The National Traffic and Motor Vehicle Safety Act was established in 1966 to give the Department of Transportation National Highway Traffic Safety Administration (NHTSA) authority to issue and enforce vehicle safety standards. These standards set minimum performance requirements for those parts of the vehicle that affect its safe operation (brakes, tires, lighting) or that protect drivers and passengers from death or serious injury (air bags, safety belts, child restraints, energy absorbing steering columns, motorcycle helmets). Federal Standards are applicable to all vehicles and vehicle-related equipment manufactured or imported for sale in the United States and certified for use on public roads and highways.

Since the act was enacted, over 390 million cars, trucks, buses, recreational vehicles, motorcycles, and mopeds, as well as 46 million tires, 66 million pieces of motor vehicle equipment, and 42 million child safety seats have been recalled to correct problems. In most cases, manufacturers voluntarily initiate recalls, but many are influenced by NHTSA investigations or ordered by NHTSA via courts. When a safety defect is discovered, the manufacturer must notify NHTSA, as well as vehicle or equipment owners, dealers, and distributors. The manufacturer is then required to remedy the problem while the NHTSA monitors the corrective action to ensure successful completion of the recall campaign.

What Is a safety defect?

The United States Code for Motor Vehicle Safety (Title 49, Chapter 301) defines motor vehicle safety as “the performance of a motor vehicle or motor vehicle equipment in a way that protects the public against unreasonable risk of accidents occurring because of the design, construction, or performance of a motor vehicle, and against unreasonable risk of death or injury in an accident, and includes nonoperational safety of a motor vehicle.” A defect includes “any defect in performance, construction, a component, or material of a motor vehicle or motor vehicle equipment.” Generally, a safety defect is defined as a problem that exists in a motor vehicle or item of motor vehicle equipment that:

• poses an risk to motor vehicle safety, and
• may exist in a group of vehicles of the same design or manufacture, or items of equipment of the same type and manufacture.

Examples of defects considered safety related

• Steering components that break suddenly causing partial or complete loss of vehicle control.
• Problems with fuel system components, particularly in their susceptibility to crash damage, that result in leakage of fuel and possibly cause vehicle fires.
• Accelerator controls that may break or stick.
• Wheels that crack or break, resulting in loss of vehicle control.
• Engine cooling fan blades that break unexpectedly causing injury to persons working on a vehicle.
• Windshield wiper assemblies that fail to operate properly.
• Seats and/or seat backs that fail unexpectedly during normal use.
• Critical vehicle components that break, fall apart, or separate from the vehicle, causing potential loss of vehicle control or injury to persons inside or outside the vehicle.
• Wiring system problems that result in a fire or loss of lighting.
• Car ramps or jacks that may collapse and cause injury to someone working on a vehicle.
• Air bags that deploy under conditions for which they are not intended to deploy.
• Child safety seats that contain defective safety belts, buckles, or components that create a risk of injury, not only in a vehicle crash but also in non-operational safety of a motor vehicle.

Examples of defects NOT considered safety related:

• Air conditioners and radios that do not operate properly.
• Ordinary wear of equipment that has to be inspected, maintained and replaced periodically. Such equipment includes shock absorbers, batteries, brake pads and shoes, and exhaust systems.
• Nonstructural or body panel rust.
• Quality of paint or cosmetic blemishes.
• Excessive oil consumption.

How do you know if your vehicle qualifies as a lemon under the California lemon law statute?

The California lemon law “presumption” is met if:

• The vehicle was purchased or leased new or used for personal or small business use.
• The manufacturer’s original new car warranty was still in effect when the problems started. (A manufacturer’s special diesel or powertrain warranty, or a manufacturer’s certified pre-owned used vehicle may also qualify.)
• The manufacturer was given a reasonable number of repair attempts to correct the problem. This includes three (3) or more repair attempts for the same or similar substantial problem or two (2) repair attempts for a safety related problem.
• Alternatively, if the vehicle was out of service at an authorized repair facility for a cumulative total of more than 30 days within the first 18 months or 18,000 miles, that too may qualify.

These are not absolute requirements to file for a vehicle buyback. There are many situations that do not meet these guidelines but may still entitle you to lemon law protection. Contact the Law Offices of Delsack & Associates to find out if your vehicle qualifies as a lemon.