The Persistence of Rollaway

In the last three months, two auto manufacturers recalled more than a million vehicles with defects that can cause a failure to lock the vehicle in Park, allowing it to roll away.

Last week, Ford recalled more than 504,000 2013-2014 Escape and 2014-2016 Fusion vehicles over deteriorated bushings that could detach from the transmission shifter cable, allowing the driver to move the shift lever to Park and remove the key, when the transmission is not actually in the Park position. On June 18, Fiat Chrysler recalled 240,242 Chrysler Pacifica minivans because the plastic plug over its Manual Park Release – which allows the driver to override the gear selection – could be pried off without the use of a tool, as required by regulation. A driver could too easily access the release and set the SUV to roll. In April, Ford also issued two safety recalls for nearly 350,000 new F-150 pickup trucks and Expedition SUVs because a roll pin attaching the park pawl rod guide cup to the transmission case was not installed in some of the vehicles, causing the transmission to eventually lose the Park function even when the shifter and instrument panel display indicate that the vehicle was in Park.

Recalls and investigations going back to the 1970s show that rollaway is a persistent and diverse problem. Broken parts, like pawls and rods, still dominate as root causes. But technological changes, such as keyless ignitions and new electronic transmission gear shift designs (e-shifters) have expanded the map. For example, FCA’s notorious Monostable e-shifter, linked to at least 266 crashes, 308 reports of property damage and 68 injuries, was criticized for confusing drivers about the gear state. The design proved so troublesome, FCA abandoned it in the Dodge Charger and Chrysler vehicles after the 2015 model year and in the Jeep Grand Cherokee in the 2016 model year.

In the last decade, NHTSA opened 18 investigations and automakers have launched 93 recalls related to vehicle rollaway. While the causes vary, today’s e-shifters and Electric Parking Brakes (EPBs) give automakers options to prevent it. EPBs have been available for a decade, and can prevent rollaways caused by mechanical failures and driver error. Vehicles with e-shifters can be designed to include automatic Park engagement when the driver doesn’t shift the vehicle into Park. While these features have been available and in use for many years, they still aren’t widespread enough in the U.S. fleet.

New Ways to Rollaway: Novel Shifters

One of the new root causes of rollaway in the modern automobile are new shifter designs that confuse the driver about the state of the transmission. Fiat Chrysler Automotive (FCA) has amply demonstrated the bad consequences of poor transmission shifter design with the introduction of the Monostable and dash-mounted rotary dial shifters.

With the former, the driver changing gears must depress a button on the shift lever and move it to the gear position, then the lever springs back to a centered/neutral position. The gear is displayed on the lever and on the dashboard. In an investigation, NHTSA found that the Monostable shifter was “not intuitive and provides poor tactile and visual feedback to the driver, increasing the potential for unintended gear selection.”

The rotary dial design suffered from poor placement on the dash. Some drivers complained that the interface was “awkward” and it isn’t always clear if the vehicle was actually in Park.  

Chrysler began installing it on the Dodge Ram in 2013, and added it to other models, such as the Chrysler 200 and Chrysler 300. The rotary shifter is located on the instrument panel with the PRNDL displayed both above the shifter control and in the Electronic Vehicle Information Center. Drivers must press the brake pedal to shift out of Park or to shift from Neutral into Drive or Reverse.

The rotary dial shifter’s placement has drivers confusing the knob with another instrument panel control – the radio volume knob. Last month, some sharp-eyed Reddit users and auto website Jalopnik had some fun with a Chrysler Pacifica commercial that showed the driver mistakenly turn the rotary shifter, when she means to turn down the radio volume. (Chrysler Pacifica Commercial Appears to Show Actor Using Transmission Shift Knob to Adjust Volume

Actress Kathryn Hahn plays a mom rocking out to Fergie, as she waits in the school pick-up line for her children. About 25 seconds into the clip, as her children open the car door, Hahn hurriedly reaches to turn down the music – only she turns the rotary shifter – not the radio volume.  

Others complained that the rotary dial itself was confusing, leading them to mistakenly leave the vehicle in reverse, when the transmission was actually in Drive. According to one 2014 Ram 1500 owner in Ivyland, Pennsylvania:

I am sending this complaint regarding the gear selector knob that I believe poses a safety concern due to the 5 or 6 times that I have exited my vehicle while it was running and still in gear. On a few occasions I thought that I turned the gear selector knob to park when I actually turned it to reverse. I opened the door and began to exit my truck when it began to roll backwards. I have a 2010 ram with a normal shift selector lever and never had this issue. I thought that it might take a little time to get used to the knob style, but after 20 months, I am still having issues. I have spoken to others with this style knob and they have experienced the same issue. Each time this occurred was in my driveway either getting the mail or to run into the garage to get something.

Regardless of the way the driver executes a shift, the Monostable and rotary dial don’t physically move the gearshift into a detent.  They send a gear request from the driver via the Controller Area Network (CAN) bus to the Transmission Control Module which then makes the requested shift. In the last three years, these FCA e-shift controlled transmissions have been the subject of recalls, investigations and technical service bulletins. The complaints indicate the possibility of both electronic and mechanical defects.

NHTSA has opened investigations on both of these e-shifters. (See Chrysler’s Shifty Shifter and the Wacky World of Defects and Fiat Chrysler’s Transmission Woes Continue)

New Ways to Roll Away: Keyless Ignitions

Keyless ignition vehicles have also increased the opportunities for rollaway by initiating human errors. In these systems, the “key” is the invisible electronic code which is delivered to the vehicle via the plastic fob. Once the code, via a radio signal, enters the ignition, the fob’s engine activating job is done. You can still use the fob to lock and unlock the doors and trunk, or remotely start the vehicle, but the fob does nothing to turn the car off. The driver must press the Start/Stop button, physically put the transmission in Park and open the driver’s door.

Thus, you can kill the engine, forget to put the transmission in Park, and walk away with fob.

Federal Motor Vehicle Safety Standard 114 Anti-Theft and Rollaway requires a vehicle to be locked in Park or automatically lock into the Park position as a condition of removing the key. But in 2006, as NHTSA amended the standard to address electronic ignition systems, it helped manufacturers avoid actually implementing transmission designs that automatically perform the function by giving them a crib sheet. In the Final Rule, the agency noted:  “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.”

And manufacturers did just that – concocting complicated strategies to keep the vehicle in compliance while keeping the driver utterly clueless about the state of the vehicle and ignoring the actual intent of FMVSS 114. Many, many keyless systems address the scenario in which the driver remembers to turn the engine off, but forgets to shift into Park, by reverting the vehicle’s power state to Accessory Mode. That means that some of the vehicle’s electrical functions, such as the radio or headlights still work, and more to the point, the “key” is still in the ignition, while the fob may be tucked into a purse with or a pocket on the driver, miles away.

Most automakers bury this information somewhere in the 500-plus pages of the owner’s manual, so the driver is effectively ignorant of the status of the “key.” Regulations require automaker to warn the driver via an audible or visual warning that the key is still in the vehicle. Most also warn the driver that the transmission is not in Park – because that is a condition of removing the “key” from the vehicle’s ignition module. But many vehicle warnings are poorly executed – visual telltales that will be missed because the driver is not looking at the dash while exiting, or chimes that sound exactly like other vehicle warnings. 

To avoid angering customers who might return to a car with a dead battery, automakers designed systems that automatically turn the power off if the engine is off, but the vehicle ignition is in accessory mode for a pre-set number of minutes. However, in many vehicles this scenario will leave the transmission in whatever gear the driver left it in, free to roll.

In 2011, NHTSA published a Notice of Proposed Rulemaking, in attempt to clean up the mess they made in 2006. The NPRM recognized that the current keyless ignition systems had led to driver confusion, resulting in vehicles left running and/or out of the “Park” position. It also acknowledged that under the current designs, drivers can and do exit the vehicle without the transmission locked in Park, and sometimes without actually turning off the engine. The NPRM noted that the lack of standardization in combination with the lack of visual and tactile cues about the status of the vehicle engine has set the stage for the real world incidents.

The proposal adds a requirement for an internal and external alert that the driver and bystanders can hear when the vehicle is not in “Park”’ and the driver exits the vehicle – unless the transmission becomes locked in “Park”’ as a direct result of key removal upon door opening, or upon removal of the key code carrying device from the vehicle. (See Keyed Up With Anticipation: Smart Key Hazards Still Unresolved.) 

The NPRM, which was criticized by industry and advocates alike for its non-scientific approach, has not advanced in nearly seven years. But recently, four Democratic U.S. Senators: Bob Casey (D-PA), Dick Durbin (D-IL), Tammy Duckworth (D-IL), and Bill Nelson (D-FL) wrote to NHTSA calling the delay unacceptable and urging the agency to finalize the rulemaking. The senators focused their attention on the CO deaths and injuries associated with keyless vehicles: 

“NHTSA’s lack of action has allowed other automakers to state publicly that their keyless ignition systems meet or exceed all relevant federal safety standards, despite the known and unaddressed dangers. This difference in response across the auto industry highlights the importance and necessity for a federal standard to be established and enforced without further delay,” they wrote.

Broken Parts

The majority of vehicle rollaways are caused by a wide range of mechanical, software and electronic failures. Out of a total of about 160 rollaway recalls since the 1970s, the vast majority are related to material or manufacturing deficiencies. Numerous vehicle components, such as the brake-to-shift-interlock failures, and drive shaft and axle can breakages, have led to a rollaway. In addition, vehicle software and electrical circuits can introduce problems that lead to the same condition. Consider these four recalls from the past few years:

  • In December 2015 Ford recalled 1,170 Transit vehicles from the 2015 model year equipped with dual rear wheels were mis-manufactured. An analysis of fractured drive shafts obtained from some of these vehicles found indication of unacceptable material grain flow during the forging process that could lead to axle fracture. A fractured axle could result in a loss of motive power or unintended vehicle movement when the transmission shift lever is placed in the Park position without the parking brake applied.
  • In May 2017, Volkswagen recalled five Audi Q5 vehicles with a gearbox manufacturing defect. Volkswagen stated that when the shift selector is moved to the Park position the gearbox may not engage the parking pawl, leading to a false park and potential for a rollaway.
  • In July 2017 FCA recalled 7,802 2017 Dodge Challengers for a software flaw that could inhibit the transmission from maintaining mechanical Park when the shift lever is moved to the Park position. FCA described the problem as Transmission Control Module software that “introduced longer clutch pressure vent gradients to improve shift quality. A longer clutch pressure vent rate increases the rate at which these vehicles may set a P1DDD fault. Setting a P1DDD fault will result in the vehicle automatically shifting into a 6th-gear limp mode instead of PARK.Vehicles experience P1DDD when venting the clutch pressure takes longer than 1.25 sec and too many clutches are still engaged.”“When a P1DDD fault is set the shifter will show “D”, the instrument cluster will show “D”, the instrument cluster will show a warning message “Service TransPress Brake When Stopped Key Off Engine to Engage Park”, and a repeating audible chime will sound. If the door is opened a “Vehicle Not In Park” message will also be displayed, the EVIC will alternate between the two messages and continue to chime.”
  • In November 2017 Toyota recalled 2018 model year C-HR vehicles because an oxide film could form on the electric parking brake (EPB) motor, as an open circuit, when the EPB has not been operated for a while. ECU identification of the open circuit would result in illumination of warning lights and a message displayed which states: “EPB Malfunction. Visit Your Dealer.” The condition could cause the parking brake to fail to release and in some cases, it can prevent the parking brake from being applied.

Rollaway Countermeasures for the Modern Age

Keyless ignition vehicles will only become more ubiquitous. Who knows what thrilling new transmission shifter will start a whole new round of automotive mayhem?

In the meantime, the industry has had two countermeasures at its disposal to keep a vehicle in place: the electric parking brake in tandem with auto-hold features. The electric parking brake has been around since at least 2001. According to a 2015 press release from supplier TRW, FCA was among the automakers who have implemented this feature: “ZF TRW was first-to-market with its EPB system in 2001, which pioneered with Lancia, Audi and VW and has since launched on Renault, Nissan and Daimler platforms, and more recently on the BMW X4 and BMW i8, Jeep Renegade, Fiat 500X, Ford F150, Honda Accord, Nissan Qashqai, Range Rover Evoque and more.”

EPBs replace manual parking brakes to hold the vehicle stationary on hills and flat roads.

They have been touted as the more economical choice, both in terms of interior space and per-unit cost. The manual parking brake lever or foot pedal was replaced by a small switch, and there were fewer mechanical parts to wear out:

“With EPB, the driver activates the holding mechanism with a button and the brake pads are then electrically applied onto the rear brakes. This is accomplished by an Electronic Control Unit (ECU) and an actuator mechanism. There are two mechanisms currently used in vehicle production, cable puller systems and caliper integrated systems, such ZF TRW’s EPB. In caliper integrated systems, the brake caliper provides a connection between hydraulic actuation of the foot brake and electrically actuated parking brake. The motor or transmission unit (actuator), which operates the parking brake, is screw-fixed directly to the brake caliper housing. The parking brake is actuated via a switch in the vehicle interior. The absence of a hand brake lever frees up space inside the vehicle. With no hand brake cables, there are no temperature problems (such as freezing) or mechanical wear, offering optimum brake power in all conditions.”

 

The improved passive safety features included various versions to keep vehicles from rolling. For example, one article notes: “On the other hand if the driver forgets to apply the park brake it may be programmed to operate automatically, if the gear select lever is in Park or Neutral and the seat belt is released as the door is opened. Not all manufacturers offer this sort of facility.”

TRW’s auto-park feature specifically applies the parking brake in scenarios in which the vehicle transmission is in a gear other than Park and the driver opens the door to exit. According to a 2002 technical paper by a TRW engineer: “Another conceivable function is an automatic application command if the driver leaves the driving seat when the vehicle is at a standstill (e.g. detected by seat-occupant detection or the door switch).”

Some manufacturers use this type of technology. For example, the Hyundai Genesis, as far back as 2010, has a feature called Auto Hold in models with the Electric Parking Brake (EPB): “The AUTO HOLD keeps the vehicle stopped after the driver brings the vehicle to a complete stop with the foot brake and releases the brake pedal.”  The AUTO HOLD doesn’t operate when the driver’s door is open and/or the Shift lever is in Park. However, it automatically switches to the EPB in a variety of scenarios, including: “the driver’s seat belt is unbuckled and the driver’s door is open.”

In the 2014 model year, FCA added a similar feature to the Jeep Cherokee: “Safehold is a safety feature of the Electric Park Brake System that will engage the park brake automatically if the vehicle is left unsecured while the ignition switch is in RUN.” For automatic transmissions, the park brake will automatically engage if the vehicle is at a standstill, there is no attempt to depress the brake pedal or accelerator pedal, the seat belt is unbuckled and the driver door is open.

In the 2016 Monostable shifter recall campaign, Fiat Chrysler fixed the rollaway problem in some of its vehicles by installing a different strategy – also called AutoPark. FCA describes it “is an enhanced securement strategy which places the vehicle in “PARK” if the driver attempts to exit the vehicle before placing the rotary gear shift selector in the “PARK” position.” Rather than apply a parking brake, this feature – which can be included in any vehicle with an E-shift control and minimal software, is used by other manufacturers, actually moves the transmission into the Park position. FCA also added this feature to the 2017 Dodge Ram.

As more vehicle makes and models employ electronic shifters or add electric parking brakes, it may be possible to reduce the number of rollaway incidents. In the meantime, rollaway caused by design errors (including those that increase the likelihood of operator error), manufacturing defects and mechanical failures will continue to wreak its unique form of property and human damage.

NHTSA’s King Side-Steps Keyless Question

Heidi King is probably going to be the 16th administrator for the National Highway Traffic Safety Administration. But this week, the agency’s current deputy administrator took some heat from the U.S. Senate Commerce, Science and Transportation Committee at her confirmation hearing over a variety of unresolved safety issues – including keyless ignition.

Under intense questioning from Sen. Richard Blumenthal (D-Conn.) about the “defective” design on most keyless ignition systems, King declined to commit to moving the agency forward to a Final Rule on Federal Motor Vehicle Safety Standard 114 Anti-Theft and Rollaway. The agency published a Notice of Proposed Rulemaking in December 2011, which would have required automakers – among other things – to install louder, and more uniform audible warnings to alert a driver who exits with the fob and inadvertently leaves the vehicle engine running.

King avoided a direct answer to Blumenthal’s request that the agency resume rulemaking, investigate all of the carbon monoxide poisoning deaths attributed to keyless vehicles, and raise the profile of this issue among the public.

“Absolutely on number 3,” King said. But she was purposefully vague about agreeing to further actions.

“As you know, it’s heartbreaking, but hundreds of Americans die from carbon monoxide poisoning each year because of combustion and confined spaces, she said, later adding: “We will continue to [sic] scrutinizing the facts and acting as we are allowed within the law.”

Safety Research & Strategies has been studying the carbon monoxide and rollaway hazard issues introduced by keyless systems with push-button ignitions since 2009 and sharing its findings with NHTSA. The Safety Record has been reporting on issue since 2011, breaking stories about the 2014 NHTSA compliance probe into keyless systems ( NHTSA Opens Smart Key Compliance Probe)  and more recently, GM’s quiet implementation of automatic engine shutdown feature (General Motors Quietly Installs Keyless Engine Shutoff ). But it was a recent front-page New York Times story on the safety issues that keyless ignition that re-ignited the discussion about finalizing the rule and investigating CO deaths tied to keyless ignitions.

One note The Safety Record thought that everyone ought to hit a lot harder is that three automakers that we know of – Ford, GM and Fiat Chrysler – have installed automatic engine shutoffs on at least some of their keyless models. Manufacturers hated NHTSA’s 2011 proposal because they thought the decibel level for the audible alert that would be required was too loud. Automakers are loathe to implement features that annoy their customers – it’s a thread of concern that continues to show up. That’s why an automatic engine shut-off, set for a reasonable length of time is a good engineered solution. The software fix is inexpensive modern vehicles contain all the required hardware to make this happen.  

In 2011, the agency rejected the possibility of such a regulation, arguing that they couldn’t pick an interval after which the vehicle would automatically shut down. But maybe it’s time to re-think that. Or maybe the agency will follow a time-honored tradition and wait long enough for 90 percent of the industry to do it voluntarily, and then publish a new Final Rule.

King is slated to replace former NHTSA Administrator Mark Rosekind, who resigned nearly 16 months ago, after two years at the agency’s helm. While there, he garnered a reputation as the most aggressive enforcement chief since Joan Claybrook in the 1970s. Under Rosekind, the agency racked up record civil penalties, and took over administering the massive Takata inflator defect recalls.

Yet, Rosekind left a raft of unfinished items, prompting Blumenthal and Sen. Ed Markey (D Mass.) to ask King about the status of 10 Congressionally mandated rulemakings on issues ranging from motorcoach safety to side impact tests for children’s car seats.

President Donald Trump appointed King as Deputy Administrator in October, and she has been acting as interim head of the agency since. An economist and research scientist, King returned to government service after a three year stint as Global Director of Environmental Health and Safety Risk for GE Capital. King also worked as a Regulatory Policy Analyst for the Office of Management and Budget (OMB) from 1998 to 2000 and from 2007 to 2011, under Presidents Clinton, George W. Bush, and Obama. She was the Chief Economist for U.S. House Energy and Commerce Committee from 2011 to 2013.

Some in industry are prepared to welcome her. At a recent tire industry conference, Tracey Norberg, of the U.S. Tire Manufacturers Association praised King, noting her “experience with economics and science. When they brief her, she asks tough questions,” Norberg said. “It will be good to make sure there are policies that benefit industry move forward.”

 

Tire Industry Declares End to Era of Recall Apathy

If one listened closely in the Sonesta Hilton Head Resort meeting room at the 2018 Clemson Global Tire Conference, one could hear the strains of Kumbaya, as the Tire Industry Association and the U.S. Tire Manufacturers Association announced a new alliance to address the longstanding problems of the tire recall system. They didn’t announce much else.

The occasion was a half-hour presentation on the tire registration and recall system at the mid-April conference by David Martin, category director of tools and supply for American Tire Distributors Inc., and the current TIA president and John Evankovich, director of Sam’s Club Tire and Battery Centers, and TIA board secretary.  

TIA Executive Director Roy Littlefield introduced their talk with a confession: “Tire registration the most emotional issue for tire retailers. We now have over 10,000 members and we have seen an incredible increase in membership because of the emphasis on tire registration and recall. We have to look at how current technology can improve a system that has been outdated from the beginning.”

Then, Martin and Evankovich devoted most of their talk to recounting the regulatory history of tire registration. Nearly a half century of TIA and USTMA indifference to the system that is the foundation of the recalled tire recovery effort has produced correspondingly dismal rates – an average of 30 percent, compared to the 72 percent and above rates for recalled vehicles, equipment or child restraints. That’s because for most of the regulation’s history, the two lobbied to offload their responsibilities onto each other, or dump everything on the consumer. For example, in the early 1980s, tire dealers persuaded Congress to remove them from the tire recall system – the regulations only required dealers to hand their customers a registration card to be filled out and returned to the manufacturer.

But in 2015, the Fix America’s Surface Transportation (FAST) Act brought their existential struggle out into public view. The FAST Act compels NHTSA to write regulations requiring independent dealers to maintain customer tire purchase information and electronically transmit those records to tire manufacturers. The former Rubber Manufacturers Association (now USTMA) lobbied hard for that. The TIA won a provision requiring the Secretary of Transportation to examine the feasibility of requiring tire manufacturers to include an electronic TIN on every tire.

“You would not think you would see the TIA and the USTMA standing together,” conceded panelist Jay Spears, Continental Tire’s Director of Standards and Regulation, during a Q & A session. “We did not have the same opinion and we fought it out in public, which is not a good look for anyone.” 

While NHTSA quietly works on its Congressional to-do list, the USTMA and the TIA decided to it might be better to work together. Their discussions, described as “eye-opening,” led to the revelation that understanding each other’s perspectives was critical toward reaching a solution.

Interspersed with the history lesson were a number of comments on the system’s failures. Evankovich noted that the system is still basically a paper-and-pencil system: “The fact is if you look at it today and where we started – it’s basically the same – we are using the same technology. Things have not changed very much.” (In 1970, advanced technology consisted of liquid crystal displays and pocket calculators.)

Martin admitted that the industry had not done a good job training tire techs and sellers to properly register tires: “Education and outreach – There’s been a lack of real lack of getting the information out to installers so they will understand the proper process. We’ve just been sending out cards and it hasn’t been effective.”

But the session did not focus on solutions. When asked if a unique identifier for each tire would benefit the recall process, Martin only noted “it was a consideration that has been discussed,”

The group agreed that the solution would be rooted in technology which would impose costs on manufacturers and retailers alike, but no one would venture an opinion on what either would be.

“Both sides know that technology isn’t free,” says Evankovich. “There is going a cost associated with  whether it’s from technology that goes into a tire, whether it’s from [point of sale systems] that can handle advanced capabilities, whether it’s a scanner to scan TIN numbers, I don’t think any one answer is 100 percent right today.”

For the consumer and for the service technicians, the bottom line is this: there are too many ways for old or recalled tires to stay or be mounted on a vehicle, with catastrophic consequences. This is a problem created by both the tire sellers and the tire manufacturers, who have not supported a workable system to accurately register all tires, to ensure that manufacturers have all the data, and to provide a comprehensive, easy or quick way to determine if a tire has been recalled.  While the FAST Act requires NHTSA to create a tire recall Tire Identification Number (TIN) look-up, it has not done so yet. In the meantime, the USTMA launched one in November 2017, but only its eight members participate, so it’s not complete.

And on the subject of tire age, consumers and tire techs can choose from a set of confusing options. Most auto manufacturers have set six years as the recommended service life limit on tires. Some in the rubber industry argue that tires are ageless; some have declared a 10-year service life.

In a March deposition, a TIA official testified that if a full-size spare will be used as a replacement tire, the shop should check to see if it has been recalled. Really? Only check the full-sized spare? What about the rest of the damned tires?

These are flimsy, ad-hoc standards of care, being created in the vacuum left by the flimsy, ad hoc tire registration and recall system.

The Safety Record Blog has been writing about aged tires and the broken tire recall and registration system, if you want to catch up, follow the links below for a sampling:

RMA Launches Feel-Good Tire Recall Database

Improving the Recall System for the 21st Century

The Wrong Fix for the Broken Recall System

"Aged" Tire Case Numbers Grow: Spares and Used tires Top the List

Not Very FAST Act Tackles Recall, Tire Issues, Closes Rental Loophole

The Safety Record Blog means it sincerely when we say that it’s nice to see that manufacturers and tire retailers finally admit that the current system sucks and that it hasn’t advanced technologically since (if you are old enough) you played Pong. But we are less jazzed about the Goldilocks-like looking-for–the-technology-that-is-just-right attitude toward action. Consumers have been waiting 48 years for the industry to commit itself to taking unsafe tires off the road, and we guess they’ll have to wait some more.

General Motors Quietly Installs Keyless Engine Shutoff

In 2011, when the National Highway Traffic Safety Administration was considering countermeasures to the carbon monoxide hazard introduced by keyless ignition systems, it flat out rejected the idea of an automatic engine shut-off.  The agency argued that there was no good way to come up with a rule that would include a set time for the engine to shut itself off if the driver exited with the fob and inadvertently left the engine running.

“There are scenarios, such as leaving pets in the vehicle with the air conditioning or heating system on while the driver shops or is at a restaurant, where an automatic shut off of the propulsion system would have adverse results. It is our understanding that some drivers may stay in their vehicles for hours, for example, to sleep, with the air conditioning or heating system on. For the pet owner or the person staying in the vehicle for an extended period, it would be inconvenient if the propulsion system had to be restarted every 15 minutes or so,” the agency wrote in the NPRM.

Of course, the agency could have come up with a performance standard in which an idling vehicle in an enclosed space could only generate so many ppm of CO – whatever could lead to dangerous levels seeping into an adjoining structure – or some variant. But never mind – that’s not the news here. By Jove, now two major automakers have figured it out, over-heated puppies and car-nappers notwithstanding. And one of them – General Motors – kept this information from its customers for four years!

Both Ford and GM first implemented automatic engine shut down features in some of their MY 2013 vehicles.

According to owner’s manuals, Ford’s Automatic Engine Shutdown system automatically “shuts down the engine if it has been idling for an extended period. The ignition also turns off in order to save battery power. Before the engine shuts down, a message appears in the information display showing a timer counting down from 30 seconds. If you do not intervene within 30 seconds, the engine shuts down. Another message appears in the information display to inform you that the engine has shut down in order to save fuel.”

GM’s Extended Parking feature works this way in the 2015 Chevy Tahoe:

Extended Parking It is better not to park with the vehicle running. If the vehicle is left while running, follow the proper steps to be sure the vehicle will not move and there is adequate ventilation. See Shifting Into Park 0 259 and Engine Exhaust 0 261. If the vehicle is left in P (Park) while running and the Remote Keyless Entry (RKE) transmitter is outside the vehicle, the vehicle will turn off after one hour. If the vehicle is left in P (Park) while running and the RKE transmitter is inside, the vehicle will run for two hours. At the end of the second hour, the vehicle will turn off. The timer will reset if the vehicle is taken out of P (Park) while it is running.”

Based on GM technical service descriptions the earlier versions of Extended Parking allowed the vehicle to run in two 2.5 hour cycles, for a total run-time of five hours – if the fob was still in the vehicle while the engine was left running. The automaker eventually reduced it to two one-hour cycles in some models and two 1.5 hour cycles in others.

Ford didn’t exactly make a public relations splash when it added the automatic engine shut-off in the 2013 Ford Edge, Ford Fusion Titanium and Titanium Hybrid and the Lincoln MKZ, but at least it included a description of the safety measure in the owner’s manuals.

GM, according to service descriptions, implemented an engine shutdown feature in the 2013 Buick LaCrosse, Verano and Regal, the Chevy Cruze and Malibu and the Cadillac ATS, SRX, and XTS, without so much as a whisper to drivers. GM continued to expand the application of what it eventually branded the “Extended Parking Feature,” until all of its vehicles had it in 2017. Then, GM included a description in its owner’s manuals. 

Why the big secret?

Curiouser and Curiouser

Let’s push some timelines together.

In February 2009, Mary Rivera, a former college professor, suffered permanent brain damage when she unknowingly left her Lexus ES 350 idling in the garage beneath her home.  Her partner, Ernest Cordelia, died of CO poisoning.

(SRS began researching this issue in 2009. In August 2010 we met with the agency to express our concerns, and have submitted comments to the 2011 FMVSS 114 docket. SRS repeatedly emphasized to NHTSA that “the introduction of electronic keys in combination with push-button ignition systems has introduced new scenarios under which a driver can exit the vehicle, key fob in hand with the motor running, or with the engine off but the vehicle in a gear other than park. With today’s quiet engines, drivers can leave a vehicle, travel great distances from the vehicle with the key in their pockets while the engine is running or the transmission in neutral – all without being aware that they have done so. As we are seeing from owner complaints and litigation, the marriage of electronics with ignitions and locks have resulted in unintended consequences: carbon monoxide poisoning, rollaway crashes and easy thefts allowing manufacturers an erroneous – and as far as the consumer is aware – secret definition of the key that allows drivers to mistakenly believe that when they exit the vehicle with the fob, the engine is off and the vehicle transmission locked in the Park position – is antithetical to the spirit and letter of FMVSS 114.” You can read them here.)

In early 2009, SAE formed the Keyless Ignition Subcommittee in response to safety concerns and “concern regarding the myriad different ways manufacturers are implementing keyless ignition features,” as described in NHTSA’s Notice of Proposed Rulemaking to fix the hazards introduced by keyless ignition systems. “The committee consisted of experts in the study of how humans interact with machines (human factors experts) and designers of keyless ignition systems from auto manufacturers and suppliers,” according to the NPRM. Ford and GM each had a representative on this committee.

As we’ve said many times, the great downside to electronic key systems is the transition of the key from a physical object to an invisible electronic code – the average consumer doesn’t really understand this, and conflates the fob with the key, because you need the former to start the vehicle, and because manufacturers brand the fob with names like Smart Key, or the visual alerts in the vehicle say “Key not Detected” in reference to the fob. However, unlike a traditional key, the fob plays no role in turning off the vehicle. When a driver is standing in his kitchen with a traditional car key in his hand, it is certain that the engine is off and his vehicle transmission is in Park, because you can’t remove the key otherwise. A driver holding a key fob in his hand has no such assurances. In many models, you can turn the engine off with the transmission in any position, and in all keyless vehicles you can take the fob with you, leave the motor running, and it will not turn off, just because the key fob is out of range – contrary to what many believe. No, for that you need an engineered software solution.

In the fall of 2010, stories about carbon monoxide deaths begin to circulate in the mainstream press, first, the September 2010 death of Chastity Glisson in a keyless Lexus IS250 and in November, the New York Daily News broke the Rivera story.

In January 2011, SAE issued its recommended practice J2948 for keyless ignition controls “based on the subcommittee members' experience with their company's vehicles and systems, knowledge of consumers' comments about the operation of the systems, knowledge of human factors engineering and, in some cases, knowledge of proprietary studies done during the development of their products (actual data was not shared with the group),” according the NPRM.

SAE J2948 noted four “errors” drivers might make: the inability to start and stop the vehicle propulsion system; exiting the vehicle with the automatic transmission in a non-parking gear; exiting the vehicle while the vehicle propulsion system is enabled; and exiting the vehicle while the vehicle propulsion system is disabled, but the accessory or electrical systems are active.”

The intent of the standard is stated as: “to help minimize these errors.”

In December 2011, NHTSA published its NPRM and the Alliance of Automobile Manufacturers, which represents Ford and GM, immediately starts clutching its pearls over the very idea that NHTSA would try to make a rule to address these same conditions that the industry decided to address in early 2009.  

The Alliance proceeded to take a strip off the agency’s hide for attempting rulemaking on “anecdotal evidence,” provided by Vehicle Owner Questionnaires (VOQs) in which consumers reported rollaways or deaths from carbon monoxide poisoning when they mistakenly left their vehicles running. And the Alliance admonished NHTSA to do some human factors testing – even though it’s pretty clear that the automakers themselves didn’t do any before they installed keyless systems.

At the time there are only those two publicly known deaths – both in Toyotas. (Since then, the tally of reported carbon monoxide deaths has risen to 26 – including a couple who died in 2006 carbon monoxide deaths involving a Toyota Avalon.) Notice again that public knowledge follows industry efforts already underway that acknowledged the need to address the hazards of keyless ignitions.

In calendar 2012, both Ford and GM released MY 2013 keyless vehicles with automatic shut-off systems. Ford quietly put the information in the owner’s manuals; GM was completely silent on the issue.

Think about this timing. Given what we know about automaker’s development cycles, a Ford or GM plan to develop and implement an automatic engine cut-off feature was likely already well in the works somewhere between the time the SAE keyless ignition subcommittee convenes and the agency publishes its NPRM – yet its trade representative excoriates the agency for attempting regulations designed to prevent drivers from exiting their keyless vehicles with the fob and the engine running, by mandating what industry considers audible warnings that are too loud. Why? Because buzzers and beeps will annoy customers – a cardinal automotive design sin? Or, because at least two of their major members were quietly installing a much better solution?

And what does NHTSA know? In 2014, the agency launched a compliance evaluation of 2013-2014 keyless ignition vehicles from Toyota, Ford, General Motors, Nissan, Mazda, Hyundai and Kia, to test how their keyless ignition systems operate under different scenarios in which to determine if the Theft Protection and Rollaway Prevention Standard had been violated. Among the population tested: two Fords and all of the GM vehicles had the engine idle shut-off feature. Specifically, the 2013 Lincoln MKZ and the 2013 Buick Verano and LaCrosse and the 2014 Ford Edge and the Buick Regal, Cadillac SRX and XTS. 

In the Information Request sent to each manufacturer, the agency asked: Describe in detail how the Subject Vehicles' engine/motor is stopped or turned off. Include in your response, how hard and long the driver must press the start/stop button, to which device the code or other electrical signal is sent (i.e., immobilizer or engine control unit ("ECU")), and which devices are turned off or deactivated by the ECU (i.e., starter, fuel pump, fuel injection system, etc.). Specify when exactly those devices are turned off or deactivated (i.e. after the engine/motor stop control is pressed to turn off the engine/motor, after the driver's door is opened, etc.)

Did Ford or General Motors include an explanation of the feature in their answers? We’ll venture a guess: No.

Why Does GM Keep It Quiet?

It is odd that GM chose not to tell customers or even dealership techs about this feature, until long after it was implemented in its vehicles.

In 2015, the public learns that GM had an engine idle shutoff feature in the 2014 Volt, as a result of a recall. GM launched campaign 15V145 to retrofit 2011-2013 Chevrolet Volts with software that would automatically shut off the engine after a set time of idling, to prevent carbon monoxide poisoning. The recall states:

“If a driver exits his/her vehicle and inadvertently leaves the vehicle “on” (because the driver fails to react to the cues and warning chimes emitted by the vehicle to alert the driver that the vehicle has not been turned off), after a period of time, the vehicle’s battery will drain and the vehicle’s gas engine will begin to run. If the gas engine runs for long periods of time within an enclosed space, such as a garage, carbon monoxide could build up in the enclosed space and potentially cause injury.”

The automaker’s Part 573 submission to NHTSA noted that it had initiated an investigation in August 2014, allegedly after a single customer complaint about the build-up of carbon monoxide in a garage caused by the engine inadvertently left running. (GM told Automotive News that it was aware of two carbon monoxide injuries.)

And here’s where it gets weird. In GM’s defect chronology, which accompanies all Part 573 submissions, the automaker wrote: “it was determined that the 2014 model year and beyond Volts contain software that automatically shuts down the vehicle after being left idle in a run state for a specific amount of time.”

Now, by MY 2014, Buicks, Cadillacs and all of the Chevrolets had an automatic engine shutdown feature – a significant subset had had it since calendar 2012 (MY 2013)! Yet, GM talks about a disembodied discovery, like it had no idea that it had been systematically installing an engine shutdown system through its carlines since 2012.

Its defect chronology continues:

“GM’s Safety and Field Action Decision Authority (SFADA) concluded that, because the investigation revealed customer error in leaving the vehicle in a run state was the primary factor contributing to the condition, and considering the warnings provided to the driver that the vehicle was left running and the low number of complaints relating to this issue, the appropriate remedy would be a customer satisfaction program to update the vehicle software to power down the vehicle if the vehicle was left running for an extended period of time.”

Super weird that they only want to do a customer satisfaction campaign because of bad, bad drivers, since, clearly, GM had long ago decided that this was a hazard, and had engineered a solution that had been implemented more than two years earlier in non-hybrid vehicles, where there isn’t even the possibility that the quiet electric powered motor will revert to the gasoline engine, if left running long enough.

According to the GM defect chronology, they only decided to move to a recall, at NHTSA’s suggestion. Did NHTSA know that GM already had a cut-off feature in so many of its models?

The next time GM publicly reveals the existence of this feature in other vehicles is to its dealers and their technicians in a series of technical service bulletins that appear to begin in 2015. Did the absence of an explanation for this feature lead to customer complaints about the engine shutting down? An examination of consumer complaints to NHTSA shows that drivers with models that employed the 2.5 to 5 hour run strategy in the earlier versions of the Extended Parking feature complained that their vehicle did not shut down. This driver of a 2014 Buick Verano was so frustrated, he filed two different complaints with NHTSA:

“This is my second complaint. My wife forgot to press the stop engine button again because of a distraction.  As a result she burned a quarter tank of gas while she was gone from the vehicle. Why is there not a safety shut off like the ten minute shut off in remote start mode? If this was in my integral garage I could be dead from carbon monoxide. Is this another shove it under the rug like the GM key scandal. Since so many vehicles are going to this technology why hasn't this been looked at? My wife is only 61 and in good health. What of the older folks with problems to do?”

The Preliminary Information technical bulletins to GM service technicians inform them that “Some customers may comment that the engine stops running after extended idle with shifter in Park.” No repair is required, the bulletin states – just educate the customer about the existence of the extended parking feature.

So, customers didn’t know, the dealership techs didn’t know, GM’s Safety and Field Action Decision Authority apparently didn’t know.

And what does NHTSA know about this? If they’ve been paying attention, they know from the TSBs that GM filed with the agency

How many other automakers have secretly added this countermeasure? 

 

Read The Safety Record Blog prior coverage on Keyless Ignition here

 

 

Seat Heaters Still Too Hot

In October 2014, Keith and Tammie Jo Smith took a two-hour car ride from Pine Bluff, Arkansas to their home in Bastrop, Louisiana. According to a complaint filed in U.S. District Court, in Monroe Louisiana, as he exited his 2008 Chevrolet Suburban, Keith Smith put his hands on the driver’s seat and noticed that it seemed unusually hot to the touch. But, he never noticed it while driving, because an on-the-job injury had rendered Smith a paraplegic since July 1991.

That night however, when Keith undressed to bathe, his wife noticed that the skin on his left buttock appeared to be burned. When the Smiths sought medical treatment, they learned that Keith had suffered severe burns, requiring extensive medical treatment and reconstructive surgery. Keith’s paraplegia already made his skin vulnerable to break down, and even after multiple procedures, he still had to be monitored every day for redness, blisters, and other signs of skin breakdown, the complaint alleges.

Subsequent tests of the Suburban’s seat heater found that the surface temperature could get as hot as 140ºF (60ºC).

In 1947, a pair of Harvard researchers A.R. Mortiz and F.C. Henriques Jr. conducted seminal research on the effect of hot temperatures on human skin. Studies of Thermal Injury II:  The Relative Importance of Time and Surface Temperature in the Causation of Cutaneous Burns, is the source of every voluntary and many internal manufacturer standards, covering heated products – from pulse oximeters to vehicle seat heaters. Moritz and Henriques examined the relationship between time and temperature using pig skin first, then human skin, along with mathematical modeling. They found that in the humans, the lowest surface temperature responsible for cutaneous burning was 44ºC (111ºF) when exposed for six hours. As the contact temperatures increased above 44˚C, the time to damage is cut in half for each 1˚C rise in temperature up to about 51˚C (124˚F). 

Despite this well-established threshold, some automakers are still designing seat heaters to work in ranges that exceed it, are still manufacturing seat heaters that clearly get much hotter in places than their design specifications, and are still foregoing simple countermeasures that their peers have been implementing since the 1980s. These design failures have led to burn holes in clothes and seat covers, minor burns to some and severe and permanent injuries in occupants with lower body sensory deficits, such as diabetics, paraplegics, quadriplegics and individuals with neuropathy.

In February 2011, Safety Research & Strategies, with support from Dr. David Greenhalgh, a nationally recognized expert in burn surgery and burn care, and chief of burns at Shriners Hospitals for Children in northern California, and other members of the burn rehabilitation community, called upon the National Highway Traffic Safety Association, the Alliance of Automobile Manufacturers and the National Mobility Equipment Dealers Association to address this issue. (See It’s Time to Make Seat Heaters Safer) In a Safety Record Blog post, we wrote:

"With no government or industry-wide standards, manufacturers have installed a variety of seat heater systems – some that reach temperatures significantly above human tolerances or have no automatic shut-off mechanism – or both. While most drivers know when to turn a hot seat off, occupants with lower body sensory deficits don’t feel the burn. The medical literature has been documenting serious and permanent burn injuries from car seat heaters to occupants with paralysis or diabetes since 2003. Disabled motorists have been complaining about the problem to NHTSA since, at least, 2002. The industry’s response has been to bury a warning in the owner’s manual. NHTSA’s approach to seat heater defects has been: no flames, no problem. These are preventable injuries – and it’s time government and industry began preventing them."

A Lack of Substantive Action

While we heard nothing from the Alliance or the mobility dealers, NHTSA responded that it would encourage the Society of Automotive Engineers to devise a voluntary standard.

In January 2016, SAE International issued Recommended Practice J3047.

“Recommendation for Acceptable Operating Parameters of Heated Automobile Seats in Order to Mitigate Occupant Injury” was written to “promote a temperature and duration guideline that mitigates the risk of thermal injuries to the heated seat user,” and include visual cues that the seat heater is on, and warnings in owner’s manuals for users with lower body sensory deficits. The practice included an equation that included the time in hours and the threshold temperature to achieve a first degree burn, with a maximum setting at 43ºC. Like all voluntary standards, the threshold was based on the work of Moritz and Henriques, and ISO 13732, which provides temperature threshold values for burns that occur when human skin is in contact with a hot solid surface, but does not set surface temperature limit values. The practice suggested a few strategies automakers could use to ensure that seats did not exceed the threshold: using an ECU to monitor the heater system via a thermostat or temperature sensor, or set the maximum operating temperature to 43 °C, or install an auto adjustment feature that turns the heater down or off before it exceeds the time/temperature threshold.

Indeed, some manufacturers have used lower maximum temperatures and shut-off timers since the 1980s. The 1995 Volvo 850, the 1996 Mercedes-Benz E-Class, the 2006 Ford F-150, the 2007 Dodge Charger, and the 2008 Ford Mustang use shut-off strategies. The 1983 Volvo limited the seat surface temperature to 86˚F; the 2006 Saab limited the seat temperature to 104ºF.

But the automakers that have lagged their peers in adopting designs that prevent seat heaters from overheating have done little else.

Dr. Greenhalgh says his team continues to see burns – particularly affecting diabetics – from the heat output of vehicle HVAC systems, but has not treated any seat heater burn cases lately.

“It’s been quite a while since I’ve seen any activity,” he added.

But, other doctors have – recent civil complaints show that incidents continue to occur. For example, in November 2016 after a two-hour drive, a paraplegic living in Memphis, Tennessee, alleges that he sustained severe burns on his buttocks and scrotum caused by the seat heater in his 2013 Kia Sorento SX. In August 2015, Wayne Butler of Harris Heights, Texas alleges that he was severely burned in his 2008 Chevrolet Silverado during a 30-minute drive, in which the seat heating system generated temperatures over 130ºF.

In 2003, Dr. Greenhalgh and his colleagues, Drs. Pirko Maguiña and Tina L. Palmieri wrote Car Seat Heaters: A Potential Hazard for Burns, which presented the case of a 48-year-old paraplegic who sustained third-degree burns on his buttocks after driving for 20 minutes with the seat heater on. The researchers tested the seat surface temperature of a Chrysler Town and Country vehicle and found that that one of the vehicle’s four heating panels reached a localized temperature of 120°F. At this temperature third-degree burns can occur within 10 minutes.

“The car seat heaters should never reach these temperatures,” they wrote in the Journal of Burn Injury Rehabilitation. “Because there is no warning light on the dashboard to signal when the heaters are ON, patients with impaired sensation may not be aware that the car seat heater is on. In addition, the heating elements should have a control device to turn them off when they overheat. The seat heaters could be improved if they offered a temperature control instead of just an on/off button that sets to maximal heat every time. Most importantly the seat heaters on every car should be tested to prevent accidents with heaters that come defective from the factory.”

Seven years later, Dr. Kenneth Diller, a member of the SAE sub-committee that wrote the standard, and a defense expert witness who teaches biomedical engineering at the University of Texas’s Cockrell School of Engineering; chastised Greenhalgh, Maguina and Palmieri alleging they misinterpreted Moritz and Henriques research,  by stating that at 120ºF  “third-degree

burns can occur within 10 minutes.”  Diller argued that the Moritz and Henriques data showed only second-degree burns would result at that time and temperature.

“Although this article has now been in the literature for many years, it is not too late to set the record straight regarding the scientific basis of the recommendations therein. Hopefully, professionals working in the field of seat heater design will have a more accurate guide to consider in determining the criteria for the regime of safe operation.”

The trio’s reply, published in the same issue, schooled Diller on the details of the Mortiz and Henriques experiments, showing that they had accurately used that foundational research and had made no errors in their conclusions. They noted “the patient discussed in the article clearly suffered from a third-degree burn as a result of using a car seat heater. That patient, being a paraplegic, was at a higher risk than most people for a burn injury because of lack of sensation and pressure to the area, both of which increase the risk of any injury…The burns that we treat, just as we described for the person in our car seat heater report, are real. Burns often lead to lifelong scars and occasionally, deaths.”

Greenhalgh says that the attack was odd: “People write papers and disagree, but not in that way. There’s theory and then there’s the real world, and it was very surprising for someone to be so vehement in making a big issue of telling people in the burn world that burns don’t hurt people.”

One Jury Verdict, Lots of Settlements

In the last decade, attorney Daniel DeFeo, based in Kansas City Missouri, has handled more than 20 civil liability cases in which a plaintiff with lower body sensory deficits suffered serious and permanent injuries.

In the course of his casework, DeFeo has tested seat heaters from several different automakers, and found that all exceeded the recommended threshold in places, hitting temperatures of 120-150ºF in spots. He’s also identified basic design errors in the two types of seat heater designs. The wire-grid style seat heater used in older model vehicles tends to develop hot spots near the seat bite, where the seat heater wires join with vehicle’s wiring harness. Or, the wires can become fatigued and short out. Newer vehicles use a forced hot air system, in which warmed air is circulated through a network of ducts in the seat. In those designs, hot spots can develop at the exhaust ports.

In either design, if the seat’s thermostat is located away from the hot spots, it will not accurately regulate the surface temperature as required by the manufacturer’s own standards or by the medical community’s recommendations that seat temperatures not exceed 105 º F, DeFeo says.

The vast majority of seat heater cases have been settled before trial. One exception was a $500,000 verdict for the plaintiff in a California case. Erica Davis, a paraplegic who became the first woman to reach the summit of Kilimanjaro in a wheelchair and the 2012 National Paratriathlon champion, suffered severe burns from her thigh to her buttocks from a malfunctioning seat heater in 2009 Chevrolet truck. In 2013, Davis successfully sued the dealership Chase and Shellworth Chevrolet. General Motors, which assisted the dealership in its defense, issued a statement in response:

“Although it was not a party to this case, GM believes the seat heater in Ms. Davis' vehicle is safe and performed appropriately. While respecting the jury's verdict, GM does not believe the seat heater caused Ms. Davis' alleged injuries.”

That’s a typical defense, says DeFeo.

“They defend them with the fictional argument that it’s not a burn, it’s a pressure sore. It creates a question of fact,” he says. “They don’t have a credible defense. In some cases, their own specifications prove the defect in their designs.”

GM is a case in point. In deposition testimony in the Smith case, two GM experts on seat heater design have conceded that that GM’s design parameters allow a maximum temperature for its seat heaters that are within the temperature/duration range that will cause burns to occupants. One of the experts, Louis Carlin, a Senior Technical Expert in Engineering Analysis in GM’s Global Vehicle Safety division, acknowledges that it is possible that the seat surface temperature could get as high as 46ºC and it would still be within the GM design specifications. In addition, Carlin acknowledges in his deposition that a person in contact with the seat for up to 8 hours can burn at temperatures lower than 46 ºC.

Other GM employees such as Ray Bush, the former manager of the GM’s mobility program, agreed in an April 2014 deposition, upon reviewing photographs, that the wounds of one victim were “severe “burns, and  “I think if I was the engineer or the person  responsible, I certainly wouldn't want to cause injury to anyone.”

DeFeo finds it perplexing that automakers like GM have relied on owner’s manual warnings, added in the latter half of 2010, rather than add a time-out feature to their seat heaters or recommend to the customers in their mobility programs that the seat heater be disconnected.

The burns suffered by para- and quadraplegics usually occur in the area of the ischial tuberosities – boney bumps located on the back side of the ischium, three bones that form the pelvis. And because of their unique risk of developing pressure sores, para- and quadriplegics are many more times at risk of skin breakdown after a severe burn. For clients that had active lifestyles, an encounter with an over-heated seat forced them to give up leisure activities such as horseback riding, skiing and hunting.  

Terry Cole, a successful businessman, and an incomplete paraplegic (his spinal cord was bruised, rather than severed in 1976) had gone to China in 2006 for stem cell treatments, which restored his ability to grip a ball, stand, and take a few steps on his own. But in November 2007, Cole was severely burned by the seat heater in his 2007 Cadillac Escalade on a 45 mile trip from a riverboat casino in Caruthersville, Missouri to his home in Sikeston.  His recovery forced him to lay on his side for three months, putting him back in his pre-treatment condition.

In 2009, he sued GM, Amerigon, the seat heater supplier and Sapaugh Motors, which sold him the Escalade. The GM bankruptcy stayed the litigation against the automaker, but the case against the other two defendants proceeded, with GM providing legal guidance. DeFeo says that the case ended in a mistrial after Amerigon violated the court’s orders by injecting false testimony into the trial. The judge also imposed monetary sanctions against Amerigon, and the Cole case settled before a second trial.

“Terry Cole lost everything he had gained,” DeFeo says. “It’s major damage, it’s the plastic surgery, it’s pain, it’s expensive. It’s a significant life-changing injury and they will have skin breakdown again.”

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Is Goodyear Headed for NHTSA Sanctions?

Six years after Goodyear’s efforts to conceal the defects of its G159 truck tire enraged a U.S. District Court judge, NHTSA appears ready to take its own bite out of the tiremaker’s hide.

To close out 2017, the agency opened a Preliminary Evaluation into the field performance of the tire, based on claim and complaint data obtained via “a court order authorizing the release of Goodyear records to NHTSA.”

As loyal readers of this blog know, that case is Haeger v. Goodyear, one that we’ve written about in our decade of coverage on the G159s trail of destruction. (See links below to The Safety Record’s G159 coverage.) 

In June 2003, LeRoy and Donna Haeger, along with their son and daughter-in-law, Barry and Suzanne Haeger, of Tucson, Arizona were on their way to a medical symposium in New Mexico, when the right front tire – a G159 275/70R.22.5 – on their Spartan Gulfstream Class A motorhome, suffered a catastrophic tread separation. The steer axle failure caused the motorhome to become uncontrollable and it careened off Interstate 25 and down an embankment, where it came to rest on its side. Barry Haeger escaped with minor injuries. But his parents and wife were all pinned under parts of the collapsed motorhome and all suffered major injuries that included multiple fractures, head trauma and nerve damage.

The case, filed in Arizona U.S. District Court in 2005, morphed for more than a decade from a mere product liability case to an indictment of the G159 tire on a motorhome, and of Goodyear’s sleaze-ball trial tactics. (For an easy-to-follow outline of the case, read our Haeger v. Goodyear Timeline.)

At the heart of the controversy was a titanic discovery battle that resulted in fraud charges, career-ending attorney sanctions, a U.S. Supreme Court decision, multiple settlements, and it rages on, still.  In the meantime, LeRoy died of cancer in 2008, still blamed by Goodyear for the crash. Donna Haeger is now in her 80s, and Suzanne Haeger still struggles with partial use of one arm, a permanent injury from the crash. All of the survivors are still coping with the stress of prolonged litigation.

What got NHTSA’s interest was a Moby-Dick of a fact that the Haeger’s attorney, David L. Kurtz sought for 12 years, as relentlessly as Captain Ahab hunting a whale: The failure rate of the G159 on motorhomes. It turns out to be phenomenally high.

Kurtz represented the Haegers in two actions against Goodyear. The first was a civil liability lawsuit filed in U. S. District Court in 2005 and settled confidentially in 2010 without any disclosure of significant Goodyear documents, even though Kurtz suspected that Goodyear had been less than forthcoming. The second lawsuit, filed in Arizona Superior Court in 2013 and, again, confidentially settled in 2017, alleged fraud. In June 2010, Kurtz learned through a Safety Record Blog story that Goodyear had disclosed internal heat and speed tests performed on the G159 in Florida case, Schalmo v. Goodyear  (See Goodyear G159 Tire Failures on RVs Finally Dragged into the Public Eye). Armed with that knowledge, Kurtz began to pry the most complete record of G159 failures ever seen outside of Goodyear’s General Counsel office.

By January 2017, Kurtz had forced Goodyear to disclose all of the liability lawsuits: 41, from 1999 to 2010; all of the deaths and injuries: estimated to be 98; all of the property damage claims: more than 600; and all of the warranty adjustments: 3,484. The last piece of the equation – how many out of the 160,000 G159s produced were placed on motorhomes – came a year ago.

In 2006, Goodyear submitted information about the G159 to NHTSA as part of an investigation into Toyo tires. The agency opened Engineering Analysis 05-011 in July 2005 to probe front tire failures in 1995-2000 Country Coach Allure and Intrigue Class A motor homes equipped with Toyo s 275/70R22.5, 275/80R22.S or 12R22.5 (load range H) tires. The Office of Defects Investigation sent peer information requests to Michelin, Goodyear and General Tire in search of a basis of comparison. The agency told Goodyear that it was trying to determine the approximate “failure rates” due to tire blow-out, tread separation, abrupt loss of air, and the like, for front tires manufactured and sold by Goodyear and installed on Class A RVs; and on other vehicle applications.

Hmm. What are the odds that Goodyear gave the agency complete information?

The agency also asked for the number of tires in the specified size or size ranges that Goodyear sold each year since 2000.

All of the peer responses were deemed confidential, so it took Kurtz a while to get Goodyear’s response – through NHTSA via a court order. With this information, Kurtz was able to estimate that only a quarter of the total universe of G159s sold to the motor home market between 1996-2003. With a denominator of 40,000 and a numerator of at least 600 publicly disclosed property damage claims, according to Kurtz, the parts per million failure rate – as typically expressed – of the G159 is somewhere around 15,000 Goodyear representatives have testified that a typical ppm is 3.4 ppm, so a ppm of 15,000 would be beyond extraordinary.

(Only NHTSA or the courts can reveal the data that will bring decision to the calculation. One thing is clear, the rate will be off the charts.)

A Brief History of the G159

Goodyear began producing the G159 in 1996, the design was intended for use on delivery trucks, predominantly traveling on in-town roads making frequent stops. But the tire was also marketed to the motorhome market, because like a delivery truck, Class A motorhomes had six tires and a similar weight capacity. But the reasons behind the dual-market decision are murky, because Goodyear engineers knew from internal testing soon after the tire was offered for sale that the G159 could not withstand the prolonged heat build-up of long-distance highway driving common to RV users.

Goodyear performed at least 26 tests on the G159: crown durability tests, bead durability tests, heat rise tests and DOT endurance tests – most of which were conducted after tire was put on the market. For example, four of the heat rise tests were conducted in April 1996 to “determine the dynamic heat build-up at specific loads, speeds, and inflations.” The tests were conducted on a “67.23 [inch] diameter flywheel.” at 35 miles per hour to simulate highway speed on a road surface and checking the temperature of the tire at certain intervals.

The G159 was developed to withstand temperatures of only 194° F. But testing showed that prolonged use at highway speed could cause the tire to reach temperatures of up to 229˚F, causing a loss of strength in the material components and eventually separation of the tire's structure.

The problems began to appear in the field, almost as soon Class A motorhomes were outfitted with G159 tires. Between 1996 and 1998, RV owners filed 25 tire failure claims Nonetheless, in 1998, as many states raised their highway speed limits to 75 mph, Goodyear raised the G159’s speed rating to keep pace.

In 1999, Goodyear implemented design and compound changes to make the tire more heat-resistant and less prone to tread separations. But this did not stop the flood of failures. Claims rose steadily from 54 in 1999, to 59 in 2000. By the end of 2005, Goodyear had fielded 540 death, injury and property damage tire failure claims, and faced 29 lawsuits.

The constant tread separations forced two motorhome recalls and one customer satisfaction campaign to replace G159s with more robust tires made by other manufacturers.

The tiremaker never told Goodyear about the results of its heat rise test data nor of the tire’s limitations, instead it erroneously advised one of its OEM customers, Fleetwood RV, that “running hotter can take its toll on rubber, and asserted that the average temperature at the belt edge was 160 F at 55 mph, and increased to 185 F at 75 mph.” In November 1998, Goodyear attempted to shift the blame for failure on drivers overloading and underinflating their tires, driving too fast and failing to avoid road hazards. In a letter to Fleetwood, which ultimately tallied 41 tread separations on a G159, Goodyear wrote:

“Fatigue and separation are somewhat allied properties of tire endurance. Both can be adversely affected by excessive conditions of load, deflection, inflation and speed. All of these conditions relate to heat buildup, and heat is the greatest enemy of a tire. Excessive heat will cause a degradation of material properties which in turn can impact the tire's endurance and durability. Tires are designed to perform at specific operating temperatures, which is sometimes called 'equilibrium temperature.' At equilibrium the heat generated within the tire structure is equal to the heat dissipated from the tire surfaces. Exceeding this temperature for short periods of time is not a problem but    exceeding it for long periods begins to cause loss of strength in the material components and eventually separation of the tires structure.”

When Fleetwood questioned whether construction changes in the G159 or the tire’s increased speed rating would account for all of the tread separations, Goodyear wrote:

“A question was raised relative to the possibility of 75 MPH compromising the tire's safety margin. Goodyear evaluates the test results and then determines whether to authorize 75 MPH or keep the tire at 65 MPH. To date if a tire did not meet our standards, the tire remained at a maximum speed rating of 65 MPH. In the case of the tire in question, the tire performed to the level that satisfied our high speed requirements and we approved the tire to 75 MPH.”

In June 1999, Fleetwood recalled 17 Class A American Heritage motorhomes because of inadequate total front tire weight capacity. The company replaced the G159s with a larger Michelin XZA 275/80R22.5. On October 1, 1999, Fleetwood again recalled its 275/70R22.5 Goodyear G159 tires, this time on some 3,400 Class A models made in 1996 to 2000 after four incidents involving two fatalities. The crashes Fleetwood reported to NHTSA occurred on September 15, 1998; July 7, August 29 and September 9, 1999.

According to pleadings in the Haeger case, the Monaco Corporation – another G159 OEM – received a similar set of explanations for the rash of tread separations its customers were experiencing (a total of 93) in August 2000. The failures eventually forced Goodyear to release a Product Service Bulletin announcing that the Monaco Coach Corporation would be issuing a letter to owners of 1999, 2000 and certain 2001 Windsor model Class-A motor homes offering to replace their G159 275/70R22.5 tires with 295/80R22.5 LR H, G391 tires.

Again, Goodyear blamed consumers:

“The letter will inform the customer that it has come to Monaco’s attention that in a number of instances, it was found that tire air pressure was being reduced in order to gain better ride comfort and in doing so tires were operated in an under-inflated and overloaded condition,” the Goodyear bulletin said. “In the interest of customer satisfaction, Goodyear and Monaco are offering to replace the original 275/70R22.5 LR H, G159 with 295/80R22.5 LR H G391 tires. The higher aspect ratio tire will allow customers to operate at a lower inflation pressure that will give a more comfortable ride while maintaining tire loading that is within the operating range of the tire.”

By the first month of 2003, Goodyear stopped making the G159. But they continued to fail on motorhomes, accruing deaths and serious injuries.

Defending the G159

Goodyear’s main line of defense from Day One has been concealment, because the tests showing the G159’s unsuitability for motorhome applications and the huge number of tire failures made any other strategy untenable. During its period of manufacture, it failed to inform its OEM customers of the tire’s limitations. The Safety Record doubts Goodyear has been honest with NHTSA. But it has been in the courtroom where Goodyear did everything it could to keep the real story of the G159 under wraps.

Consider the fate of the deposition of Kim Cox – a Goodyear claims administrator who testified in Phillips v. Goodyear, a 2002 injury and property damage case in San Diego.

During Cox’s June 19, 2003 deposition, Cox, allegedly admitted that Goodyear knew that the G159 tire did not “perform properly” on Class A motor homes.”  The admission was so damning, Goodyear’s attorneys swiftly shut down the deposition, negotiated a settlement and arranged for every scrap of the deposition’s existence to be destroyed. Goodyear even unsuccessfully sought sanctions against the Phillips attorney Guy Ricciardulli for even mentioning its existence to another attorney who had a G159 case in Arizona. (see Goodyear Destroys Testimony Admitting RV Tire is Defective; Court Rules Deposition is Not Protected)

Harold and Georg-Anne Phillips made their initial complaint in August 2000, when two of the tires on the left rear side of their Monaco Windsor motor home failed, damaging the rear of the vehicle. Goodyear reimbursed the couple for the cost of replacement tires and for repairs to the motor home. But a year and a half later, the Phillips’ were again the victims of a tread separation crash. While traveling on Interstate 10 in Arizona, the motor home's left front tire failed, causing the Phillips to crash into a roadside embankment resulting in serious injuries and property damage.

Consider the trail of sanctions and frustrated judges who have dinged Goodyear for discovery abuses in at least seven cases involving the G159 and other tires.

Now consider the current NHTSA investigation – extremely late though it may be. Despite Goodyear’s Herculean obfuscations, a pretty good record of this crappy motorhome tire – which, by the way, an internet search shows that you can still buy – has accrued, even though much of the raw source material remains out of the public eye.

How are things likely to go?  

A G159 sells for upwards of $350 – so times 40,000 – that’s roughly $14 million in sales to the motorhome market. We know the Schalmos won a $5.6 million verdict against Goodyear. Now we’re down to $8.4 million. How much did Goodyear pay its National Coordinating Council, Basil Musnuff, and all of the lawyers who carried their water in local jurisdictions in 41 civil actions, or running things up the judicial chain? How much did Goodyear pay out in secret settlements? Warranty losses? How much will it ultimately owe for the Judge Silver’s sanctions in the Haeger case? How much will it pay in the forthcoming federal Consent Agreement?

The Safety Record doesn’t know. But we can guess that the numbers long ago wiped any profit Goodyear made from a boneheaded decision made in 1996 that left so much human damage in its wake.

 

The Safety Record Blog has been writing about motorhome tire failures, the G159 tire and Goodyear’s vicious trial tactics for more than 12 years. If you would like to get caught up, grab a beer, pull up a chair, and take a read:

August 2006 Persistent RV Tire Problems Prompt Fifth Recall; NHTSA Investigation Focuses New Attention on RV Safety

April 2008 Goodyear Destroys Testimony Admitting G159 RV Tire is Defective; Court Rules Deposition is Public

June 2010 Goodyear G159 Tire Failures on RVs Finally Dragged into the Public Eye

Nov. 2012 Pattern of Fraud Brings Down Goodyear

June 2013 The Wages of Fraud

Sept. 2013 Haeger High-Stakes Poker

June 2014 Litigating the Goodyear Way

June 2015 Federal Appeals Court Upholds Goodyear Sanctions

 

 

 

Ford Asks for Takata Recall Pass

On July 10, 2017, Takata recalled PSDI-5 driver air bag inflators containing phase-stabilized ammonium nitrate (PSAN) as a generant and calcium sulfate as a desiccant, which were used in vehicles sold in the United States as original equipment in frontal driver airbag modules. Recall 17E034 affected 2.7 million Ford, Mazda and Nissan vehicles produced between 2005 and 2012.

Takata’s accompanying chronology in its Part 573 Notice of Defect and Noncompliance describes a field recovery program conducted with Nissan and Ford at NHTSA’s request between March 2016 and June 2017, to gather inflators and subject them to a variety of tests. These included live dissections, chemical and dimensional propellant analysis and ballistic testing. Takata reported to the agency that the field-returned inflators had zero ruptures in ballistic test deployments, but that “some within the population analyzed show a pattern of propellant density reduction over time that is understood to predict a future risk of inflator rupture.” It also allowed that “inflator design and vehicle environment differences between the Nissan and Ford inflators/vehicles may influence their aging characteristics.” (Emphasis added.)

Nonetheless, Takata determined, “out of an abundance of caution,” to recall its first-generation PSDI-5 PSAN driver air bag inflators containing calcium sulfate. In notifying NHTSA of a defect and announcing a recall, Takata acknowledged that these inflators represent an unacceptable risk.

Nissan responded by recovering 895 inflators from the field for testing, and acquiescing to the recall without complaint. Ford responded by collecting only 400 inflators from the field, and filing a petition asking NHTSA to declare the affected Takata inflators in its vehicles to be an inconsequential risk to safety. At the same time, Ford requested that NHTSA delay a decision on its petition until the automaker can conduct more testing. Got it? Ford asked NHTSA to declare the inflators in its vehicles safe, but not until Ford does more testing to prove it.

Safety Research & Strategies has submitted comments objecting to Ford’s petition and urging NHTSA to reject it. You can read them here. [Docket No. NHTSA–2017–0093; Notice 1]

Ford argued that 360 live dissections of Ford vehicle inflators demonstrated “consistent inflator output performance — specifically, measurements of ignition tablet discoloration, generate density, and moisture content of certain inflator constituents did not indicate a reduction-in-density trend.”  Ford also maintained that the inflators in its 2006-2007 Ford Rangers were in no danger of failing because it had taken unique steps to prevent  “potential” exposure to moisture: “the inflators contain only two, foil-wrapped auto-ignition tablets (instead of three that are not foil-wrapped), contain divider disk foil tape, and utilize certain EPDM generate cushion material (instead of ceramic) that “reduces generate movement over time, maintains generate integrity, and leads to consistent and predictable burn rates.”

There are so many things wrong with this ask and Ford’s argument, it’s hard to know where to begin, so we’ll start here: First, It has already been established that, with or without drying agents, PSAN is too volatile of a generant – period. PSAN must be used with extraordinary precision and care, or it is likely to over-pressurize, especially when exposed to temperature cycling and moisture. And we know from everything that has been publicly revealed so far that Takata had pretty bad manufacturing processes and lax quality control.

PSAN is the underlying root cause of the ruptures. Takata has affirmed this in a variety of patents filed over two decades. A study, conducted at the behest of Takata and Honda by researchers at Pennsylvania State University’s High Pressure Combustion Laboratory also showed, over Takata’s protests, that PSAN is susceptible to dynamic burning. That means that when the propellant is exposed to sudden pressure increases, it may burn at a much faster rate and at higher temperatures than expected, leading to over-pressurization.

Second, calcium sulfate, used extensively as a commercial desiccant in laboratory use, does not provide any guarantees that the inflator won’t eventually rupture. Manufacturers like it because it’s cheap, stable non-toxic and non-corrosive, but it only adsorbs 10 percent of its weight in water vapor.

Third, we suppose that it’s fine and dandy to reduce the ingress of moisture that can create porosity in the wafers of generant. If that was the only mechanism of failure, Ford might have made a decent argument. Only, it seems that Ford is putting as much effort into keeping up with the science of inflator ruptures as it has been in recovering inflators from the field. Technical experts that served as consultants to NHTSA and Takata agreed moisture intrusion is of lesser importance in inflator ruptures than temperature cycling.

For example, the Exponent report, Investigation of Takata Inflator Ruptures, emphasizes the role of thermal cycling in failure scenarios: “However, even in hot and dry environments like Arizona, the large daily temperature cycles in the absence of significant moisture ingress can also cause propellant degradation over a prolonged period. High moisture content alone in the absence of temperature cycling will not increase degradation.”

NHTSA consultant Fraunhofer ICT and Takata also acknowledged that variances among vehicle types are determinants in whether or how significantly an airbag inflator will deteriorate due to temperature cycling, stating:

“One of the key observations in the analysis of the field return data is that there exists a strong dependence on outcome based on the vehicle in which the inflator was installed. Limited vehicles studies conducted by Takata show variation in inflator surface temperatures between different vehicle types and models, given identical environmental exposure conditions. This temperature variation appears to have some correlation with different field performance of those models, as shown in Figure 19 below. This is not to say that the vehicle is the cause of the issue- only that the vehicle type may influence the rate that the inflator degrades.”

Finally, the death of Joel Knight is a warning about the price of recall delays.

On December 22, 2015, Knight, 52, of Kershaw County South Carolina, was fatally injured in an otherwise survivable and moderate crash when a defective airbag ruptured in his 2006 Ford Ranger.  Knight’s vehicle struck a cow that wandered into the road; the airbag inflator exploded during deployment, causing a piece of metal shrapnel to pierce his neck and spine.

Knight’s death was unwarranted and preventable – this defective Takata airbag inflator type, the Smokeless Driver Inflator or SDI, had already been recalled in 2014 in at least 61 other countries by Honda and Toyota. Those recalls were initiated following ruptures that took the life of at least one other driver – a pregnant woman in Malaysia.  

From June 2014 to May 2015, however, Ford dithered – and never actually recalled the SDI inflators in all of its vehicles.

The automaker issued its first Takata-related campaign as a voluntary field service action for a select group of vehicles in certain model years, which included Ford Rangers.  After July 2014, when a rupture caused by a failed SDI inflator (the very same used in Knight’s 2006 Ranger) killed a pregnant woman in Malaysia, NHTSA requested that Ford replace driver side airbag inflators in Ranger vehicles. Ford launched another regional field service campaign in November 2014 to replace driver side frontal air bag inflators in the 2004-2005 Ford Ranger vehicles.  The action was still limited to Florida, Hawaii, Puerto Rico, and the U.S. Virgin Islands, despite other manufacturers expanding the affected regions, and still, inexplicably, did not include the 2006 Ranger.

In May 2015, Ford finally converted its regional recall for passenger inflators into a nationwide recall after Takata issued a recall requesting such an action, but never converted its recall of SDI inflators from the limited regional recall into a nationwide recall, nor did it recall the 2006 Ranger with the same SDI.

Knight’s death was partly the impetus for a Takata airbag inflator recall of about 5 million vehicles, which would have included the 2006 Ford Ranger. The family of Joel Knight has publicly stated his death would have been prevented if Ford had launched a timely recall. 

We agree.

As other manufacturers have acknowledged to their customers the dangers of defective Takata airbag inflators and have begun to move more actively to recall these components, Ford continues to demonstrate its apathy. It continues to install the same non-desiccated Takata inflators that are the subject of the massive recalls in what NHTSA has dubbed” like-for-like” inflators – which very few other manufacturers are using. In the three years since NHTSA first ordered manufacturers to treat this defect as an urgent public safety issue, almost all manufacturers have procured either desiccated inflators or inflators from other suppliers. Ford sought extensions, telling the Agency that three years was not enough for it to find a safe alternative in sufficient numbers to meet the demand. Owners of these vehicles will have to go into the shop again in early 2020 for another replacement, which could lead to reduced completion rates because owners are frustrated or feel the interim remedy is safe enough.  

Astoundingly, Ford is still telling its customers that the inflators are safe, while Honda has (finally) mounted a full-court press to capture defective inflators – including a door-to-door effort to recovery a particularly dangerous subset of airbags. In contrast, Ford’s webpage entitled, “Frequently Asked Questions regarding Takata Airbag Inflator Recalls,” puts out this bull in response to a query about whether vehicles with recalled Takata airbags are safe to drive:

"Based on currently available technical data, Ford Motor Company understands that the vehicles involved in the recent Takata recall are safe to drive while you are waiting for replacement parts. You should have the repair completed as soon as possible after you are notified that parts are available.”

Ford’s got nerve – we’ll give them that. But one thing they shouldn’t be given is permission to forego the recall. NHTSA should not let Ford play Rupture Roulette with its customers.

CO and Cars: Unfinished Business

In 1975, the auto industry began to equip vehicles with catalytic converters to meet the emission limits of the Clean Air Act of 1970. Sitting unobtrusively between the engine and the muffler, the “cat” changes the noxious gases in automobile exhaust into harmless nitrogen, oxygen, carbon dioxide, and water. The result, according to the National Institutes of Occupational Health, was an 80 percent decline in the number of unintentional vehicle-related deaths caused by the most dangerous byproduct of combustion engines: carbon monoxide. 

But catalytic converters don’t entirely eliminate the CO, so their advent did not eliminate motor vehicle CO poisonings. This lingering safety issue resurfaced in 2009, when keyless ignition systems severed drivers from their relationship with traditional metal keys, making it easy to inadvertently leave their vehicle engines quietly running while CO levels built inside the garage – and then the house. Motor vehicle carbon monoxide poisonings became newsworthy again in 2017, when numerous police departments with fleets of newish Ford Explorer Interceptors (a police version of the Explorer) began to complain that their officers were being sickened in their squad cars. Just last week, WRC, NBC’s Washington D.C. affiliate, broadcast a story showing that the problem affects civilian Explorers, too. The story featured two owners who suffered from the symptoms of carbon monoxide poisoning.  

The truth is: carbon monoxide continues to kill hundreds and sicken thousands of people in the U.S. each year. 

Carbon monoxide is a colorless and odorless toxic gas produced as a by-product of incomplete combustion of carbon-based substances.  It is the most common lethal poison worldwide. When inhaled, CO is absorbed from the lungs into the bloodstream. CO binds with hemoglobin with an affinity of more than 200 times that of oxygen, forming a tight complex with hemoglobin, which impairs the oxygen-carrying capacity of blood. 

How many CO injuries and deaths are caused by motor vehicle exhaust is up for debate, because the data are hard to come by. In 2000, NHTSA’s National Center for Statistics and Analysis updated a 1996 study estimating the number of deaths caused by carbon monoxide poisoning by motor vehicle exhaust. It found that from 1995 to 1997, the total number of fatalities due to CO poisoning was 3,715, with the majority of those fatalities involving stationary motor vehicles; 665 of those fatalities were accidental. A 2002 analysis of U.S. motor vehicle CO deaths from 1968 to 1998 estimated that annual accidental CO deaths from all sources decreased from 1,417 in 1968 to 491 in 1998, with 48 percent of the 1998 deaths attributed to motor vehicles. 

Establishing a link between CO deaths and motor vehicle exhaust using the Centers for Disease Control’s WONDER database, an open access online search system using mortality data drawn from all filed and coded U.S. death certificates, has been stymied by a change in coding practices. In 1999, the International Classification of Diseases coding system dropped the identification of CO sources. 

Nonetheless, a 2004 NHTSA study on non-traffic, non-crash motor vehicle fatalities found “somewhere between 200 and 250 deaths a year that are not known to be suicides result from vehicle-generated carbon monoxide. These types of deaths occur more frequently than deaths from any of the other issues researched.” 

A more recent 2011 study of data gathered from news stories about residential CO poisoning in the United States published between March 2007 and September 2009 found 837 reported CO poisoning incidents, 59 of which were the result of a vehicle left running in the garage. The author, Dr. Neil Hampson, who has published extensively on the epidemiology of CO poisoning,  concluded that household CO poisoning from a motor vehicle left running in the garage “is relatively common.” 

The annual number of CO injuries in a much harder figure to ascertain. In 2011 the CDC, using data from the National Poison Data System (NPDS) to characterize reported unintentional, non- fire-related CO exposures, found 68,316 CO exposures reported to poison centers during 2000-2009. 

Translating exposures to injuries is tricky. The initial symptoms of CO poisoning are nonspecific and vary widely – anything from headaches to fatigue to dizziness and vomiting. Severe exposure can lead to confusion, loss of consciousness, seizure and cognitive difficulties.  Almost half of the people exposed to CO develop delayed neuropsychological responses that can be disabling and sometimes permanent. These effects can develop days or weeks after exposure. 

Petitioning for a Solution

Squishy data hasn’t stopped citizen advocates from asking the National Highway Traffic Safety Administration to require countermeasures to either warn occupants of the presence of CO in the occupant compartment, shut off the engine when it reaches pre-determined levels, or both. Since 1997, there have been three petitions for rulemaking.

In March 1997, Herb Denenberg, an attorney, former professor, journalist and consumer advocate, petitioned the agency to require carbon monoxide detectors to be installed in all motor vehicles, to mandate manufacturers to offer them as optional equipment and to alert consumers in owner’s manuals to the availability and value of installing a carbon monoxide detector.  Denenberg also requested that NHTSA issue press releases and consumer advisories regarding the availability of carbon monoxide detectors. Denenberg cited a December 1993 NHTSA Consumer Advisory showing 353 fatalities that year from accidental carbon monoxide poisoning. His petition asserted that these were preventable deaths, and that manufacturers could install CO detectors in vehicles for about $16 per unit.

Eight years later, toxicologist Albert Donnay, representing a non-profit that  focuses on Multiple Chemical Sensitivity disorders, filed a petition for rulemaking making similar requests: press releases on the dangers of vehicle carbon monoxide poisoning, more research on all CO vehicle-related fatalities, a requirement that manufacturers warn occupants about the dangers of carbon monoxide poisoning in owner’s manuals and install CO detectors in new vehicles, with the capability to cut-off the engine when carbon monoxide levels inside a stationary vehicle exceed a concentration of 200 parts per million.

In his petition, Donnay argued that there was ample evidence that the agency considered motor-vehicle CO poisoning a serious problem, but had abandoned the issue, failing to continue its research, or do more consumer education on the issue, or initiate rulemaking – even though the agency had influenced recalls related to CO exposure and had promulgated rules to address serious, but occasional problems, such as trunk entrapment.

The most recent petition was filed in March 2016 by Public Employees for Environmental Responsibility. Like its predecessors, PEER requested that the agency issue annual consumer advisories and recommend the use of onboard digital CO monitors; to track and report all CO-related fatalities; require manufactures to include information in new vehicle owner’s manuals about the health dangers of CO, and require all manufacturers to install CO detectors in the passenger compartment of all new motor vehicles; and require manufacturers to install engine shut-off technology. 

PEER echoed Donnay’s point about NHTSA’s failure to prevent continuing CO deaths:

Since NHTSA was first informed of the life-saving potential of CO detectors linked to engine cut-off switches, in excess of 20,000 North Americans have died needlessly from vehicular CO poisoning. At the same time, these CO detectors are reliable and very inexpensive. They are far less expensive than other measures that NHTSA has approved. In short, requiring these devices may one of the most significant and cost-effective vehicle safety measures since the seat belt.

NHTSA Wants Nothing to Do With It

The agency’s response to motor-vehicle CO poisoning issue has been, to put it charitably, contradictory. 

(Remember – the U.S. Environmental Protection Agency was the prime mover behind the widespread implementation of catalytic converters – not NHTSA. Prior to the addition of catalytic converters, “CO in motor-vehicle exhaust accounted for the most poisoning deaths in the United States caused by a single agent,” according to a 1996 CDC Morbidity and Mortality Weekly Report (MMWR). Out of 11,547 unintentional CO deaths during 1979-1988, 57 percent were caused by motor-vehicle exhaust; of these, 83 percent were associated with stationary vehicles.” Most of the deaths in garages occurred with the garage doors or windows open.) 

NHTSA has long regarded an unattended vehicle with the keys left in the ignition to be a safety hazard. In 1967, the impetus was auto theft, leading to police chases that often ended in fatal crashes. The agency’s first proposal for Federal Motor Vehicle Safety Standard 114 would have required cars to be equipped with devices to remind drivers to remove keys when leaving their vehicle. And the agency made it pretty clear that the solution should be based in vehicle engineering: 

It is, of course, the operator's responsibility to remove the key when the car is left unattended, and drivers should continue to be exhorted to take this elementary precaution. Nevertheless, many do not, and the interest of safety would be promoted by the existence of a visible or audible warning device on the car, reminding the driver when he has neglected his responsibility. This is an instance in which engineering of vehicles is more likely to have an immediate beneficial impact than a long-range process of mass education.

But, NHTSA has resisted regulating in any way an unattended vehicle with the keys left in the ignition and the engine running.

In the early 1990s, the agency appeared to have some interest, contracting the Carnegie Mellon Research Institute to evaluate its metal oxide semiconductor gas sensor technology for application as a low-cost carbon monoxide monitor in the automobile compartment. The study cited 500 accidental deaths each year, and, like the petitions that would follow it, observed that many “might have been prevented if the automobile passenger compartment were equipped with an appropriate CO monitor and alarm system.” The report concluded that the technology had was at the point “where a stable selective CO monitor is within reach,” and recommended that NHTSA undertake further research. 

But, The Safety Record couldn’t find evidence that NHTSA took this research any further. Instead, it knocked down most of the 1997 Denenberg petition, but grudgingly allowed that it might add some information about carbon monoxide poisonings to future advisories. NHTSA dismissed CO poisoning incidents as a cold weather phenomenon, most likely caused by people running their engines in an enclosed space to keep warm or failing to clear snow from the tail pipe area. “For this reason,” the agency wrote, “we do not think it is justifiable to require that all vehicles be equipped with these detectors. A large portion of the vehicles sold in this country will rarely, if ever, be driven in cold weather.” Besides, the agency said, mandatory installation of carbon monoxide detectors industry wide would cost at least $240 million, eventually consumers would be forced to replace them after six years. And, since the problem really affected the older models in the fleet, a regulation would not benefit the vehicles that needed it most.

In 2005, it denied the Donnay petition, claiming the data showed that the number of CO incidents was falling absent any regulation and because a mandate for in-vehicle carbon monoxide detectors would fail to address more than 70 percent of vehicle-related carbon monoxide deaths, because the victims are outside the vehicle. NHTSA argued that “a home CO detector would be substantially more effective than a vehicle CO detector at preventing these deaths because 92% of the fatalities occurred at the home.” The agency rejected the idea of an engine shut-off that would prevent CO accumulating to dangerous levels because it “could prove to be a hazard. For example, in a tunnel with congested traffic, the concentration of CO may cause the device to shut off the engine, resulting in further traffic congestion or even possible crashes.”

The agency hasn’t yet articulated a position on the PEER petition.

In 2011, for the first time the agency considered the unattended key-in-vehicle scenarios with the engine running, and the problem of CO poisoning. A FMVSS 114 Notice of Proposed Rulemaking – as yet unfinalized – attempted to deal with the proliferation of keyless ignition systems. The NPRM recognized that current keyless ignition systems had led to driver confusion, and that these designs allowed drivers to exit the vehicle without the transmission locked in Park, and sometimes without actually turning off the engine. The NPRM noted that the lack of standardization in combination with the lack of visual and tactile cues about the status of the vehicle engine has set the stage for the real world incidents in which drivers, mistaking the fob for the key, inadvertently leave a vehicle running and/or exit the vehicle without putting the transmission into “Park.” The proposal specifically deleted the door opening alert exclusion currently in FMVSS No. 114 for a running vehicle, but only for vehicles equipped with keyless ignition. The agency’s strategy for addressing the rollaway and carbon monoxide safety issues are for internal and external audible alerts, based on the Platform Lift standard, which is part of FMVSS 403.  

As part of the rulemaking, NHTSA said that it had considered “a requirement for an automatic shut-off feature applied to vehicles fitted with electronic key code systems.” But, it declined to propose such a feature because: “We have been unable to conclude that there is a specified period of time after which the propulsion system should be shut down to effectively address various scenarios mentioned in VOQs submitted to the agency.”

What, no mention of the simultaneous-shut-offs-in-a-tunnel scenario?

Motor Vehicle CO as a Function of Vehicle Design and Wear

In 1972, research sponsored by the Insurance Institute on Highway Safety noted that the available data suggested “that over 500 Americans die each year from carbon monoxide poisoning because their vehicles are defective due to deterioration, damage, or poor automotive design.”

That last bit is still the case, and the Ford Explorers currently sickening lots of people are good examples. In July 2016, NHTSA’s Office of Defects Investigation opened a probe into reports of occupants smelling exhaust odors in the occupant compartments of 2011-2015 Explorers. By the time it bumped the probe up to an Engineering Analysis, a year later, Ford had tallied 2,051 complaints, while NHTSA’s Vehicle Owner’s Questionnaire hotline received 791. The high-profile victims were police departments across the country, which were reporting that at least five officers lost consciousness, were hospitalized for CO exposure or crashed their SUVs, poisoned by the cabin air of their Interceptors.  You can read more about it here

Ford, which does a booming business with the law enforcement market, rushed to investigate the CO problem in those vehicles, and promised to cover the costs of any modifications. The automaker blamed the problem on unsealed spaces and wiring holes drilled in the course of implementing after-market features specific to police work, such as emergency lights and radios, and said that none of those problems affect civilian Explorers.

So why are so many Explorer owners complaining? In its August 2016 response to NHTSA’s Information Request, Ford argued that really not that many people complained. An analysis showed that “approximately 0.29 percent of all 2011 through 2015 model year Explorer owners have complained of some sort of exhaust odor in their vehicle,” and even if Ford included all of the ambiguous reports the percentage is still a piddling 0.38 percent of all vehicle owners. 

As for the cause, Ford isolated it to the unique combination of driving at “wide open throttle (WOT) events with the vehicles climate control system in the recirculation mode.” Ford said that “the fuel enrichment used for the exhaust catalyst protection strategy commonly used during wide open throttle events caused a more detectable odor being emitted from the tailpipe. Second, a negative cabin pressure was created from the vehicle climate control system being in recirculation mode. Ford notes that the vehicle drive cycle necessary to reproduce this condition is beyond what Ford would consider normal or typical customer usage.” In any event, the CO readings never topped 8 parts per million (ppm), and dissipated within 10 seconds. 

This does not seem to comport with real-world incidents. In preparing the WRC story, reporter Susan Hogan teamed up with toxicologist Albert Donnay, who measured the presence of CO in the occupant compartment of an Explorer whose owner had been complaining to Ford for months. Donnay gathered readings of CO with sophisticated detectors in the front and back seat. At low speeds, with the vehicle in re-circulation mode, there was no change in air quality, the report said. When the vehicle speed climbed to over 40 miles per hour, the CO level was 9 parts per million (ppm) in the front and 30 ppm in the back. You can read it here

Further, Hogan says that Donnay’s testing showed that the CO levels evened out at 15 ppm-17 ppm and stayed there for a good 10-15 minutes. The levels didn’t drop until they brought fresh air into the cabin.  

Another good example is General Motors’ 2015 “emission recall involving certain 2008 Chevrolet Avalanche, Silverado, Suburban, and Tahoe; and GMC Sierra, Yukon, and Yukon XL vehicles equipped with California Bin 4 emissions RPO NU5.” GM said that “the design of the fuel control system did not adequately control carbon monoxide emissions under certain operating conditions.” The remedy was a reflashing of the engine control module with a modified fuel control calibration.

Combatting Motor Vehicle Carbon Monoxide at the Source

There are several design solutions to the motor vehicle carbon monoxide problem, and for nearly forty years, individual inventors, suppliers such as Lear Corporation, and automakers have put forward ideas or implemented them. There are patents, dating back to at least as early as 1974, related to carbon monoxide detectors in motor vehicles that either warn the driver when the in-board air reaches a certain threshold and/or shut off the engine. 

Automakers have been using engine cut-off designs as a safeguard to remote start features for at least a decade. Two automakers have also added extended engine idle shut-offs to their keyless vehicles to prevent CO poisonings when drivers mistakenly leave their vehicles running. In 2013 Ford became the first automaker to add an engine idle cut-off to its keyless vehicles. This feature shuts off the engine after 30 minutes if there have been no inputs from the driver.

In March 2015, General Motors remedied 50,249 2011-2013 Chevrolet Volt vehicles with a software fix that would shut off the engine after an hour and a half, to prevent drivers from inadvertently leaving the vehicle running. GM was reportedly prompted to implement the recall after two injuries and push from NHTSA. The 2014 and beyond model years already have this feature. 

Another design includes the use of air classification or control module (ACM). This technology combines CO and nitrogen dioxide sensors to protect the cabin air.  Some automakers offer ACMs on vehicles with electronic climate control. While ACMs alone do not solve the problem of accumulating CO emanating from a running vehicle, they can be paired with auto shutoff mechanisms or alarms.  In 2007, AppliedSensor, chemical sensor components and modules manufacturer, and Sensata Technologies, a developer of industrial sensors and control solutions, announced that their Air Classification Module was being integrated into the 2007 BMW X5 Sport Activity Vehicle: “This ACM prevents the intake of harmful combustion fumes – such as carbon monoxide, nitrogen dioxide and volatile organic compounds: “The module includes a built-in sensor with two separate sensing elements to enable continuous detection of the presence of diesel and gasoline exhaust fumes faster and more reliably. Through integration of a corresponding module in the air intake duct of the vehicle’s heating, ventilation and air conditioning system (HVAC), the sensor can signal accurately timed, automatic activation of air circulation to the vehicle's controls.” 

More than 40 years after the advent of the catalytic converter, we still have a CO problem that endangers public health – and we have a menu of technologies that might all but eliminate the threat. The will to fix it seems to be the last obstacle.

NHTSA, Ford and CO Poisoning: Sickening

If your local police department has a fleet of Ford Explorer Interceptors, it’s probably trying to determine if the vehicle – an Explorer modified for law enforcement use – is sickening its officers during long periods of idling or hard acceleration. But if you are the civilian owner of one of these vehicles, keep a close eye on the noises Ford or the National Highway Traffic Safety Administration makes about a recall.     

In July 2016, NHTSA’s Office of Defects Investigation opened a probe into reports of occupants smelling exhaust odors in the occupant compartments of 2011-2015 Explorers. “Complainants expressed concerns about exposure to carbon monoxide.” At the time, the agency had tallied 154 complaints. What happened in the Preliminary Evaluation was – up until two weeks ago – anyone’s guess, because other than the Opening Resume and an Information Request letter to Ford demanding a response by August 24, 2016, nothing else was ever added to the public file.

In the space of a year, the complaints piled up. Ford reported fielding 2,051, while 791 drivers complained to NHTSA’s Vehicle Owner’s Questionnaire hotline. Some of those complaints were getting mad press because they came from police departments from Auburn, Mass. to Austin, Texas. Ford owns a large share of the law enforcement vehicle market. Introduced to the fleet in 2012, the Interceptor accounted for 60 percent of Ford police vehicle sales in 2013 – more than 14,000 police SUVs. By 2015, Ford was bragging in a press release that the Interceptor “quickly became America's best-selling police vehicle – which has helped Ford capture 61 percent market share through June 2015.”

Inconveniently for public safety, and Ford’s bottom line and brand ID as the go-to automaker for law enforcement, at least five officers lost consciousness, were hospitalized for CO exposure or crashed their SUVs after huffing the cabin air of their Interceptors.  For example, in September 2015, a Newport Beach, California officer “passed out while driving his Interceptor,” swerving “across two lanes of oncoming traffic, nearly hitting another car head on, and crashed into a tree at 55 mph,” according to CNN. After an Auburn, Massachusetts officer rear-ended another vehicle in late July, he and the vehicle tested positive for carbon monoxide.  

As stories of police departments parking their Interceptors have proliferated, Ford has been dispatching investigative teams to municipalities to assess the damage and assure its customers whose vehicles are paid for by the taxpayers that it will “cover the costs in every Police Interceptor with this issue, no matter what its age, mileage or post-purchase modifications,” according to news reports. 

If you paid for an Explorer directly from your own pocket, Ford seems a lot less interested in solving your problem – although there have been civilian Explorer buy-backs, and several apparently unsuccessful Technical Service Bulletins. Nonetheless, the company has been very careful to build what is known in Ford internal circles as the “defendable fence,” a way to limit the defect to a discreet population of vehicles, protecting the company from a much bigger recall that could include more than a million vehicles. This term surfaced in a 1995 memo on ignition switch fires in 28 million 1983 to 1995 light trucks and passenger cars with the same design. Ford has used this strategy to limit recalls of Ford F-150 cruise control deactivation switch fires, thick film ignition and stuck throttles.

The Explorer’s Chief Engineer Bill Gubing has been out there pushing the idea that the carbon monoxide is entering the occupant compartment via unsealed spaces and wiring holes drilled in the course of implementing after-market features specific to police work, such as emergency lights and radios. Other Ford Explorer owners need not be concerned Gubing reportedly said:

From a carbon monoxide perspective, the police duty cycle is very different than what a retail customer drives…It creates more combustion gas at the back of the vehicle because the engine’s working harder and faster. At the same time, there are modifications done to the back of the vehicle that certainly provide leak paths when those modifications are not done properly. We don’t see the retail customers driving like that. We don’t see retail customers with those modifications.

So that’s how carbon monoxide is getting into police Explorers. How is it getting into many, many, many more Explorers owned by regular folk? According to several Technical Service Bulletins Ford issued in 2012, 2014 and 2016, this problem surfaces when “the auxiliary climate control system is on,” and “may be worsened when the climate control system is in recirculate mode and the vehicle is heavily accelerated for an extended period.” The fixes concerned replacing vents, checking drain valves and reprogramming the heating ventilation air conditioning module to the latest calibration. 

In late July, ODI bumped up the investigation to an Engineering Analysis. By then the agency had collected 791 complaints and identified 41 injuries such as headaches, nausea and light-headedness in 25 incidents. Only 11 complaints involved police Interceptors. 

NHTSA’s first take on the Interceptor problem is cracks in the exhaust manifold, not deliberate, aftermarket perforations. Its tests at the Vehicle Research and Test Center (VRTC) in East Liberty, Ohio, along with field inspections, has led it to theorize that “CO levels may be elevated in certain driving scenarios, although the significance and effect of those levels remains under evaluation as part of the EA.” But it has also suggested that NHTSA may well respect Ford’s fence: “To date, no substantive data or actual evidence (such as a carboxyhemoglobin measurement) has been obtained supporting a claim that any of the alleged injury or crash allegations were the result of carbon monoxide poisoning, the alleged hazard.” 

The consumer-reported Vehicle Owner’s Questionnaires certainly support the notion that CO levels can become elevated during acceleration. Civilians, who also need to accelerate their vehicles – even if not engaging in a high-speed chase – have been reporting that the fumes engulf them when they hit the gas hard.

An owner from Strabane, Pennsylvania told NHTSA in June 2016:

Several times when driving two of my children ages 2 and 10 complained of a bad smell coming from the third row seating. They both became strangely ill, but only my 2 year old began vomiting. My 10 year old complained of being light headed during several long trips. I noticed on many occasions that during high acceleration anyone that sits in the third row complains of stomach aches after a lengthy time in the vehicle. I chalked it up to car sickness, but remembered this only became relevant when leasing this ford. Please help us. I have three kids and no other vehicle.

An Explorer owner in Canyon County, California told NHTSA in February 2017:

While driving the car on the freeway and under acceleration there is a horrible exhaust smell that makes my kids and myself nauseous. It also gives me constant headaches. I didn't realize what was happening until my husband got in the car for the first time and noticed the exhaust smell.

An owner from Brandon, Missouri reported in January 2017:

The smell is very harsh smells like burnt hair or sulfur. On long trips my wife has had severe headaches. This Explorer is the vehicle my wife and kids (ages 14, 5, & 2) use to get to work and school; I need to get this vehicle repaired or replaced. Please help!!!

From the owner of a 2015 Explorer in Juno Beach, Florida:

After heavy acceleration, the cabin has a strong foul sulfur odor that is unbearable. We have had it in to a Ford dealership to have both TSBs performed – the second took 5 days! And it still has not changed. Disgusting smell. This happens when we accelerate as on to the highway or to pass in challenging situations. I only have to press the gas pedal about half way down for 4-5 seconds and the smell is overwhelming. Activating the turbo chargers for any length of time brings this smell into the cabin. Then all of the windows have to go down to clear the smell. My mother can't take this anymore and my wife complains of headaches. This has been an ongoing for a year and a half!

Despite this defect’s high profile, the public information has only dribbled out of the National Highway Traffic Safety Administration’s Office of Defects Investigation. Neither Ford’s response to the Preliminary Evaluations or any work the agency has done has been shared with the public. As it opened the Engineering Analysis, ODI summarized parts of Ford’s response and testing it was doing out in East Liberty. The files themselves are not accessible, despite the agency’s regular transparency proclamations. 

For example, in 2012, the agency requested a $10,611,000 appropriation for Safety Defects Investigation activities, $782,000 above the FY 2010 funding level, to, among other things, “ensure that all public information related to investigations, recalls, and complaints is current.” In June 2015, NHTSA released a Workforce Assessment report in which one of its purported goals for ODI was: “Assure that information relating to investigations and recalls is readily available to the public.” On its website, NHTSA states that “NHTSA is committed to providing the most accurate and complete information available to its customers, the American traveling public, in a helpful and courteous fashion.”

Unfortunately, help and courtesy does not come cheap. In June, Safety Research & Strategies submitted a Freedom of Information Request for the non-confidential documents in the investigative file, and the agency told us that they’d be happy to oblige for about $780 dollars. 

First, these materials shouldn’t require a FOIA request – at least according to NHTSA. By law, all federal agencies are required to publish records that because of “the nature of their subject matter, the agency  determines have become or are likely to become the subject of subsequent requests for substantially the same records; or that have been requested 3 or more times.” In addition, agencies are required to publish a general index of those frequently-requested records. NHTSA’s Electronic Reading Room webpage listing those categories of records that “are available without the need for a FOIA request:” includes such “frequently requested records and information” such as downloads of defect investigation records. 

We’ve argued that these documents should be released at no charge because the information is squarely in the public interest, and because NHTSA by custom and by regulation is supposed to put non-confidential investigative material in the public files. We’ve requested that the fee be waived. Stay tuned.

Quality Control Systems Corp. Sues DOT for Tesla Data

Quality Control Systems (QCS) Corp. has filed a Freedom of Information Act (FOIA) lawsuit in the U.S. District Court for the District of Columbia in pursuit of Tesla airbag deployments data that the National Highway Traffic Safety Administration (NHTSA) has withheld from public view.

R. A. Whitfield, the company’s director, said that the company wanted to test the validity of claim made by NHTSA that airbag deployments in Tesla vehicles dropped by almost 40 percent after the installation of a component of the Tesla’s Autopilot system, Autosteer. NHTSA asserted this decrease in a report accompanying the Closing Resume of Preliminary Evaluation 16-007. The investigation was prompted by the May 2016 death of Joshua Brown, a Tesla enthusiast who was driving his Tesla Model S in Autopilot mode, when it crashed into an 18-wheel tractor-trailer truck that was turning left in front of it on US 27A, west of Williston, Florida. The report stated:

“ODI analyzed mileage and airbag deployment data supplied by Tesla for all MY2014 through 2016 Model S and 2016 Model X vehicles equipped with the Autopilot Technology Package, either installed in the vehicle when sold or through an OTA update, to calculate crash rates by miles travelled prior to and after Autopilot installation. Figure 11 shows the rates calculated by ODI for airbag deployment crashes in the subject Tesla vehicles before and after Autosteer installation. The data show that the Tesla vehicles crash rate dropped by almost 40 percent after Autosteer installation.”

Whitfield says he wants to know if the methodology NHTSA used is scientifically valid and whether their results can be replicated. Other questions include whether the reduction in crash rates is actually due to Autosteer itself and whether the claimed crash reductions could be expected to continue over a longer period of time.

“The surprising improvement in crash safety that NHTSA associates with Autosteer would be very welcomed if the dramatic safety claims prove to be scientifically sound. But it is concerning that the crash reductions are associated with the installation of Autosteer, rather than the actual use of Autosteer,” Whitfield says. “And NHTSA’s analysis is just as astonishing for the fact that it lacks the most basic, information necessary for reaching well-founded conclusions about the claimed crash rate reductions. It is very remarkable that the published description of the Agency’s findings do not meet long-established scientific standards that would allow for an assessment of statistical confidence intervals or of statistical significance. Even the numerators and the denominators of the calculated crash rates are AWOL.”

NHTSA’s Office of Defects Investigation opened the Tesla probe on June 28, 2016, focusing on whether the Automatic Emergency Braking (AEB) or Autopilot systems had functioned as designed, increasing the risk of a crash. It closed six months later with no defect finding, saying that the system performed as designed, and blaming Brown for the crash. Tesla’s four responses submitted to the public investigation file were almost wholly redacted. For more information about PE16007 and its lack of transparency, read Autonomous Vehicles, the Beta Test Coming to a Roadway Near You.

Safety Research & Strategies has long advocated for NHTSA transparency. For example, in February 2014, SRS submitted comments in advance of the agency finalizing its 2014 – 2018 Strategic Plan, highlighting its concern with NHTSA’s lack of transparency. SRS founder and President Sean Kane wrote: “Access to NHTSA’s investigations and data are increasingly difficult and expensive for the public and researchers as the agency assigns significant costs to provide information in response to FOIA requests. In some cases they have also refused to release information that should be public requiring FOIA litigation that has cost the Agency thousands of tax-payer dollars to settle.”

Since 2010, SRS has sued the Department of Transportation six times seeking public records on everything from child safety seats to unintended acceleration. All of these cases have been settled to our satisfaction. The four against NHTSA have ended with the agency agreeing to turn over more records and paying our fees, before a court judgement was rendered. You can read about our latest FOIA lawsuit here.

Whitfield says such an important conclusion by the agency should not be based on data that the government is withholding from researchers who want to examine NHTSA’s results.

“If the safety benefits of Autosteer are as positive as the Agency claims, why wouldn’t they want independent scientists to have the data in order to replicate these extraordinary results?” Whitfield asked.