NHTSA Publishes November Monthly Defect Report
The National Highway Traffic Safety Administration has published its Monthly Defect Report for the month of November 2007.
There are a few notable investigations pending. For example, on October 19, 2007, NHTSA opened an investigation on the 2007 Chrysler Pacifica for an engine compartment fire concern. The investigation is in the Preliminary Evaluation (PE) phase, which is the initial phase of a NHTSA investigation. As defined by NHTSA, a "PE is prompted after a review of consumer complaints and/or manufacturer service bulletins suggest a safety defect may exist. The results of a PE determine whether the investigation will be upgraded to an Engineering Analysis or closed. Most PEs are resolved within four months." NHTSA describes the reason for the investigation on the 2007 Pacificas as follows: “complainants allege that a fire erupted under the hood of the vehicle while they were driving the vehicle and without warning. The fire began on the driver's side, near the front of the vehicle. The agency has received two vehicle owner complaints alleging a fire, and some early warning reporting (EWR) data. This preliminary evaluation has been opened to further assess the potential safety consequences associated with the alleged defect.”
On February 14, 2007, NHTSA opened an Engineering Analysis on 2006-2007 Dodge Durangos for side curtain air bag failure. NHTSA investigators discovered the problem during testing and describe it as follows: “The metal gas distribution tube in the side curtain air bag assembly may fracture during deployment resulting in failure of the air bag to deploy properly.” The Engineering Analysis stage is defined by NHTSA as the “second and final phase of a NHTSA investigation, an EA is undertaken if data from a PE indicate further examination of a potential safety defect is warranted. The results of an EA determine whether a safety recall should be initiated or the investigation should be closed. Most EAs are resolved within one year.”
Also at the EA stage is a complaint of wheel failure in the 2005-2007 Nissan 350Zs. Initially, the Office of Defects Investigation (ODI) opened pe06-050 based on two consumer complaints alleging incidents of wheel separation while driving due to spoke fracture. One of the incidents resulted in a crash and serious injury when the separated wheel struck a California Highway Patrol Officer on the opposite side of the freeway. Nissan claims that the problem was caused by an after-market “re-chroming” process, but ODI also found incidences of cracking in original Nissan alloy wheels. ODI is continuing the investigation, because it wants to determine what is causing the problems in the original equipment.
The work of ODI is critical to the safety of motorists. It can also be helpful to consumers who have lemon law claims. Through its collection of consumer complaints, manufacturers' technical service bulletins, and accident data, ODI has amassed a storehouse of information on almost all makes and models of vehicles. While this information may not be admissible in court, it can be very instructive to both the consumer and the consumer’s attorney and should be consulted when considering a lemon law claim.
