engaged; this was likely case of driver error, the agency said. While FCA initiated a series of service campaigns to add automatic shift to Park software updates, the investigation into the FCA vehicles is still open six years and five months later.  

So there you have it, after nearly 40 years of regulatory progress, FMVSS 114 begins its descent into a theft protection and rollaway prevention safety standard that does neither. Most of the time NHTSA has an opportunity to enforce it or improve it, the agency backs off, and the public is less safe because of it.

 

Amazon Delivery Drivers Sprint After Rolling Delivery Vans

Editor’s Note: This blog has been updated to reflect the software update recall initiated by Mercedes-Benz and posted by NHTSA on Jan. 10, 2022.

In August, the National Highway Traffic Safety Administration (NHTSA) opened a rollaway investigation into the Mercedes Sprinter vans with e-shifters that automatically move the transmission into Park when the driver leaves the seat. Used by Amazon’s delivery service providers, these vans have been sprinting away – with the shift indicator showing Park, and sometimes with the parking brake applied, too. Just before Christmas, Mercedes delivered a temporary fix with a Grinch-y rant against drivers. But, the preliminary evidence points to a long-established mechanical source of rollaway – a defective park pawl. Blame the driver is the manufacturers’ rollaway go-to, but will it make the investigation go away?

In 2021, Amazon Logistics – the fulfillment arm of the online retail behemoth – delivered more packages than FedEx – 4.2 billion parcel shipments in 2020, according to an analysis by Pitney Bowes. And all those billions of dish racks, books, clothing, 50-lb. bags of dog food – and every other household necessity, personal obsession, and impulse purchase – reaches America’s front doors via an army of drivers manning Amazon’s fleet, consisting mostly of Mercedes Sprinter vans.

By all accounts, the life of an Amazon delivery person is short and brutish, composed of 10-hour shifts humping as many as 40 packages an hour, while an Android device called a “rabbit” maps your route and tracks your execution to ensure that you are keeping up the pace. A December 2020, first-person, day-in-the-life-of-an-Amazon-delivery-driver story published by Business Insider, reported that a driver gets in and out of that van 200 times a day. A Reddit forum for Amazon drivers paints a fairly miserable picture of the experience – low pay, zero respect and push-to-the-breaking-point level of productivity expectations – which is apparently why the position has such high turnover.

Given the number of stops a day a driver must make and the relentless pace of delivery, Amazon needed a van that would provide good protection against rollaway, the long-time safety hazard of unintended movement in a vehicle with no driver. Rollaways can occur when the engine is on, or off, and can be caused by mechanical and software failures, or by design-induced human error.

The 2019 Mercedes Sprinter van appeared to deliver – with an electronic shifter that provides one of the most comprehensive automatic shift-to-Park algorithms The Safety Record, which has pored over scores of service literature and owner’s manuals, and examined dozens of vehicles, has ever seen. (We’ll get to that in a moment) An electronic shifter replaces the mechanical connection between the gear selector and the transmission with software that sends electronic signals from the gear selector interface to an electronic control module which relays the request to the transmission. In a 2019 Mercedes Sprinter, the shifter is a steering column mounted stalk behind the steering wheel that is pressed up or down, depending on the gear. Park is a button on the end of the lever.

 

Mercedes Sprinter vans – particularly in the 2019 model year – were rolling away with enough regularity to catch the attention of the National Highway Traffic Safety Administration’s (NHTSA) Office of Defects Investigation (ODI).

In early August, ODI opened a Preliminary Evaluation of 19,000 2019 Mercedes Sprinter vans. The Opening Resume described the potential defect as: “MY 2019 Mercedes-Benz Sprinter 2500/3500/4500 vans, configured for use as Amazon delivery vehicles or ambulances, roll away shortly after being shifted to Park using the Auto-P function.” The investigation is based on 11 consumer complaints in NHTSA’s Vehicle Owner’s Questionnaire (VOQ) database, representing eight crashes and one injury. A broader search turns up a total of 19 such reports. They have narratives like these:

The delivery driver placed the van in park on a hill and engaged the emergency parking brake.  While the engine was still running the delivery driver took a minute or two to locate his package and proceeded to step out of the driver door while the van was still running.  Just as he was stepping out of the van the driver heard several loud clicks and the van proceeded roll away and was stopped by a large tree branch that caused damage to the roof of the van.  I have had several of these vans roll away some causing significant damage to the vans, other people’s property and 2 drivers have been hurt as a direct result of this same problem.

Here’s another, with a more serious outcome:

The contact’s client was utilizing a 2019 Mercedes- Benz Sprinter 2500 for work. The contact stated while the vehicle was in park, the driver exited the vehicle however, it rolled backward, flipped over, and crushed the driver’s legs. There were no warning lights illuminated. The driver sustained road and chemical burns and medical attention was provided.  A police report was filed. There was no report of a fire or airbag deployment. The vehicle was towed to an independent lot. The local dealer was not contacted. The vehicle was not diagnosed or repaired. The manufacturer was notified of the failure and inspected the vehicle where the black box was retrieved. The contact mentioned referenced NHTSA Action Number PE21019 (Power train). The failure mileage was 965.

Or, if you prefer, you can watch a typical incident:

Rollaway is a longstanding, and diverse problem — recalls and investigations going back to the 1970s show that the root causes range from broken parts, like pawls and rods, to the effect of new technologies, such as keyless ignitions and new electronic transmission gear shift designs, on driver behavior. In the last several years, The Safety Record has been reporting on this safety problem and the solutions – you can read about them here:  

Technology Has Made Rollaways Easier: Technology Can Prevent Them

The Persistence of Rollaway

The 2019 Sprinter, a vehicle predominantly used by delivery expeditors, is the first model year of the third generation of the van, and the first year to use the e-shifter, a design found on many other Mercedes models. In 2018, Amazon announced that it had ordered 20,000 Mercedes-Benz Sprinter vans that would be leased by its Delivery Service Partners – a program for small business owners to deliver packages ordered through Amazon. Amazon Sprinter vans have an auto-shift-to-park function that automatically moves the electronic shifter to the Park position, if the driver attempts to exit without first securing Park, regardless of whether the engine is on or off. Auto-shift-to-Park features first emerged as a safety measure on passenger vehicles with e-shifters that used non-standard shift controls – like buttons, rotary knobs, and Monostable stick selectors that always return to the center position after gear selection. These new shifter designs lack the mechanical detents and consistent PRNDL sequence that most drivers were used to. This has led to drivers misjudging the gear position and exiting the vehicle without securing it in Park, followed by NHTSA investigations and recalls to implement a failsafe, such as an automatic shift-to-park feature.

Further, if the Sprinter van is not in Park and the driver opens the door, or unbuckles the seat belt or gets out of the seat, the e-shifter moves to Park. That covers all of the components of driver exit. That last condition – driver leaves seat – is determined by a driver seat occupant detection sensor, a design feature that is atypical for in these designs. While Automatic shift-to-park features in the U.S. fleet work under a variety of conditions – some only activate if the driver has turned the engine off, some don’t work if the transmission is in Neutral. Most use the combination of seatbelt unbuckled, no brake application, and the driver’s door open as the markers for driver exit. But, the Sprinter design with its driver occupant detection sensor as the trigger seems to acknowledge the realities of an Amazon delivery driver’s day.  

The Sprinter is also available with an optional Electronic Parking Brake (EPB). EPBs are an increasingly common feature that can be configured to automatically activate under whatever conditions the automaker chooses. Again, some only activate when the engine is turned off, or when the brake hold mode is manually activated, a convenience feature that holds the vehicle at a temporary stop – like a traffic light – without requiring the brake pedal to be depressed, and then releases when the accelerator is depressed to resume travel. Other manufacturers automatically apply the EPB to prevent rollaway. For example, 2014 model year Jeep and Chrysler models added “Safehold” that will engage the EPB automatically if the transmission is not in Park, the seat belt is unbuckled, the service brake is not applied and the driver’s door is opened. The commercial version of the 2019 Ram ProMaster 2500 van, a rebadged Mercedes Sprinter – also used as Amazon delivery vans – have a mechanical shift lever and an automatically applied EPB. Others with auto-applied EPBs include Ford, GM, Volvo and Mercedes – in other models.

The Amazon-configured vans have an old-school hand-operated mechanical parking brake.

So how is this happening? Drivers are reporting that the transmission was in park, and some maintained that they pulled the mechanical parking brake lever, too. Despite Mercedes’ thoughtful approach to rollaway prevention using vehicle electronics, the problem appears to lie with its mechanical components. According to David Bizzak, a Monroeville, PA-based mechanical engineer who has examined the failure mechanism in several Sprinters, the park pawl, which locks the transmission to prevent vehicle movement doesn’t consistently maintain engagement in the ring gear. This design was intended for use on lighter vehicles, but the heavier Sprinter vans appear to put greater forces on the tapered park pawl, and that added friction can force the pawl out of engagement when under load.

“This transmission has been used in Mercedes’ car line for many years, and to our knowledge there isn’t a rollaway issue with their passenger cars,” Bizzak says. “We believe it may be possible that the heavier weight of the Sprinter van creates a situation in which this disengagement of the park pawl can occur.”

In addition, says Bizzak, the parking brake requires a lot of clicks – like 10 – before it is fully engaged.

It’s difficult to know where NHTSA’s investigation is at. The only documents in the public file are the Opening Resume, and an information request to Mercedes, asking for things like its communications with Amazon, and an explanation why FedEx, which also uses Sprinters, is not having the same problem. We do know that NHTSA was present at an inspection that Bizzak also attended in April 2021 where this park pawl problem became evident.

In the meantime, on December 15, Mercedes filed a recall Part 573 Notice of Defect and Noncompliance report in which it blamed a rare condition it calls a “park lock system error” that could only result in a rollaway if the driver does not put the vehicle transmission in Park and set the manual parking brake. (NHTSA acknowledged the recall on January 7.)  The remedy involves installing revised software in the ESP control unit on the recall population.

The defect could affect as many as 48,000 of 2019 to 2021 Mercedes and Freightliner Sprinter vans, built on Platform 907, between June 05, 2018 and November 30, 2020 with a manual parking brake and a 7-speed automatic transmission that was manufactured between May 1, 2018 and October 31, 2019 in the Hedelfingen transmission plant in Germany. How many out of the 48,000 are so afflicted? Mercedes guesses it’s at 1 percent.

Mercedes mentions two problems: A “rare and temporary park lock function error” it identified during testing, and it “a separate factor” that can contribute to the park lock function error “or enhance the related rollaway risk: the ‘Park Lock Support’ (‘PLS’) function.” The PLS is part of the ESP Control Unit, not the transmission, which “applies continued brake pressure after the vehicle is stopped and the gear selector is placed in ‘P.’” Mercedes could not isolate that cause of the failure, “despite its intensive investigation, multifaceted testing, analyses, and evaluation.”

The PLS applies brake pressure after the transmission is put into Park, so it almost functions like an automatically applied electronic parking brake. The recall notice does not explain how long the PLS is active after putting the transmission into Park, or why it is even necessary for the vehicle to apply hydraulic brake pressure after the driver or the vehicle automatically shifts into Park.    

Or maybe, the PLS is more like a brake hold or hill hold – driver convenience features found on many vehicles – which, if activated, allow the driver to take their foot off the brake while at a temporary stop, like at a traffic light or on an incline. Brake Hold / Hill Hold features apply  hydraulic brake pressure to the wheels and typically release when the driver depresses the accelerator pedal and resumes travel. Brake Hold / Hill Hold systems requires a running engine to power the hydraulic brake pressure; it is meant to be temporary, and in most vehicles with the feature, the Brake Hold mode only lasts between three and 10 minutes. In many vehicles with an electronic parking brake, the Brake Hold / Hill Hold will automatically apply the EPB after a specified time period, to hold the vehicle in place, or if the driver shuts off the engine and attempts to leave the vehicle while it is being held stationary in Brake Hold Mode.

In either case, Mercedes is doesn’t disclose how it’s resetting the PLS parameters, but the essence of the system suggests that it is creating an EPB-like system using the hydraulic brakes to ensure that the vehicle will remain stationary for some unspecified time – likely the amount of time it takes an Amazon delivery person to hop out of the van, deposit a package on the doorstep and be on the way to the next stop.

The Safety Record has questions why these specific vehicles and these specific transmissions? Had Mercedes already implemented a mechanical or software fix to prevent these rollaways in the vans after Nov. 30, 2020, without filing a Part 573 within five days of deciding that there was a problem with the 2019s?    

Mercedes maintains that the driver has to follow “parking instructions” – in other words, put the transmission into park and get all 10 clicks on the parking brake lever to prevent a rollaway. Why does it matter whether the driver or the vehicle shifts the transmission into Park? According to the Mercedes service description, the Park Lock function is agnostic on the subject of how the Park position is achieved:

Park pawl control, general 

The park pawl is used as an additional safety feature for the parking brake and its purpose is to secure the vehicle to prevent it from rolling away inadvertently. 

The park pawl essentially consists of the parking lock mechanism and the electrohydraulic components located at the rear of the transmission housing. There is no mechanical connection whatsoever between the park pawl components of the automatic transmission and the DIRECT SELECT lever (S16/13) (“Park-by-Wire”).

The park pawl is engaged and disengaged purely by electrohydraulic means, either by operating the DIRECT SELECT lever or depending on various factors such as opening the driver’s door whilst the drivetrain is operational.

 

Is it really the application of the mechanical parking brake that would prevent the rollaways? Is it realistic to think that Amazon deliverers will take the time to set the parking brake scores of times a day with enough force to hold the vehicle and without running afoul of the rabbit on their phones? Why did Mercedes bother with such a comprehensive auto-park algorithm? If the parking brake is the primary park feature, why is this manual design used rather than an EPB that can ensure full clamp load and provide automatic application?

A week later, Mercedes issued a temporary fix and “an important safety reminder.” The former is an update to the PSM module which would sound a horn if the driver leaves the seat without the parking brake engaged. Mercedes says this was tested on some fleet vehicles and is effective.

The latter is one of the nastier blame- the-driver statements we have seen from a manufacturer – and we’ve seen a few. For example, in the late 1970s to early1980s, Ford JATCO transmissions that were experiencing Park-to-Reverse were linked to 306 deaths. In 1977, NHTSA initiated the first of several investigation into the root causes. It found two design flaws and evidence that Fords were at least 12 times more likely to experience Park-to-Reverse than GM or Chrysler vehicles. Ford denied that there was any technical or mechanical defect, and placed the blame on drivers:

…Ford has submitted data to NHTSA data, views, and arguments to establish that no such defect exists. Ford believes that these submissions demonstrate that unexpected vehicle movement is the result of drivers’ inadvertent misplacement of the gear selector lever, can and does occur, though rarely, on all manufacturers’ automatic transmission-equipped vehicles, and is not attributable to any defect in the vehicle design or construction. When unexpected vehicle movement incidents do occur, as they can on any automatic transmission-equipped vehicle, serious consequences may result. Ford believes, however, that such incidents can be avoided if before leaving the driver’s seat, all drivers observe three commonsense steps to make sure the vehicle is securely immobilized. These steps are: 1) properly engaging the transmission system in “park,” 2) setting the parking brake, and, 3) shutting off the engine.

More recently, Chrysler took a swipe at customers who bought one of its products with a Monostable e-shift design. The T-handle style shifter that was located on the center console between the driver and passenger, which looked like a traditional mechanical shift lever, but was activated by depressing a button on the handle and moving the handle rearward or forward – but the handle always returns back the centered/neutral position, which made it easy to misjudge the gear selection.

In April 2016, FCA recalled 811,146 MY 2014-2015 Jeep Grand Cherokees, and 2012-2014 Dodge Chargers and Chrysler 300s, to stave off a NHTSA investigation that was gathering steam.  NHTSA had tested the shifter and found that “the monostable gear selector is not intuitive and provides poor tactile and visual feedback to the driver, increasing the potential for unintended gear selection.” The remedy was the installation of an automatic shift to park feature. The recall notice scolded drivers for failing to heed FCA’s crappy warnings:

FCA US has determined that the existing strategies built into these vehicles to deter drivers from exiting the vehicle after failing to put the transmission into Park have not stopped some from doing so. Drivers erroneously concluding that their vehicle’s transmission is in the PARK position may be struck by the vehicle and injured if they attempt to get out of the vehicle while the engine is running and the parking brake is not engaged. FCA US has therefore determined that the absence of an additional mechanism to mitigate the effects of driver error in failing to shift the Monostable gear selector into PARK prior to exiting the vehicle constitutes a defect presenting a risk to motor vehicle safety.

Mercedes’ statement is more obnoxious by several orders of magnitude and makes the others look subtle. (Read the entire statement.) Here are some of the best parts:

We note that recently there appear to be drivers of Amazon’s Sprinter fleet who continue to refuse to follow important safety guidelines. Most importantly, each and every time an Amazon Mercedes-Benz Sprinter van is parked, the driver must properly shift the vehicle into “park,” set the parking brake per the instructions in the owner’s manual, and otherwise obey all local laws (e.g., turn the wheels to the curb when parking on an incline, etc.). These rules must be followed every time a Mercedes-Benz Sprinter van is parked — there can be no exceptions. Following these rules is critical to prevent vehicle roll-aways, and the risk of serious personal injury and/or property damage that accompanies them…. we continue to observe instances of drivers buckling their seatbelts improperly, in an effort to try to “trick” the system into thinking the driver is properly using his/her seat belt. For example, seatbelts are pulled behind seats then buckled or otherwise buckled outside of the proper normal fashion around the seat occupant. This not only is illegal under applicable local law, it also is terribly unsafe, and must never occur, as it can result in serious injury.

Mercedes went on to say that it has been begging Amazon to implement this horn honk.

Hmm, why wouldn’t Amazon want their branded delivery vehicles to be honking all the time, waking up napping babies, interrupting Netflix shows and generally annoying their customers? Will Amazon’s drivers follow those safety rules, including setting the manual parking brake every time with enough force to prevent rollaway, while under constant pressure to meet their insane schedules? Videos of these deliveries show that some drivers, racing to meet deadlines don’t close the van door as they dash out to leave a package.

The better question is: Why doesn’t Mercedes put a more robust parking pawl in these delivery vans loaded with packages?

 

 

Hyundai-Kia’s Billion Dollar Engine Problem that Broke the NHTSA Civil Penalty Barrier

A federal judge in California has put one class-action lawsuit in peril and approved a settlement in another alleging defects in Hyundai and Kia engines. The Korean automaker’s billion-dollar-plus legal liability is on top of the largest civil penalty the National Highway Traffic Safety Administration has ever levied against an automaker. The language of the consent agreement was opaque, but the public record is clear.

On May 11, U.S. District Judge Josephine L. Staton approved a $1.3 billion settlement that consolidated several 2017 and 2018 nationwide class action lawsuits, alleging that Hyundai Kia refused to recall vehicles with the Theta II GDI engine, even though the automaker knew the engine was defective. Representing 3.9 million owners of Hyundai Sonata, Santa Fe, and Tuscon vehicles, and Kia Optima, Rio Sorento, Soul and Sportage vehicles, roughly in the 2011 to 2019 model years, the plaintiffs charged that the Theta II GDI was prone to catastrophic failures and non-collision fires, which exposed vehicle owners to safety hazards and economic losses.

This ruling comes on the heels of Judge Staton’s dismissal last week, with leave to amend, of another California class alleging that Hyundai/Kia vehicles with Gamma 1.6L Gasoline Direct Injection engines were defective – different engine, same complaints: stalling, excessive oil consumption and fires. Judge Staton ruled that this complaint, filed in August 2020, failed to assign a cause to these symptoms other than poor manufacturing quality. 

And, six months earlier, NHTSA announced a whopper of a civil settlement with Hyundai Kia – $210 million – the agency’s largest penalty ever. It stands out because it’s been a minute since NHTSA has imposed any meaningful penalties on manufacturers uninterested in following safety regulations. The watershed years were 2014-2015, when the agency, with former Administrator Mark Rosekind at the helm, issued 10 consent orders totaling more than $530 million against a variety of manufacturers, including Hyundai, Honda, GM, and Fiat Chrysler, mostly for untimely recalls and failing to submit Early Warning Reports. But perhaps, with the Trump administration gone, it feels safe to regulate and enforce again.

(NHTSA kicked off 2021 with a $30 million penalty against Daimler Trucks North America following a 2018 investigation into seven recalls that were launched in 2017 and 2018. According to the Consent Order, the agency charged that, based on Daimler’s chronologies of events, it failed to launch timely recalls. In addition, the agency said, Daimler failed to produce timely information — including field reports — to NHTSA as it conducted a recall query. The agency opened Audit Query 18-002 in April of that year to examine four recalls that involved semi-trucks, school buses with wheelchair lifts, and recreational vehicles. Later, NHTSA expanded it to include three more recalls – two of which were expansions of earlier recalls.)

What did the Korean automaker do to earn such a righteous slap? The Consent Order only mentions “inaccuracies” and “omissions” in its communications with the agency and a failure to launch timely recalls involving more than 1.6 million Hyundai and Kia vehicles suffering from a manufacturing defect that allowed metal debris to cause premature wear of a bearing that could lead to an engine stall.

But the troubles of Hyundai Kia vehicles with Gasoline Direct Injection (GDI) engines are much more complex than that. Over the last five years, millions of Hyundai and Kia models have been the targets of four different investigations, class-action lawsuits, extended warranty programs, a product improvement campaign, and 10 recalls to deal with defects that cause stalls and non-crash fires attributed to a variety of causes. Even as Hyundai Kia agreed to pony-up to settle the class-action and NHTSA’s allegations of untimely recalls, it remains under agency scrutiny for non-crash fires plaguing many models in its fleet.

According to Hyundai, its troubles began in April 2011, when its Montgomery, Alabama, assembly plant changed the way it removed machining debris from the crankshaft of the new Theta II GDI engine. Hyundai had invested four years and $147 million developing the Theta II. Car and Driver described its launch as “the next step towards [Hyundai’s] bold goal of becoming the fuel-economy leader.” Unveiled in 2009, the 2.4-liter GDI’s first application was the 2011 Sonata.

But, once in the field, Hyundai saw its warranty numbers rise, as customers filed claims for excessive noise, an illuminated check engine light, and – to a lesser extent – moving stalls. Hyundai wasn’t overly concerned, it later told NHTSA, because the majority of those customers did not mention the speed of the vehicle at the time of the stall and they were also able to restart their vehicles and/or move the vehicles to the side of the road.

By June 2015, the complaints to NHTSA’s VOQ database were approaching heights that caught the agency’s attention, and it reached out to Hyundai. The automaker conveyed its lack of concern – a feeling NHTSA did not share, especially in the case of a high-speed stall.

In September 2015, Hyundai recalled 470,000 Model Year 2011-2012 Sonata vehicles equipped with 2.4L and 2.0L Theta II GDI engines. Hyundai described the defect as metal debris generated while manufacturing the engine crankshaft being left in the component’s oil passages. Over time, these metallic bits could be “forced into the connecting rod oiling passages restricting oil flow to the bearings,” reducing the flow of oil and possibly raising the temperatures. This condition could lead to premature wear of the connecting rod bearing, eventual failure, and a vehicle stall. The remedy for this defect was an engine noise inspection, which consisted of moving the vehicle to a quiet place and positioning a mobile tablet near the steering wheel to assess the engine sound. An algorithm – unexplained in the repair instructions – determined if the vehicle passed or failed the inspection. The latter got a new engine; the former got a new dip stick and an oil top-off.

At the same time, Hyundai extended the warranty for the engine short block assembly for all recalled vehicles, plus the net two model years that had been manufactured at the Montgomery plant – in other words, they launched a silent recall.

Kia also had Optima, Sorento and Sportage models equipped with 2.4L and 2.0L Theta II GDI engines, but it took no action in 2015 because it checked its Theta engine manufacturing process, which involved a separate assembly line using different procedures, and found no issues, with “extremely low” rates of warranty and field claims.  

Over the next 18 months, according to chronologies Kia and Hyundai submitted to NHTSA, they continued to monitor the issue. Kia contracted engine manufacturer Translead to conduct a detailed review of Kia warranty-returned engines. Translead identified an oil delivery issue, but the claims rate was still low, so Kia did nothing.

In May 2016 — Kia told NHTSA — it learned about Hyundai’s extended warranty program for the Sonatas (Really? It took eight months before they knew about that?) and took another look at the field data. The claims were still low, but picking up as customer satisfaction eroded under the high repair costs for out-of-warranty vehicle owners. Kia also decided to extend its warranty to all 2011-2014 Optima owners with 2.0 or 2.4-liter GDI engines to 10 years or 120,000 miles – in other words, it did a silent recall.

The field data for Theta GDI engine claims for the 2011-2014 Sportage and Sorento vehicles was also rising – although by not as much as the Optima. In August 2016, Kia decided to launch another silent recall covering those models. Kia encouraged owners who heard engine knocking sounds to bring their vehicles in for repairs, but dealers were turning away anyone who could not produce their oil change records.

That same month, Hyundai engineer and 26-year company veteran Kim Gwang-ho, flew to the U.S. to meet with NHTSA officials. Kim, a member of Hyundai’s Quality Strategy team, which makes recall decisions, alleged serious safety lapses involving the Theta GDI engines. Citing an internal quality report, Kim raised his concerns that the 2015 recall did not cover the entire population of affected vehicles in the U.S. and South Korea. He also stressed thatthe problem was also related to the engine design, not just a manufacturing defect.

Throughout the fall, Kia determined that its customer mailing list was out-of-date and the extended warranty notices were not reaching consumers, and it did a second mailing. By December, the VOQ data showed that people who complain about a stall still have enough motive power to get to the side of the road. Complaints were also dropping as its customers become aware of “remedy and free repair” offered in the silent recall.

Likewise, Hyundai continued to monitor engine-related field data during 2016 and into 2017. Despite having blamed the problem on a manufacturing process that it had long-ago corrected, Hyundai was tracking a rise in claims for engine replacement in later model years related to substantial noise or illuminated check engine or oil pressure warning lights, or stalls at higher speeds. By March 24, 2017, Hyundai decided to convert the silent recall for the remaining 2013 and 2014 Model Year Sonatas to an actual safety recall (17V-226), and to add the Santa Fe Sport vehicles manufactured at the Montgomery plant, which were having the same problems. Total recall population – 572,000 MY 2013-2014 vehicles.

Coincidentally, four days later, Kia launched its own recall (17V-224) for 443,825 MY 2011-2014 Kia Optima vehicles; 165,918 MY 2012-2014 Sorento vehicles; and 8,417 MY 2011-2013 Sportage vehicles, “based on anticipatory risk concerns.”

Also coincidentally, both described the defect in near identical language – metal debris from factory machining, leading to restricted oil flow to the main bearing, engine knock and an illuminated oil pressure warning light, and causing eventual failure and a stall. Neither explained why machining debris was still afflicting engine assembly lines even though Hyundai supposedly fixed it, and Kia never had the issue to begin with.

Given its inside intel from Kim, NHTSA was understandably suspicious of these unconvincing Part 573 Notices of Defect and Non-compliance, and in May 2017, opened a Recall Query to determine if Hyundai and Kia met its regulatory burden of issuing these recalls within five days of learning of a defect.

Something’s Burning

While NHTSA was digging into Hyundai Kia’s stall issues, the Center for Auto Safety was collecting instances of non-crash fires in an overlapping population of vehicles that shared the Theta II GDI engine. In June 2018, CAS petitioned NHTSA to open an investigation into the Hyundai MY 2011-2014 Sonata and Santa Fe vehicles and Kia MY 2011-2014 Sorento and Optima vehicles. The non-profit cited 120 consumer fire complaints filed to the agency’s VOQ database and another 229 VOQs of melted wires, smoke, and/or burning odors. 

The agency obliged, opening a Defect Petition investigation in August 2018 covering 2.2 million vehicles. The Opening Resume noted that the majority of the reported fires appeared to be related to the engine failures in the recall queries.

In October of that year, CAS publicly called on Hyundai and Kia to recall those vehicles, plus the 2010-2015 Kia Soul, charging that the incidents were ongoing and occurring with greater frequency and intensity. Since their initial request to NHTSA, CAS said, it had tallied an additional 103 fire reports, equaling almost one fire a day across those five models.

Litigators entered the fray, filing multiple multi-district class-action lawsuits. Under pressure from the regulators and the plaintiffs’ bar, Hyundai Kia began rolling out the recalls:

In December 2018, Hyundai/Kia launched a safety campaign involving more than 218,000 vehicles covered by the 2015 and 2017 recalls that received the engine replacement repair because the high-pressure fuel pipe may have been damaged or improperly installed, allowing fuel leaks that could lead to fires.

In February 2019, Kia recalled 378,967 2012-2016 Souls with 1.6-liter Gamma GDI engines for an overheating catalytic converter. Kia blamed faulty ECU logic for the Catalytic Overheating Protection, which could allow the high temperature of exhaust gases to damage the catalytic converter and cause abnormal engine combustion, leading to engine piston damage and rod breakage. Eventually, oil could escape the engine block, contact the hot exhaust surface, and start a fire.

It was, no doubt, a good effort. But not enough to deter NHTSA from bumping up the Defect Petition investigation to a Preliminary Evaluation (PE19-003) in March 2019. By that time, the agency counted — between its own VOQs and Hyundai/Kia reports — 1,341 non-crash fire complaints, with 26 injuries.

There is very little in the public file related to the search for root causes. But, suffice it to say, the inquiry sent Hyundai Kia in a lot of different directions. Between February and December 2020, the automaker launched 11 investigation-influenced recalls covering more than 2.5 million vehicles to address non-crash fires in a wide variety of models for a variety of causes — leaky fuel feed lines, short-circuiting ABS modules and ABS brake hydraulic electronic control units, and rod bearing failures. A December Kia recall for 295,000 Sorento, Forte, Koup, Optima Hybrid, Soul and Sportage vehicles made little attempt at a defect description. The Part 573 merely states that “an engine compartment fire can occur while driving for many reasons and depending on the severity of the fire, the identification of the cause can be untraceable.”

Yes, there are “many reasons” why NHTSA fined Hyundai Kia $210 million in November even if you can’t read about them in the consent agreement. Meanwhile, the NHTSA investigation into non-crash fires remains open.

As for the nearly 4 million Hyundai/Kia owners represented in the consolidated MDL, the $1.3 billion settlement includes free diagnostic Knock Sensor Detection Software, which continuously monitors engine performance for the symptoms that precede engine failure; a Lifetime Warranty covering all costs associated with inspections and repairs; reimbursements for any out-of-pocket costs borne by owners who had their vehicle repaired outside of or before the recalls; and loss of value payments.

The Theta II was intended to be the engine that rocketed Hyundai Kia’s cars to the top ranks of fuel efficiency. Instead, it broke federal civil penalty records. Theta, the eighth letter of the Greek alphabet, denotes a variety of mathematical and scientific concepts, such as a plane angle in geometry, an unknown variable in trigonometry, and a potential temperature in meteorology – to name a few of the easier-to-grasp representations. Within the engineering circles at Hyundai and Kia, it might as well represent the engine from hell.