Takata Ordered to Preserve Air Bag Inflators
Secretary Foxx announced NHTSA also will upgrade the Takata investigation to an engineering analysis, a formal step in the agency's defect investigation process.
The National Highway Traffic Safety Administration recently issued an order requiring Takata to preserve all air bag inflators removed through its recall process as evidence for NHTSA's investigation and private litigation cases.
"This department is focused on protecting the American public from these defective air bags and at getting to the bottom of how they came to be included in millions of vehicles on U.S. roads," U.S. Transportation Secretary Anthony Foxx said. "This preservation order will help us get the answers we need to accomplish those goals." He announced NHTSA will upgrade the Takata investigation to an engineering analysis, a formal step in the agency's defect investigation process.
"Upgrading the investigation is an important step in determining the actual cause of the air bag failures and the appropriateness of remedies, as well as determining whether Takata's refusal to notify the agency of a safety defect violates federal safety laws or regulations," according to NHTSA. "Since 2008, automakers have recalled about 17 million vehicles with Takata air bags that can rupture when they deploy, producing fragments that can kill or seriously injure occupants. In 2014, five automakers – BMW, Chrysler, Ford, Honda and Mazda – launched national recalls at NHTSA's urging for defective driver-side air bags. Those five, plus General Motors, Mitsubishi, Nissan, Subaru, and Toyota, are recalling vehicles for defective passenger-side air bags in areas of consistently high absolute humidity, which is believed to be a factor in the ruptures."
"There is a strong public safety interest in ensuring that testing moves forward, and that NHTSA has access to all test data," NHTSA Administrator Mark Rosekind said. "We have worked closely with attorneys for private plaintiffs to construct this order so that it protects plaintiffs' legal rights, while also supporting our efforts to protect public safety."
The order mandates:
- Takata is prohibited from destroying or damaging any inflators except as is necessary to conduct testing.
- Takata is required to set aside 10 percent of recalled inflators and make them available to private plaintiffs for testing.
- Takata is required to submit for NHTSA's approval plans for gathering, storing and preserving inflators already removed through the recall process and inflators removed in the future, as well as written procedures for making inflators available to plaintiffs and automakers who request access.
- Plaintiffs or automakers who seek access to inflators must submit to the terms of the preservation order, which grants NHTSA access to all testing data.