In September 2019, the NHTSA was asked to initiate an investigation into certain Tesla Model S and Model X vehicles that received a revised battery management software update in one or more over-the-air updates from Tesla, beginning in May 2019. The petitioner based his request on vehicle fires that took place worldwide and over the air software updates Tesla made to the Battery Management System (BMS) of certain Tesla vehicles that resulted in loss of available vehicle mileage range and increased charging duration’s.

The five non-crash fires referenced in the petition include two fires that occurred in China in early 2019 involving vehicles that:

  • Had recently completed Supercharging sessions.
  • Were at a high state-of-charge (SOC) of the HV battery.
  • Were parked with the battery cooling system shutoff.
  • Had histories of high-stress usage for the HV batteries.

The three fires that occurred outside China did not involve the same patterns regarding vehicle state and charging history. The two fires that occurred in the United States include one involving a vehicle with no Supercharging history that was driving when the fire occurred and another in which the origin of the fire was external to the HV battery. The fifth fire, which also originated external to the HV battery, involved a vehicle in Germany that had been parked at a low SOC for an extended period. To date, incidents of fires involving parked vehicles with recent Supercharging and histories of high-stress use have only been observed in China, where high-stress use factors appear to be more common.

Given the absence of any incidents in the United States related to fast charging, and the absence of any such incidents globally since May 2019, the petition has been denied. The denial of this petition does not stop the Agency from taking further action if future findings find that a safety defect exists based on additional information received. NHTSA could initiate a recall if they find a defect in the design, construction, or performance of a motor vehicle that presents an unreasonable risk to safety.

On December 4, 2015 President Obama signed the Fixing America’s Surface Transportation (FAST) Act (Pub. L. No. 114-94) into law. Although the federal act focuses primarily on maintaining infrastructure, a major provision within the regulations includes rules affecting automobile rental companies. The legislation was championed by the family of Raechel and Jacqueline Houck, sisters who died in a rental vehicle that was under a safety recall that had not been repaired.

Beginning June 1, 2016, any company or dealer with fleets greater than 35 will be prohibited from renting vehicles with recalls until the problem has been fixed. Although the bill passed with the support of the rental car industry and the input of the American Car Rental Association, smaller independent companies question how the bill will affect their business. Often, automakers will announce a recall without a timeline for repairs or parts, leaving some fleets with cars parked for a potentially long time. Continue reading

The Department of Transportation’s National Highway Traffic Safety Administration (NHTSA) launched a new public awareness campaign this week called “Safe Cars Save Lives”. The program is focusing on ways to encourage drivers to regularly check for open recalls and to get them fixed as soon as possible. According to NHTSA statistics, last year there were close to 900 recalls affecting 51 million vehicles nationwide, with an average 25 percent of recalls left unrepaired. Continue reading

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Newly appointed head of the National Highway Traffic Safety Administration (NHTSA), Mark Rosekind is warning vehicle owners to expect automobile recalls in 2015 to surpass the record set last year. In 2014, the NHTSA was under scrutiny by safety officials and advocates for their slow response to recalls involving Takata airbags and GM ignition switches. Continue reading

Since the 1980’s, the NHTSA has been allowing a type of recall which lets automobile manufacturers restrict notices and repairs to a few states rather than making them nation wide. These “Regional Recalls” are usually due to the defect becoming a problem because of environmental conditions such as hot and cold climates or because of corrosion caused by road salt used in certain areas. Regional recalls can save automakers money, but consumer advocates have complained for years that because people are moving more frequently and driving in many different conditions, affected vehicles can be missed. Continue reading

The National Highway Traffic Safety Administration (NHTSA) faced criticism during a consumer protection subcommittee last week as Senator Clair McCaskill questioned the agencies effectiveness in protecting consumers from defective automobiles. Deputy Administrator, David Friedman was grilled about the agencies roll in the delay of General Motors’ recalls, including defective ignition switches which have been linked to 20 deaths. Continue reading

The National Highway Traffic Safety Administration (NHTSA) are proposing upgrades to the federal motor vehicle safety standard for child-restraint systems to ensure child passengers are protected in side crashes. The proposed upgrades would include a first-ever side impact test for car seats sold in the U.S. that are designed for children weighing up to 40 pounds. Continue reading