November 22, 2024

Wheels: Toyota to Pay Record $17.35 Million Fine for Delaying Recall

For the fourth time in two years, Toyota has agreed to pay fines related to allegations of delaying safety recalls.Kimimasa Mayama/European Pressphoto Agency For the fourth time in two years, Toyota has agreed to pay fines related to allegations of delaying safety recalls.

For the fourth time, Toyota has agreed to pay a fine to settle allegations by the National Highway Traffic Safety Administration that the automaker delayed a safety recall.

In a news release Tuesday morning, the safety agency said Toyota would pay $17.35 million, the maximum allowed by law.

Toyota did not admit any wrongdoing and said it was paying the fine to avoid a continued dispute with the safety agency. The automaker said the same thing when agreeing to pay the three previous fines, which totaled $48.8 million.

The recall the safety agency said was delayed occurred last June and covered 154,036 sport utility vehicles — the 2010 Lexus RX 350 and RX 450h — to fix a problem that might allow the floor mat to become snagged on the gas pedal.

The safety agency contends that those vehicles should have been included in an October 2009 recall of 3.8 million vehicles for the same issue.

But the agency says it was not until early this year — after it contacted Toyota about consumer complaints of floor-mat problems on the two 2010 Lexus models — that the automaker agreed the recall should be expanded.

In a statement, Toyota said it was “dedicated to the safety of our customers and we continue to strengthen our data collection and evaluation process to ensure we are prepared to take swift action to meet customers’ needs.”

The safety agency described the $17.35 million fine as a record. That is the maximum currently allowed by law; the amount is periodically increased to reflect inflation.

Some consumer safety advocates, like Clarence M. Ditlow, the executive director of the Center for Auto Safety, have long argued that such amounts are no more than a “rounding error” for automakers and that to make companies take their responsibility more seriously, auto executives should face criminal penalties.

The previous fines occurred in April 2010 and twice in December 2010.

Toyota routinely describes its recalls as “voluntary,” but under federal regulations once a manufacturer is aware of a safety problem it has five business days to inform the agency of its plan for a recall.

Article source: http://wheels.blogs.nytimes.com/2012/12/18/toyota-to-pay-record-17-35-million-fine-for-delaying-recall/?partner=rss&emc=rss

Lawsuit Seeks Records From U.S. Investigation of Prius Acceleration

The freedom-of-information lawsuit by the firm, Safety Research and Strategies, said that the National Highway Traffic Safety Administration was withholding documents and videos that may depict an acceleration incident caused by electronic systems in a Prius instead of the floor mats or pedals covered by Toyota recalls.

The suit seeks transcripts, recordings, photographs and videotapes generated by a visit of two federal investigators to the home of a senior government official who had complained about sudden, unexplained acceleration of his own Prius.

According to a sworn statement by the official, Joseph H. McClelland, investigators visited his Chambersburg, Pa., home last May 17, documented the sudden acceleration problem and recorded evidence of it.

Although other Toyota owners have suspected that sudden acceleration was caused by electronic systems, federal regulators have said they have found no evidence of such a cause.

The lawsuit, filed on Monday in federal court in Washington, is the latest effort by Safety Research to force the government to release internal records that could cast doubt on whether it sufficiently investigated possible electronic problems in Toyota vehicles.

“This is all about transparency,” said Sean Kane, co-founder of Safety Research, an auto consulting firm in Rehoboth, Mass. “This is an agency that selectively releases data that fits its narrative that electronics are not at fault in sudden acceleration.”

The N.H.T.S.A. confirmed on Tuesday that it did conduct an investigation of Mr. McClelland’s Prius but said it did not find any link to known causes of unintended acceleration.

The agency closed a lengthy investigation of Toyota last year without finding defects in the company’s electronic throttle systems.

Instead, the agency concurred with the automaker’s explanation that faulty floor mats and sticky accelerator pedals were causing Toyota’s vehicles to suddenly accelerate out of control. A separate study by the National Aeronautics and Space Administration also found no electronic defects.

Last week, a branch of the National Academy of Sciences said there was no evidence of electronic malfunctions in Toyotas. However, its report also concluded that federal regulators were ill equipped to detect problems in the increasingly complex computer systems of modern automobiles.

Safety Research, which in the past has advised consumers suing Toyota, goes a step further and contends that the N.H.T.S.A. is ignoring acceleration complaints that cannot be explained by driver error or defective floor mats and pedals.

Mr. McClelland, an engineer and director of the Office of Electric Reliability at the Federal Energy Regulatory Commission, called the N.H.T.S.A. after experiencing repeated incidents of unintended acceleration in his 2003 Toyota Prius.

The Prius, which had about 280,000 miles on it, was not included in Toyota’s recalls of more than eight million vehicles worldwide in 2009 and 2010 for problems with floor mats and pedals.

According to a sworn statement given to Safety Research, Mr. McClelland was driving between his home and Washington on May 5, 2011, when the car’s engine surged repeatedly, forcing him to shift into neutral, pull off the road and shut the vehicle off.

Mr. McClelland has not responded to requests for an interview. But in his statement, he described how his Prius “over-accelerated” several times on the 200-mile round trip.

“The engine started to rev — actually almost roaring — and the vehicle picked up speed,” he said.

He noted that the accelerator pedal was neither stuck nor constrained by the floor mat. “The floor mat wasn’t up against the accelerator pedal,” he said. “I put my toe up against the back of the accelerator pedal to see if it was stuck. It was not stuck; it was fully up.”

Each time the car sped up, Mr. McClelland said he was able to apply the brakes, turn the vehicle off and restart it. After researching the N.H.T.S.A. Web site about Toyota’s acceleration issues, he contacted the agency. Two investigators came to his home and accompanied him on a test drive of the Prius.

Article source: http://feeds.nytimes.com/click.phdo?i=0ffad4570282d1ff5a0a808a41f75297

Common Sense: U.S. Ownership and Regulation of G.M., Like Oil and Water

This, essentially, is what the United States has done to General Motors and its signature new vehicle, the Chevy Volt.

If it wasn’t already obvious, at least one reason the government shouldn’t own controlling stakes in major companies is that ownership and regulation are inherently incompatible. This week, the Republican presidential candidate Mitt Romney defended his tenure as head of the private equity firm Bain Capital by comparing Bain’s role in troubled companies to the government’s rescue of G.M.

Rest assured that if Bain Capital owned G.M., it would not be subjecting the Volt to severe safety tests and trumpeting the negative results.

More than a year after G.M.’s return to public ownership, the government still owns just less than 30 percent of the company, or about 500 million shares. Of course, the government must hold G.M. to the same strict safety standards it applies to all auto manufacturers. The National Highway Traffic Safety Administration, or N.H.T.S.A., said in late November that it would assess the risk of fire in Volts after two incidents of fires following crash tests.

But some Republican congressmen questioned whether the Obama administration had concealed the results. And conspiracy theorists and others have taken to the Internet to argue that the agency has been too soft on G.M. and has a motive to soft-pedal or even distort the results because of the government’s ownership stake.

Safety Research and Strategies, a Massachusetts consulting firm, claimed the government’s Volt crash report was little more than a “sales pitch” for the plug-in hybrid vehicle.

Others have suggested that the agency was too tough, even if subliminally, in an effort to forestall any perception of a conflict, and that the danger of a Volt catching fire was remote.

Car and Driver magazine noted that the Volt’s batteries caught fire three weeks and one week after the crash tests, and said that “if you ask us, even just one day is plenty of time to safely exit a vehicle that’s in peril of burning.” The magazine noted that no Volts had caught fire in the real world and that only three safety complaints showed up in the government’s database for all of 2010 and 2011, none involving fire hazards. “No vehicle is completely and infallibly safe,” the magazine said. The risk of fire following a crash in an electric car also appears to be vastly less than in a conventional gas-powered vehicle.

Tim Massad, assistant Treasury secretary for financial stability, told me this week that Treasury, which oversees the government’s investment, “is not G.M. or Chrysler’s regulator and has no involvement with N.H.T.S.A.” I haven’t seen any evidence that the agency acted in anything but a professional and independent manner with respect to the Volt, but the controversy illustrates why even appearances of a conflict need to be avoided.

How much has the Volt controversy cost G.M.? One measure of the new G.M. is its aggressive, albeit expensive, response. The old G.M. might have dug in and fought the government. It could have appealed and stalled for years while losing the public relations war. This time, G.M. immediately offered a loaner vehicle to any existing Volt owner concerned about the vehicle’s safety. Since then, G.M. has announced that it will make structural enhancements and install a sensor to warn of any battery fluid leak.

Of course, what choice did G.M. have, given that its regulator is also its biggest owner?

Consumers seem to be reacting positively. N.H.T.S.A. has now awarded the Volt five stars, the top ranking, in its crash test results (a ranking that is also suspect to conspiracy theorists). G.M. said December was the best sales month ever for the Volt, but it’s still selling in small numbers, and it’s impossible to know how many potential customers were discouraged by the bad publicity. And the damage to G.M.’s image is also hard to quantify, but surely considerable. The Volt was expected to deliver a halo effect to all of G.M.’s brands and bolster its overall reputation, much as the Prius did for Toyota until the company ran into its own safety and quality issues. That effort has suffered at least a temporary setback. (A G.M. spokeswoman declined to comment.)

And it’s not just safety issues where the government’s interests conflict. Along with other bailout recipients who remain under government oversight, G.M. is subject to executive pay restrictions. No private equity owner would agree to such limitations on its ability to attract and keep management talent. The pay constraints apply to the top five executive offices and extend deep into the ranks to include the 20 most highly compensated employees.

At this week’s North American International Auto Show in Detroit, Ford was showing off Lincoln’s new design director, Max Wolff, who took to the stage to unveil the boldly redesigned Lincoln MKZ. Ford poached Mr. Wolff from G.M.’s Cadillac division in 2010, and design directors are some of the most highly paid people in the industry. The G.M. spokeswoman wouldn’t comment on whether G.M. could match or top Ford’s offer, but said that the company continued to attract top talent because of its “iconic” status and because people wanted to be part of “an incredible comeback story.” Still, G.M.’s chief executive, Dan Akerson, has said he’d like to see pay restrictions eased.

(G.M. got approval to pay Mr. Akerson $9 million for 2011, which was in the lower quarter of chief executive pay at the nation’s largest companies, the automaker said.)

Article source: http://feeds.nytimes.com/click.phdo?i=5230eac59ef55a3ffb8035b2ef6190ce