Jeep #4 Report: NHTSA’s July 2 Public Hearing

It seems that I found out about the National Highway Transportation Safety  Administration’s public hearing a little too late. I was thinking about attending, so I went online to find out more details.

Today I read the Supplemental notice of public hearing and learned you must register to attend or speak, and the deadline for registration was yesterday. I just called and left a message with the registrar. I tried to be brief as I recounted how a water-damaged vehicle was sold to me as new and the dealership and manufacturer failed to take the car back and refund my money. For details, I referred her here, to The Evening Rabbit Report blog.

My hope is that the registrar will call me back so that I can learn more about what is going on. Good thing I didn’t just show up at the public hearing unannounced. With 23 recalls, there might not be enough room to fit everyone who wants to attend.

Note:  The Supplemental notice lists 20 recalls, but Web sites with recall information show that FCA is up to 23 recalls, the most recent being the one about the water leak that can cause a fire.

SUMMARY: NHTSA will hold a public hearing on whether Fiat Chrysler Automobiles US LLC (Fiat Chrysler) has reasonably met its obligations to remedy recalled vehicles and to notify NHTSA, owners, and purchasers of recalls. This notice provides supplemental information on the subject matter of the hearing.

It would be great if the public hearing was broadcast live on the Internet! (And I will recommend that to the registrar if she calls me back.) Now that would really be a public hearing. That would also give people an opportunity to say “me, too!” Add one more consumer complaint to the list.

The cutoff date for written comments was June 23. I did not find out about the hearing until June 27. I was remiss on doing my Jeep News Research!

Question of the Day:  To the officials at the public hearing:  Who decides whether the consumer gets a buy back or a replacement? Does the government leave that up to the manufacturer, or is it the consumer’s choice?

Recall Remedy Requirements  A manufacturer of a recalled motor vehicle is required to remedy the vehicle’s defect or noncompliance without charge. 49 U.S.C. 30120(a). The manufacturer may repair the vehicle, replace the vehicle with an identical or reasonably equivalent vehicle, or refund the purchase price, less a reasonable allowance for depreciation. Id. If a manufacturer decides to repair a defect or noncompliance and the repair is not done adequately within a reasonable time, the manufacturer shall replace the vehicle without charge with an identical or reasonably equivalent vehicle, or refund the purchase price, less a reasonable allowance for depreciation. Id. Sec. 30120(c).  On its own motion or on application by any interested person, NHTSA may conduct a hearing to decide whether a manufacturer has reasonably met the remedy requirements. Id. Sec. 30120(e); 49 CFR 557.6. If NHTSA decides that the manufacturer has not reasonably met the remedy requirements, it shall order the manufacturer to take specified action to meet those requirements, including by ordering the manufacturer to refund the purchase price of the defective or noncomplying vehicles, less a reasonable allowance for depreciation. 49 U.S.C. 30120(a), (c), (e); see 49 CFR 557.8. NHTSA may also take any other action authorized by the Safety Act. 49 U.S.C. 30120(e); 49 CFR 557.8. A person that violates the Safety Act, including the remedy requirements, or regulations prescribed thereunder, is liable to the United States Government for a civil penalty of not more than $7,000 for each violation. 49 U.S.C. 30165(a)(1); 49 CFR 578.6. A separate violation occurs for each motor vehicle and for each failure to perform a required act. Id. The maximum penalty for a related series of violations is $35,000,000. Id.

My message to government officials for the July 2 public hearing:  Fiat Chrysler continues to manufacture Jeeps with defects that allow water to get into the interior, including the dashboard (not just affecting the power lift-gate). I was sold one of these vehicles on March 2, 2015. Supposedly the water leak caused by the faulty sunroof drain tube was fixed. I disagree. I believe smaller amounts of water continue to get in the car, and this is what causes my instrument panel to go dim and brighten at random intervals when we have a steady rain. When I took the car back a second time, the dealership service center insisted the problem was fixed. It is not fixed. The car is defective, and I want and believe I deserve a full refund.

UPDATE:  a few hours later…  A wonderful attorney at NHTSA just called and informed me that the comment period is not closed and explained to me how to submit my statement online. She was most encouraging to me about the Jeep #4 drama. God Bless You Kara Fisher!

nhsta case

Advertisements

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s