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US expands probe into ZF-TRW airbag failure-to-deploy to 12.3 million vehicles

DETROIT — U.S. auto safety regulators have expanded an investigation into malfunctioning airbag controls to include 12.3 million vehicles because the bags may not inflate in a crash. The problem could be responsible for as many as eight deaths. Vehicles made by Toyota, Honda, Kia, Hyundai, Mitsubishi and Fiat Chrysler from the 2010 through 2019 model years are included in the probe, which was revealed Tuesday in documents posted by the National Highway Traffic Safety Administration. It involves airbag control units made by ZF-TRW that were installed in the vehicles. The control units can fail in a crash, possibly because of unwanted electrical signals produced by the crash itself that can disable an air bag control circuit housed in the passenger compartment, according to NHTSA documents. The electrical signals can damage the control circuit, the documents say. ZF, a German auto parts maker which acquired TRW Automotive in 2015, said in a statement that it's committed to safety and is cooperating with NHTSA and automakers in the investigation. The case is another in a long list of problems with auto industry airbags, including faulty and potentially deadly Takata airbag inflators. At least 24 people have been killed worldwide and more than 200 injured by the inflators, which can explode with too much force and hurl dangerous shrapnel into the passenger cabin. The inflators touched off the largest series of automotive recalls in U.S. history involving with as many as 70 million inflators to be recalled by the end of next year. About 100 million inflators are to be recalled worldwide. On April 19, NHTSA upgraded the ZF-TRW probe from a preliminary evaluation to an engineering analysis, which is a step closer toward seeking recalls. So far, only Hyundai and Kia and Fiat Chrysler have issued recalls in the case. Four deaths that may have been caused by the problem were reported in Hyundai-Kia vehicles and three in Fiat Chrysler automobiles. NHTSA opened an investigation in March of 2017 involving the TRW parts in Hyundais and Kias. The upgrade came after investigators found two recent serious crashes involving 2018 and 2019 Toyota Corollas in which the airbags did not inflate. One person was killed. Jason Levine, executive director of the Center for Auto Safety, a nonprofit consumer group, said the ZF-TRW case shows the auto industry thus far has learned very little from Takata.

Toyota Supra, Rolls-Royces, dozens of BMWs recalled for backup camera issue

Weeks after Nissan and Infiniti recalled more than 1.2 million vehicles for a potentially dangerous programming oversight in the backup camera settings, BMW has issued a recall for similar problems. The recall, which covers 257,481 vehicles, includes numerous BMWs, as well as two Rolls-Royce models, and the 2020 Toyota Supra.  In total, the recall potentially affects 51 different products. This includes the 2018 BMW 540D, 2018–2019 BMW 640I, Rolls-Royce Phantom, 2018–2020 BMW 530e, 530i, 540i, M5, M550i, X3, 2019 Rolls-Royce Cullinan, 2019–2020 BMW 330I, 740Le, 740Li, 745Le, 750Li, 840i, M340i, M850i, X4, X5, X6, X7, Z4, and 2020 Toyota Supra. On certain BMW models, xDrive variants are also included. According to NHTSA campaign No. 19V684000, "The back-up camera and display settings can be adjusted such that the rearview image is no longer visible and the system will retain that setting the next time the vehicle is placed in reverse." If there is no display image when backing up, drivers can't properly see, and the car no longer meets modern safety regulations. Specifically, Federal Motor Vehicle Safety Standard (FMVSS) number 111, "Rearview Mirrors."  The recall was filed on September 27, 2019, and BMW plans to begin notifying affected owners in November. BMW, Toyota, and Rolls-Royce dealers will update the vehicles' software, which should fix the problem. 

Legal approach in $1.2 billion Toyota settlement could impact handling of GM recall cases

In the past, if an automaker did something wrong, they were usually prosecuted by the US government through something called the TREAD Act. Short for Transportation Recall Enhancement, Accountability and Documentation Act, it basically requires automakers to report recalls in other countries, along with any and all serious injuries or deaths, to the National Highway Traffic Safety Administration.
Failing to report or attempting to conceal anything when there's been a death or serious injury constitutes a criminal liability. The idea is that this setup puts the onus on manufacturers to keep NHTSA apprised of safety related issues before they become a problem in the US, thereby allowing the regulator to better protect consumers.
In theory, it sounds like a relatively airtight set of rules for dealing with misbehaving automakers. That didn't stop the US Department of Justice from ignoring TREAD in its prosecution of Toyota's handling of the unintended acceleration recall, though. The result of this new approach, which charged Toyota with wire fraud, was a $1.2 billion settlement. Now, the wire-fraud approach could be used for the expected case between the US government and General Motors, based on the statements of Attorney General Eric Holder, who specifically mentioned "similarly situated companies" when discussing Toyota.