Tesla Model S and Model X Battery Fire Investigation

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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.

Takata Airbags Ongoing investigation

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The NHTSA Office of Defects Investigation have opened an investigation to whether a safety defect related to propellant degradation exists in non-recalled desiccated PSAN frontal air bag inflators manufactured by Takata. This investigation will include information on the Takata production processes, a study of inflators in the field, lists of recall actions that may have used desiccated PSAN inflators as remedy parts, as well as the makes and models originally manufactured with them.

From 2000 through 2017, Takata produced air bag inflators using two types of phase-stabilized ammonium nitrate (PSAN) propellant – propellant 2004 and propellant 2004L. After prolonged exposure to high temperature cycles and humidity, inflators using propellant 2004 can degrade, causing the propellant to burn too quickly when ignited. The rapid burning can cause the inflator to rupture during deployment, potentially causing serious or even fatal injury to vehicle occupants.

“Takata have been studying the long-term behavior of Takata desiccated PSAN inflators using propellant 2004L (as well as 2004) in the presence of moisture and temperature cycling. The research efforts are ongoing and to date, none have identified field evidence showing that propellant 2004L is undergoing a degradation process that leads to aggressive deployment and potential rupture. However, the time in service of such inflators remains short compared to that of the inflators using propellant 2004. Further study is needed to assess the long-term safety of desiccated inflators using propellant 2004L. “

NHTSA Action Number: EA21002

Click Here to see the complete list of vehicles involved in this investigation.

Fuel Pump Failure In 2021 General Motors Full Size SUVs

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In July 2021 General Motors (GM) opened an investigation into fuel pump failures after a review of warranty data from certain 2021 GM full size SUVs. The data showed that there was a higher than expected rate of fuel pump control modules replaced for vehicles built within certain months. As part of the investigation, GM looked at the returned parts replaced in warranty claims and found the condition was caused by a manufacturing issue at the Tier 3 supplier.

According to the defect report, certain 2021 Cadillac, Chevrolet and GMC full size SUVs may have been manufactured with fuel pump power control modules which contain a defect that can cause the fuel pump to fail or operate intermittently. When this happens, fuel flow to the engine will be interrupted and the vehicle could unexpectedly stall.

The Vehicles Affected Include:
2021 Cadillac Escalade
2021 Cadillac Escalade ESV
2021 Chevrolet Suburban
2021 Chevrolet Tahoe
2021 GMC Yukon
2021 GMC Yukon XL

Owners receiving notices will be asked to return to their dealers to have the fuel pump power control module replaced. GM’s number for this recall is N212332040 and the NHTSA campaign number is 21V-739.

Chevy Silverado 1500 and GMC Sierra 1500 Ball Joint Failure

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In December 2020, Fox Factory received its first reports that certain GM vehicles fitted with Tuscany lift kits could experienced partial or complete wheel separation while in operation. Fox began reviewing field data and started a safety investigation to assess the failure mode, the failure rate and potential causes of the problem. By September 2021 Fox identified 28 warranty claims and field or service reports potentially relating to this issue and decided to initiate a voluntary safety recall.

According to the defect report, “Accelerated wear on the vehicle OEM installed ball joint in the front upper control arm can result in premature ball joint failure and a front wheel separation while the vehicle is in motion .”

Failure of a ball joint in a front upper control arm may be preceded by noise and / or a feeling of clicking in the steering, abnormal front tire wear and abnormal steering.

The Vehicles Affected Include:
2019-2021 Chevrolet Silverado 1500
2019-2021 GMC Sierra 1500

New Tuscany front upper control arms will be installed in place of the GM front upper control arms. The fix will include upgraded front upper control arms with stronger and less corrosion sceptible ball joints. NHTSA Campaign Number: 21V718.

2015 Jeep Grand Cherokee Lemon Law Buyback

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Our client purchased a new 2015 Jeep Grand Cherokee.

The first visit for service was on January 8, 2018 because the regeneration light was turning on and off and they needed to replace the key battery.

The next visit was on February 5th as the vehicle was still regenerating and having fumes coming into the cabin. The vehicle had regenerated 4 times in less than 1000 miles.

On May 22nd the Exhaust regeneration message came on the dash.

The Jeep Grand Cherokee was back in the shop on June 5th because after performing an oil change the vehicle was being prompted to regenerate after 150 miles.

Our client was back at the authorized dealership on September 18th for service as the Check engine light was on.

November 3rd the check engine light was on again, the throttle light was on and the exhaust filter was 100% full.

The last visit was on November 27th and the check engine light was on again and the message, “The exhaust filter is nearly full” came on.

It was at this point that our client looked into the California Lemon Law and called our firm, The Law Office of Barry L. Edzant and spoke with the attorney. He requested that some documents be emailed over for his review. After discussing the potential Lemon Law case with the gentleman, he decided to sign a retainer agreement.

A demand letter was sent to FCA, USA to buy back the 2015 Jeep Grand Cherokee under the California Lemon Law. FCA, USA decided to buy it back and reimbursed the client for their down payment, any payments made thus far, registration and pay off the balance of the loan minus a usage fee the manufacturer is entitled to under the Lemon Law. They also paid attorney fees.

Our client was very happy with the buyback. If you are having problems with your vehicle and think you may be driving a lemon, please contact our offices at 888-395-3666.

California Lemon Law Buyback
2017 Jeep Grand Cherokee

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Our client purchased a 2017 Jeep Grand Cherokee.

On September 28, 2018 he took his Jeep Grand Cherokee in for service because the A/C was not blowing cold air.

On March 19, 2019 he brought it back to the dealership because the A/C was not blowing cold air again.

On June 14th it was back at the dealership because there was a Freon or a chemical type smell upon turning the A/C on. The A/C was also making a loud hissing sound and would not get cooler as the day got hotter. Sometimes the A/C would not even turn on at all.

July 15th he brought it back to the dealership because the A/C would stop working after about an hour and there was still a hissing sound coming out of it.

It was at this point that he called our office for a free consultation with California Lemon Law Attorney, Barry L Edzant. After speaking with Mr. Edzant he sent in some paperwork to be reviewed. He signed on as a client and a demand letter was sent in to FCA, USA.

FCA, USA decided to buy back the vehicle under the California Lemon Law and reimbursed our client for his down payment, all payments made, his registration and paid off the vehicle minus a usage fee that manufacturer is entitled to under the law. They also paid the attorney fees. Our client was very happy with the result.

If you are having problem with your vehicle and have questions about your rights and the California Lemon Law, please call our office at 888-395-3666.

Toyota Tundra Headlight Electrical Connector Could Overheat

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Toyota will be asking owners of certain 2018-2021 Tundra trucks, to return to their dealership for a problem affecting the electrical circuits controlling the headlights in their vehicle.

The problem began in early April 2020 when Toyota received a field report alleging the headlamp connector on a subject vehicle overheated and caught fire. Since then, there have been 18 Toyota Field Technical Reports (12 alleging an inoperative headlamp and/or damage to the headlamp connector (e.g., connectors melting), but no apparent flame, and 6 alleging a flame at the headlamp assembly). There has also been 47 warranty claims (44 alleging an inoperative headlamp and/or damage to the headlamp connector (e.g., connectors melting), but no apparent flame, and 3 alleging a flame at the headlamp assembly).

According to the defect report, the subject vehicles are equipped with halogen headlamp electrical circuits that were designed incorrectly to allow the circuits for both the high and low beam bulb filaments to be energized simultaneously when the high beams are switched on. If the high beams are subjected to repeated extended use (e.g., continuously switched “on” in a commercial setting when the vehicle is idling or driving at low speed for extended periods of time and not allowing air flow to cool the headlamp connector), excess heat could lead to degradation of the bulb insulation and eventually the bulb connector. This can cause an open headlamp circuit, leading to an inoperative headlamp that can be noticed by the driver and repaired. However, if an open circuit does not occur, there is a possibility that the connector could continue to overheat, resulting in an increased risk of a fire.

Owners receiving notices will be asked to return to their dealers to have the engine wire harness assembly and headlight assembly inspected and replaced as necessary. Toyota’s numbers for this recall are 21TB06 and 21TA06 and the NHTSA campaign number is 21V-688.

Tesla Autopilot / Traffic Aware Cruise Control Investigation Into Crashes

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The Office of Defects Investigation of the National Highway Traffic Safety Administration (NHTSA) have opened an investigation (PE21-020) into crashes involving first responder scenes and vehicles manufactured by Tesla. The vehicles involved were operating in either Autopilot or Traffic Aware Cruise Control prior to the accident.

The Vehicles Affected Include:
2017-2021 Tesla Model 3
2014-2021 Tesla Model S
2015-2021 Tesla Model X
2019-2021 Tesla Model Y

Since January 2018, the NHTSA has identified twelve crashes in which Tesla models of various configurations, encountered first responder scenes and preceded to crash into one or more vehicles involved with those scenes. Most incidents took place after dark and included traffic control measures such as first responder vehicle lights, flares, an illuminated arrow board and road cones. The involved vehicles were all engaged in either Autopilot or Traffic Aware Cruise Control during the approach to the crashes.

Autopilot is an Advanced Driver Assistance System (ADAS) in which the vehicle maintains its speed and lane centring. With the ADAS active, the driver still holds primary responsibility for Object and Event Detection and Response (OEDR), e.g., identification of obstacles in the roadway or adverse maneuvers by other vehicles during the Dynamic Driving Task (DDT).

The NHTSA have opened a Preliminary Evaluation of the SAE Level 2 ADAS system (Autopilot) in the Tesla 3, S, X, and Y models. The investigation will evaluate the methods used to monitor, assist, and enforce the driver’s engagement with the dynamic driving task during Autopilot operation. The investigation will also assess the OEDR by vehicles when engaged in Autopilot mode and ODD in which the Autopilot mode is functional. The investigation will also include examination of the contributing circumstances for the confirmed crashes listed below and other similar crashes.