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NHTSA Investigates Unexpected Braking In Honda And Tesla Vehicles

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Automotive Defect Investigation

The NHTSA Office of Defects Investigation (NHTSA) has opened two separate investigations related to unexpected breaking in certain Honda and Tesla vehicles. These vehicles are equipped with collision mitigation braking systems (CMBS) or advanced driver assistance systems (ADAS), which visually and audibly alert the drivers of a potential collision. Under certain circumstances, the system will automatically apply the brakes to help reduce the force of an unavoidable collision.

The problem of unexpected braking has been called “Phantom Braking”. Phantom braking is when a vehicle’s brakes activate unexpectedly even when traffic is flowing normally or there is no obstacle to avoid.

Inadvertent Automatic Emergency Braking
2017-2019 Honda CR-V and 2018-2019 Honda Accord
NHTSA Investigation Number: PE22003

The NHTSA has received a total of 278 complaints and several Early Warning Reports alleging unexpected activation of the collision mitigation braking system (CMBS) in some 2017-2019 Honda CR-V and 2018-2019 Honda Accord vehicles. Driver complaints include high-speed braking incidents occurring with nothing obstructing the vehicle’s path of travel. Of the 278 complaints, 6 allege a collision with minor injuries.

Inadvertent or unexpected braking activation while driving can cause unexpected speed reductions that can lead to increased vulnerability to rear-end impact collisions. The complaints allege that the inadvertent braking events occur without warning and randomly.

Unexpected Brake Activation
2021-2022 Tesla Model 3 and 2021-2022 Tesla Model Y
NHTSA Investigation Number: PE22002

The NHTSA has also received 354 complaints alleging unexpected brake activation in 2021-2022 Tesla Model 3 and 2021-2022 Tesla Model Y vehicles.

Driver reports have been characterized as “phantom braking”. Tesla describes the subject vehicles as equipped with a suite of advanced driver assistance system (ADAS) features referred to as Autopilot which Tesla states will allow the vehicle to brake and steer automatically within its lanes.

The complaints allege that while utilizing the ADAS features including adaptive cruise control, the vehicle unexpectedly applies its brakes while driving at highway speeds. Complainants report that the rapid deceleration can occur without warning, at random, and often repeated in a single drive cycle.

These investigations are a Preliminary Evaluation (PE) to determine the scope and severity of the potential problem and to fully assess the potential of these safety-related issues. If a defect is found, the NHTSA will issue a recall.

2021-2022 Chevrolet Corvette – Missing Bearings In Rear Half Shaft

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A small number of 2021-2022 Chevrolet Corvette owners will be contacted by the manufacturer regarding a problem affecting the rear half shaft assemblies in their vehicles. According to the defect report, Some Corvettes may have a rear half-shaft assembly that is missing one or more ball bearings. If any ball bearings are missing, the half-shaft will eventually fail, resulting in a loss of propulsion.

In September 2021, a General Motors (GM) engineer carried out a warranty inspection of a rear half shaft recovered from a 2021 Chevrolet Corvette. The half shaft fractured and caused the vehicle to lose propulsion. Upon further inspection, it was found that the half shaft was missing two of six ball bearings. Follow-up, discussions with the supplier identified a potential failure in the inspection process that led to the miss-build. In October, the GM engineer submitted a report to GM’s Speak Up For Safety (SUFS) program and the supplier identified 19 vehicle identification numbers (VINs) containing half-shafts that may have been improperly inspected.

GM is not aware of any injuries or crashes related to this condition. In February, GM’s Safety and Field Action Decision Authority decided to conduct a safety recall for any 2021-2022 Chevrolet Corvette that may have received suspect rear half shaft assemblies.

Those receiving notices will be asked to return to their GM dealers to have the left and/or right rear half-shaft assemblies inspected and replaced as necessary. Owner notification letters are expected to be mailed in April. GM’s number for this recall is N212351320 and the NHTSA campaign number is 22V-091.

Do you think your Chevy Corvette could be a Lemon? Don’t live with a Lemon, especially if the problems you are having are safety-related. If you have any questions about your rights and the California Lemon Law, please call our office at 888-395-3666 for some great Lemon Law advice.

2021 Toyota C-HR Pre-Collision System Inoperative Without Warning

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In December 2020, Toyota began an investigation into certain 2021 Toyota C-HR crossover SUVs after receiving field reports from the Japanese market alleging that when using the Traffic Movement Notification feature (a Japanese market feature not available in the U.S.), the vehicle radar sensor did not detect a vehicle driving in front of it. An inoperative radar sensor also meant that other features, such as Pre-Collision System (PCS), Dynamic Radar Cruise Control (DRCC), and Lane Tracing Assist (LTA) could be affected. In these cases, dealer technicians observed that the beam axis for the radar sensor was out of specification and adjusted it during the inspection. After completing the adjustment and initializing the radar sensor, the vehicles were able to detect the preceding vehicle.

According to the defect report, certain 2021 Toyota C-HR vehicles are equipped with a millimeter-wave sensor (radar sensor) and a camera to detect objects in front of it. These sensors also support certain driver assistance features, including the Pre-Collision System (PCS).

Under certain circumstances, the initialization of the radar sensor may not have been completed correctly, resulting in the PCS not being able to detect an object in front of it. As a result, the vehicle will not provide warnings or braking assist, and would not display a message or indicator to the driver that PCS is not functional. An inoperative PCS, without a PCS malfunction indicator to the driver, may increase the risk of a crash in certain driving situations.

As of January 2022, Toyota has not received any U.S. field reports or warranty claims related to this condition. Based on their investigation results, however, Toyota decided to conduct a voluntary safety recall campaign. Owners of the subject vehicles will be asked to take their vehicles to their Toyota dealer to have the radar sensor inspected and properly initialize if necessary. Toyota’s number for this recall is 22TA02 and the NHTSA campaign number is 22V-107.

Fire Warning For Chrysler Pacifica PHEV

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Chrysler (FCA US, LLC) will be contacting the owners of certain 2017-2018 Pacifica Plug-In Hybrid Electric Vehicles (PHEV) for a problem that could result in a vehicle fire.

In August 2021, Chrysler Technical Safety and Regulatory Compliance Organization opened an investigation into a reported trend of fires in certain Chrysler Pacifica PHEVs. Since August 2021, there have been five customer records and twelve field reports relating to this issue. The potentially affected vehicles include 2017-2018 Chrysler Pacifica PHEVs manufactured between August 12, 2016, when production of Chrysler Pacifica PHEVs began, and ended on August 7, 2018, when the 2018 model year production ended. Chrysler will conduct a voluntary safety recall on all affected vehicles.

Although the automaker is still investigating the cause, the fire risk is likely due to corrosion of an electrical connection inside the Pacifica’s 12-volt battery system. This system is used to power auxiliary features, including radios and garage door openers, and is not part of the vehicle’s plug-in hybrid propulsion system. However, only hybrid vehicles are included in this recall.

According to the NHTSA defect report, “Certain 2017-2018 Chrysler Pacifica Hybrid vehicles may experience a fire, even with the ignition in the “OFF” mode. A vehicle fire can result in an increased risk of occupant injury and/or injury to persons outside the vehicle, as well as property damage.”

Because the remedy is under development, Chrysler is advising owners of these hybrid vehicles to refrain from recharging them and to park them away from structures and other vehicles. Owners can keep operating the vehicles using the internal combustion engine.

Letters notifying owners of the safety risk are expected to be mailed later this month. Second letters will be mailed once the remedy is available. FCA US LLC’s number for this recall is Z11 and the NHTSA campaign number is 22V-077.

Don’t live with a Lemon, especially if the problems you are having is safety related. If you have any questions about your rights and the California Lemon Law, please call our office at 888-395-3666 for some great Lemon Law advice.

Engine Power Warning!
Chevy Malibu, Buick LaCrosse & Buick Regal

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chevy malibu engine power reducedLoss of Continuity within Accelerator Pedal Position Sensor Circuit in some 2016-2018 model year Chevrolet Malibu, 2017-2018 model year Buick LaCrosse and 2018 model year Buick Regal vehicles

The automobiles listed above do not have a mechanical connection for the accelerator pedal, instead, there is an electronic throttle control responsible for engine acceleration. The system includes an accelerator pedal position sensor, which tells the power train how much acceleration the driver requests.

General Motors have identified a problem affecting the acceleration position sensor in some 2016-2018 Chevrolet Malibu, 2017-2018 Buick LaCrosse and 2018 Buick Regal vehicles.

According to the Special Coverage Adjustment report N182188250 Loss of Continuity within Accelerator Pedal Position Sensor Circuit, the above vehicles may have a condition that affects the electrical connection to one of the vehicle’s position sensors in the accelerator pedal. If the electrical connection is interrupted, the accelerator pedal will still function, but the vehicle will enter a reduced engine power mode in which the maximum acceleration and torque are reduced.

When this problem occurs the driver will notice a reduction in engine power, the malfunction indicator lamp and the check engine lights illuminate and a diagnostic trouble code P2138 will be set. The problem could result in an unexpected and instant loss of power, which puts everyone on the road in danger.

General Motors will be offering special coverage for the condition described above for a period of 10 years or 150,000 miles (240,000 km), whichever occurs first, from the date the vehicle was originally placed in service, regardless of ownership. 2016-2018 model year Chevrolet Malibu, 2017-2018 model year Buick LaCrosse and 2018 model year Buick Regal vehicles.

Click Here to see the complete Special Coverage Adjustment N182188250 Loss of Continuity within Accelerator Pedal Position Sensor Circuit.

Rear Wheel Driveshaft Assemblies May Fail In Certain GM SUVs

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The rear-wheel driveshaft assemblies on certain 2021 Cadillac, 2021 Chevrolet and 2021 GMC SUV trucks could fail and cause an increased chance of an accident. GM will be contacting owners and asking them to return to their dealership for repairs.

In October 2021, GM’s supplier of rear-wheel drive-shaft assemblies informed them that certain assemblies shipped to GM’s Arlington, Texas plant may have been manufactured improperly. GM opened an investigation and found that the suspect components could deform over time and result in drive shaft seizures.

According to the defect report, the rear-wheel drive-shaft assemblies may have been manufactured with recirculating balls that were not properly heat treated. The recirculating balls could deform over time, resulting in noise and vibration. If the vehicle continues to be driven, the affected joint in the drive shaft assembly could seize and the vehicle could lose propulsion.

Vehicles manufactured with these defective driveshafts assemblies include:
2021 Cadillac Escalade
2021 Cadillac Escalade ESV
2021 Chevrolet Suburban
2021 Chevrolet Tahoe
2021 GMC Yukon
2021 GMC Yukon XL

The supplier’s equipment failure was corrected on June 4, 2021 and components produced after that time were properly heat treated. Vehicles produced after October 4, 2021, were equipped with drive shaft assemblies containing components that were produced outside of the suspect window.

Owners will be asked to return to their dealers to have the left and/or right rear driveshaft assemblies replaced. GM’s number for this recall is N212351030, N212351031 and N212351032. The NHTSA campaign number is 22V-036. Customer interim notifications are estimated to be sent out on March 14, 2022.

Don’t live with a Lemon. If you are having problems with your vehicle and have questions about your rights and the California Lemon Law, please call our office at 888-395-3666.

Chevy Bolt Battery Replacements Are Slow

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General Motors believes that they have the final resolution for the Chevy Bolt saga by replacing the entire battery system on the Bolts. While the new batteries are starting to make their way into the Chevy dealerships, and into the vehicles, the waitlist is long, and the dealerships are getting limited inventory. One dealership we recently spoke with informed us that due to the physical complications in replacing the batteries, the process is slow, yielding perhaps only one or two vehicles per day. At this pace, the replacement of batteries into all Bolts will take several months.

In the meantime, GM has offered repurchases to many owners of the Bolts, but they’re not following up with consumers with time frames or logistics. While promises are being made, actions are not. And while a case is pending with GM, consumers are still struggling with how to protect themselves from dangerous fires, or something even as simple as where to safely park their Bolt.

We now have a client whose Bolt actually did catch fire in the middle of the night causing the destruction of the vehicle and other property. So, we know first-hand just how dangerous these vehicles are, and the destruction they’re capable of. Please heed all of the warnings GM has given and especially do not park a Chevy Bolt in an enclosed area.

We are still successfully pursuing Bolt cases against GM on a daily basis. For a free consultation, please email attorney Barry Edzant directly at BarryE@valencialaw.com and I will personally discuss your case with you. Be safe!

2018 Ford F-150 – Tailgate Could Unexpectedly Open

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Ford Motor Company (Ford) will be contacting the owners of certain 2018 F-150 vehicles with manual and power release tailgates because the tailgate latches on their trucks could unlatch unexpectedly while driving.

In September 2021, a problem affecting tailgate latches on certain 2018 Model Year F-150 trucks, was brought to the attention of Ford’s Critical Concern Review Group. The affected vehicles were built with a tailgate latch that could unlatch under certain loading conditions and cause unintended opening of the tailgate while the vehicle is in motion.

According to the defect report, the suspect tailgate latch design incorporates a latch pawl that is perpendicular to the catch mechanism. This latch design is susceptible to pawl walkout (unlatching) under certain dynamic loading conditions in this tailgate application. Unintended tailgate opening without vehicle operator knowledge may result in loss of unrestrained cargo increasing the risk of a crash. An unintended tailgate opening will only be apparent to an operator if they notice it prior to entering the vehicle.

Owners will be notified by mail and instructed to take their vehicle to a Ford or Lincoln dealer to have both the left-hand and right-hand tailgate latches replaced. The recalled tailgate latches (JL3A-9943150-AC and JL3A-9943150-BC) will be replaced with tailgate latches that incorporate a different latch pawl design (5L3Z-9943150-A).

In April 2018, Dearborn Truck Plant reverted to the initial latch design. Vehicles not included in this recall were built with latches that incorporate a different latch pawl design. Ford’s number for this recall is 21S53 and the NHTSA campaign number is 21V-983.