Investigations List

After a preliminary review of consumer complaints and other information related to alleged defects, NHTSA obtains information from the manufacturer(including data on complaints, crashes, injuries, warranty claims, modifications, and part sales) and determines whether further analysis is warranted.  If warranted, the investigator will conduct a more detailed and complete analysis of the character and scope of the alleged defect.



NHTSA Action Number: PE17004

Date Opened: 2017-09-12

Date Closed: 2018-12-04

Manufacturer’s Name: NavistareBay, Inc.

Component Description: SEATS

Recall Campaign:

Summary Description: Failed School Bus Seat Back Pans


Summary

On July 7, 2017, the Office of Defects Investigation (ODI) received a report from an executive officer of the State of Iowa's Bureau of Finance, Facilities, Operations & Transportation Services, informing ODI of numerous seat back pan weld failures (pan material fatiguing at weld points) in multiple 2011 model year (MY) NavistareBay IC school buses.In August 2017, ODI engineers found similar failures when they visited an Arlington, Virginia public school facility to inspect buses ranging from MY 2011 to 2015. The first MY2011 bus inspected demonstrated the same issue (broken back seat pan welds) as reported on the Iowa buses. MY2012 - MY2015 buses did not demonstrate the failed seat back pan issue. NHTSA discovered that these buses had a different seat back pan design.ODI opened this investigation to better understand the potential risk of injury and evaluate passengercompartmentalization in the event of a crash involving a subject vehicle containing broken seat back pan welds. NavistareBay conducted sled testing at the Transportation Research Center of Ohio (TRC) to better understand if broken seat back pan welds could lead to a loss of passenger compartmentalization in a crash. ODI engineers were present and observed all tests done by the manufacturer.Although the test results indicated that passengers would remain compartmentalized, upon further review, ODI became concerned that the test manikin's necks seemed to over-extend when their heads struck the seat back frame and the torso pushed into the seat back pan. There was a concern that injuries may occur as a result of the broken seat back pan welds, allowing the passenger torso to push further into the seat back than if good welds were in place. Upon NHTSA's request, NavistareBay ran additional sled tests with instrumented test manikins to measure injury potential in the head, neck, and chest. The tests were conducted using Federal Motor Vehicle Standard (FMVSS) 208 as a guide and reference as there are not specific standardized tests for this particular alleged defect condition. NHTSA biomechanics and crashworthiness experts reviewed the results along with ODI and concluded that the test results were within the allowable threshold per the FMVSS.NavistareBay informed ODI that the subject vehicles of this investigation were also the subject of Technical Service Information document TSI-13-47-01 and recall 13V-308 and that during these campaigns involving seat backs and seat back foam covers, many of the vehicles had already had their seat back pan welds repaired. NavistareBay agreed to continue to support customers through extended warranties.Given the above facts and test results, ODI is closing the investigation as sled testing performed by the manufacturer has shown there appears to be little difference in the potential for injury between seat back pans with intact or broken welds. The closing of this investigation does not constitute a finding by NHTSA that a safety-related defect does not exist. The agency reserves the right to take further action if warranted by the circumstances.Additional information on school bus safety and compartmentalization can be found at: https://www.nhtsa.gov/road-safety/school-bus-safety.

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NHTSA Action Number: AQ17005

Date Opened: 2017-09-01

Date Closed: 2025-01-16

Manufacturer’s Name: Tegol, Inc.

Component Description: EQUIPMENT:MOTORCYCLE:HELMETS

Recall Campaign:

Summary Description: Recall administration


Summary

NHTSA opened this Audit Query (AQ) on September 1, 2017 to investigate concerns regarding the compliance of Tegol, Inc. (Tegol) with its recall reporting and recall remedy obligations on multiple recalls involving motorcycle helmets. The agency's concerns included Tegol's failure to submit or timely submit quarterly reports for NHTSA Recall Nos. 17E-015 and 16E-062 and numerous consumer complaints regarding Tegol's failure to provide the required remedy for Recall Nos. 17E-015, 14E-069, 13E-047, and 12E-051. Each of these recalls involves motorcycle helmets imported and distributed by Tegol that fail to comply with the requirements of Federal Motor Vehicle Safety Standard (FMVSS) 218. During this AQ, the agency served a Special Order on Tegol on November 9, 2017 to obtain additional information regarding Tegol and its compliance with the recall reporting and recall remedy obligations in the subject recalls. Tegol's written response and document production was seriously deficient and largely nonresponsive. Tegol subsequently appears to have gone out of business. According to public records, Tegol's corporate status has been suspended by the State of California. Under the circumstances, NHTSA is closing this investigation. Based on the available information and the recalls Tegol has filed, motorcyclists should not wear several models of Outlaw or Hawk helmets imported by Tegol. These recalled helmets do not meet minimum safety requirements and motorcyclists who use these helmets are at increased risk of injury or death, should they be involved in a crash while wearing any of these helmets. Specifically, since 2012, Tegol recalled certain helmets of the following models: -+ AX-30010 Outlaw Carbon Tech Glossy, AX-30020 Outlaw Carbon Tech Matte, and AX-30030 Outlaw Carbon Tech Red, Recall 12E0-051 -+ AX-3 Series, AX4-series, and TG-5 Series, Recall 13E-047 -+ Hawk GLD-900 Series, Recall 14E-069 -+ Outlaw Slim G Series, Recall 16E-062 -+ Outlaw V-5 Series, Recall 17E-015 NHTSA also urges motorcyclists not to wear Outlaw T-75 series motorcycle helmets because they failed to meet certain requirements of the Federal Motor Vehicle Safety Standards when tested by NHTSA, including requirements for protecting a rider during a crash. The Outlaw T-75 helmets were imported and sold by Tegol, which did not conduct a recall of these helmets before going out of business. NHTSA's compliance tests of the Outlaw T-75 helmets are available on the Agency's website: https://static.nhtsa.gov/odi/ctr/9999/TRTR-645544-2018-001.pdf; https://static.nhtsa.gov/odi/ctr/9999/TRTR-645545-2018-001.pdf. The closing of this investigation does not constitute a finding by NHTSA about Tegol's compliance with the Vehicle Safety Act. Additionally, the Agency notes that the Vehicle Safety Act states: "A manufacturer's filing of a petition in bankruptcy under chapter 7 or chapter 11 of title 11 does not negate the manufacturer's duty to comply with section 30112 or sections 30115 through 30120 of this title," which include the recall provisions of the Act. NHTSA will take additional action as appropriate, including if it learns that Tegol re-engages in business activity, including by importing, offering for sale, or selling motorcycle helmets.

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NHTSA Action Number: EA17003

Date Opened: 2017-09-01

Date Closed: 2018-08-21

Manufacturer’s Name: SMART USA DISTRIBUTOR LLC

Component Description: ENGINE

Recall Campaign: 18V273

Summary Description: Engine Compartment Fire


Summary

On April 30, 2018, Mercedes-BenzeBay USA, LLC, (Mercedes-BenzeBay) submitted a Defect Information Report (DIR) to NHTSA regarding a defect that could result in a vehicle fire starting from the engine compartment in 42,781 model year (MY) 2008 and 2009 Smart Fortwo cabrio and coupe vehicles (451 platform).According to Mercedes-BenzeBay?s DIR, ?the rear insulation mat within the engine compartment might deform, deteriorate, loosen and over time, subsequently be able to contact hot components of the exhaust system.This could lead to an ignition of the insulation mat and possible fire in the engine compartment.?The US-specification exhaust system has an external catalytic converter packaged close to the insulation mat, where temperatures in the vicinity of the insulation mat reach high values.Over time, these temperatures can lead to a change in the insulation mat's material characteristics and ultimately allow the material to deform. Depending on the magnitude and the specific location of the deformation, the insulation mat could contact hot components of the exhaust system and ignite.Mercedes-BenzeBay will replace the rear insulation mat on the affected vehicles with the improved mat first implemented in the United States in MY 2010 vehicles.ODI?s analysis of fire incident field data reported to NHTSA and Mercedes-BenzeBay show an increasing trend of non-crash fires in the subject vehicles that begins after 4 years of service and accelerates after 7 years of service.The analysis shows that this trend is driven by fires occurring in the engine compartment.Forensic investigations of fires occurring in the past year identified the insulation mat as a likely or possible cause of most of the fires originating in the engine compartment.This investigation is closed based on Mercedes-BenzeBay insulation mat recall.For more information about field data trends and fire investigations, see the closing resume in the document file for this investigation.

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NHTSA Action Number: AQ17004

Date Opened: 2017-08-18

Date Closed: 2020-11-23

Manufacturer’s Name: ChryslereBay (FCAeBay US, LLC)

Component Description: POWER TRAIN:AXLE ASSEMBLY:AXLE SHAFT

Recall Campaign:

Summary Description: Northwest ChryslereBay JeepeBay DodgeeBay Sale Issue


Summary

NHTSA opened AQ17-004 to determine whether Northwest ChryslereBay JeepeBay DodgeeBay of Houston, Texas (Northwest) has complied with the requirements of the National Traffic and Motor Vehicle Safety Act, 49 U.S.C. Chapter 301 (Safety Act) and its implementing regulations. The Safety Act requires, among other things, that a manufacturer notify its dealers of defects related to motor vehicle safety and non-compliances with Federal Motor Vehicle Safety Standards and, in turn, that a dealer not sell a new vehicle subject to a recall unless the recall remedy has been performed (49 U.S.C. 30120(i)). NHTSA issued information request letters (IRs) to Northwest and FiateBay ChryslereBay Automobiles US LLC (FCAeBay) in August 2017, and again in October 2017 and December 2017. NHTSA's investigation indicated that Northwest sold and delivered at least 310 recalled vehicles that did not have the recall remedy completed at the time the vehicles were delivered to the customers. On August 19, 2020, NHTSA entered into a Settlement Agreement with Northwest and its parent company, Ken Garff Automotive LLC, to resolve the Audit Query. In the agreement, Northwest agreed to pay a $100,000 civil penalty and Ken Garff agreed to certain training and auditing requirements. The training relates to company policy, procedures, and compliance to prohibit sales of motor vehicles with open recalls and the integration of FCAeBay's recall notifications into the dealership's inventory system.This Audit Query is closed.

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NHTSA Action Number: RQ17006

Date Opened: 2017-08-09

Date Closed: 2018-04-18

Manufacturer’s Name: Hickory Springs Manufacturing Company

Component Description: EQUIPMENT

Recall Campaign: 17V785

Summary Description: Step rivets may shear


Summary

RMD opened RQ17-006 on September 8, 2017, to investigate the adequacy of the scope and remedy of safety recall 15E-013. RMD issued an Information Request (IR) to Hickory Spring Manufacturing (HSM), the recalling manufacturer, on August 22, 2017 requesting, among other things, an explanation of the how HSM determined which stair steps to recall, and information concerning the integrity and adequacy of the remedy which involved a newly designed rivet.RMD reviewed the IR response and its accompanying data which included production data, purchaser and distribution information, notification letters, rivet kit samples, testing information and field failure information. Through this examination RMD discovered HSM had incorrectly reported the recalled step manufacturing dates, and had overlooked identifying six affected models in its-recall information report. These mistakes did not impact the recall's overall population figures.RMD reviewed the design specifications, together with complaints and early warning reporting (EWR) data, to verify the remedy's adequacy. RMD also reviewed the various follow-on recall campaigns being conducted through several recreational vehicle (RVs).This work resulted in finding that KZRV, a RV manufacturer, had overlooked 312 sets of steps in its follow-on-recall 15V-173.As a result, KZRV filed an amended recall information report to recall those steps and notified the impacted RV owners in December 2017.At this time RMD is satisfied that the scope and remedy of the HSM recall is sufficient.Accordingly, this RQ is closed.

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