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Facts point to legal violations by Carlos Ghosn, says Nissan external review

YOKOHAMA, Japan — An external committee reviewing governance at Nissan Motor Co said on Wednesday there were enough facts to suspect violations of laws and the private use of company funds by ousted chairman Carlos Ghosn. Following a three-month audit of Nissan's governance after a scandal that shook the global auto industry, the committee put the blame squarely on what it called Ghosn's concentration of power. It also acknowledged Nissan CEO Hiroto Saikawa's role in Ghosn's salary arrangement at the heart of the scandal. Twenty years to the day since French automaker Renault SA agreed to rescue Nissan, the committee described a corporate culture at Nissan "in which no one can make any objections to Mr. Ghosn," who was "in a way deified within Nissan as a savior who had redeemed Nissan from collapse." A representative for Ghosn replied in a statement that the allegations made against the former Nissan chairman "will be revealed for what they are: part of an unsubstantiated smear campaign against Carlos Ghosn to prevent the integration of the Alliance and conceal Nissan's deteriorating performance." The group issued 38 recommendations to bolster Nissan's governance, including that top executive positions at the Japanese car maker should not be held by people serving in executive positions at Renault or junior partner Mitsubishi Motors. It also proposed that the majority of directors, including the chairman of the board, be independent, outside directors and that the role of company chairman be abolished. Responding to the committee's comments, Saikawa told reporters on Thursday that Nissan would seriously consider the committee's recommendations, which he characterized as "tough." Saikawa, who was speaking outside his home, did not specifically address his responsibility in the scandal but has previously said that top management, including himself, were responsible for weak governance which led to the misconduct. The recommendations from the external, seven-member committee came weeks after Nissan and Renault said they would retool their alliance, one of the world's biggest automaking groupings, to break up the all-powerful chairmanship previously held by Ghosn. "There are facts sufficient to suspect violations of laws and regulations, violation of internal rules and private use of company funds and expenses ... by Mr. Ghosn," the committee said in its report.

Nissan, Kia under investigation over occupant detection systems

Kia and Nissan are facing separate investigations by the National Highway Traffic Safety Administration because of alleged problems with the occupant detection systems in their vehicles' airbags. The larger investigation is NHTSA's new engineering analysis into 986,826 Nissan and Infiniti vehicles. They include the 2013 Nissan NV200 and 2013-2014 Altima, Leaf, Pathfinder, and Sentra. Among the Infinitis, there are the 2013 JX35 and 2014 Q50 and QX60. Owners allege the occupant classification system can misidentify passengers and turn off the airbag if they don't weigh enough. Nissan recalled over a million vehicles worldwide last year to fix the same problem with a software update, but NHTSA kept getting complaints about the issue after the repair. The agency opened a preliminary evaluation in March, and after 1,271 complaints it has now been updated to an engineering analysis. The Feds intend to evaluate the effectiveness of Nissan's solution. NHTSA is also opening a preliminary evaluation into the 2007-2009 Kia Spectra for the occupant classification not working properly, and it could affect an estimated 186,000 of these vehicles. The government agency has 43 complaints from people allegedly reporting the failures. According to NHTSA, the issue could result in the airbag not deploying with enough force or not activating at all in an accident. This investigation is meant to assess the scope of the potential flaw, and there's no recall yet. INVESTIGATION Subject : Occupant Classification System Fault Date Investigation Opened: SEP 01, 2015 Date Investigation Closed: Open NHTSA Action Number: PE15031 Component(s): AIR BAGS All Products Associated with this Investigation Vehicle Make Model Model Year(s) KIA SPECTRA 2007-2009 Details Manufacturer: Kia Motors America SUMMARY: The Office of Defects Investigation (ODI) has received 43 complaints alleging a malfunction of the front passenger seat occupant classification system (OCS) in 2007-2009 Kia Spectra vehicles. The complaints report illumination of the SRS (air bag) warning light. All of the complaints allege the cause of the light illumination to be a malfunction of the OCS sensor mat imbedded in the passenger seat cushion, and/or report the presence of diagnostic trouble code B1448 which relates to the OCS sensor mat also. Many of the complaints note the malfunction occurred after the warranty period expired and mention high repair costs as a major deterrent to repairing the vehicle.

NHTSA, IIHS, and 20 automakers to make auto braking standard by 2022

The National Highway Traffic Safety Administration, the Insurance Institute for Highway Safety and virtually every automaker in the US domestic market have announced a pact to make automatic emergency braking standard by 2022. Here's the full rundown of companies involved: BMW, Fiat Chrysler Automobiles, Ford, General Motors, Honda, Hyundai, Jaguar Land Rover, Kia, Mazda, Mercedes-Benz, Mitsubishi, Nissan, Subaru, Tesla, Toyota, Volkswagen, and Volvo (not to mention the brands that fall under each automaker's respective umbrella). Like we reported yesterday, AEB will be as ubiquitous in the future as traction and stability control are today. But the thing to note here is that this is not a governmental mandate. It's truly an agreement between automakers and the government, a fact that NHTSA claims will lead to widespread adoption three years sooner than a formal rule. That fact in itself should prevent up to 28,000 crashes and 12,000 injuries. The agreement will come into effect in two waves. For the majority of vehicles on the road – those with gross vehicle weights below 8,500 pounds – AEB will need to be standard equipment by September 1, 2022. Vehicles between 8,501 and 10,000 pounds will have an extra three years to offer AEB. "It's an exciting time for vehicle safety. By proactively making emergency braking systems standard equipment on their vehicles, these 20 automakers will help prevent thousands of crashes and save lives," said Secretary of Transportation Anthony Foxx said in an official statement. "It's a win for safety and a win for consumers." Read on for the official press release from NHTSA. Related Video: U.S. DOT and IIHS announce historic commitment of 20 automakers to make automatic emergency braking standard on new vehicles McLEAN, Va. – The U.S. Department of Transportation's National Highway Traffic Safety Administration and the Insurance Institute for Highway Safety announced today a historic commitment by 20 automakers representing more than 99 percent of the U.S. auto market to make automatic emergency braking a standard feature on virtually all new cars no later than NHTSA's 2022 reporting year, which begins Sept 1, 2022. Automakers making the commitment are Audi, BMW, FCA US LLC, Ford, General Motors, Honda, Hyundai, Jaguar Land Rover, Kia, Maserati, Mazda, Mercedes-Benz, Mitsubishi Motors, Nissan, Porsche, Subaru, Tesla Motors Inc., Toyota, Volkswagen and Volvo Car USA.