ALLEGED PREMATURE TIE ROD FAILURE

ON AUGUST 2, 2005, ODI RECEIVED A PETITION SUBMITTED BY MS. MIRIAM SCHNEIDER OF OLNEY, MD, REQUESTING AN INVESTIGATION OF ALLEGEDLY DEFECTIVE TIE RODS IN CERTAIN MODEL YEAR (MY) 1999 VOLKSWAGEN PASSAT VEHICLES NOT INCLUDED IN TWO PREVIOUS SAFETY RECALL CAMPAIGNS (IDENTIFIED HENCEFORTH AS THE SUBJECT VEHICLES). IN A SEPTEMBER 1999 LETTER, VOLKSWAGEN OF AMERICA, INC. (VW) NOTIFIED THE AGENCY THAT AN UNDETERMINED PERCENTAGE OF MY 1998-1999 VOLKSWAGEN PASSAT AND AUDI A4, A6, AND A8 VEHICLES CONTAINED A SAFETY-RELATED DEFECT AFFECTING ALUMINUM TIE ROD ENDS IN THE STEERING SYSTEM. VW INDICATED THAT IT WAS POSSIBLE THAT SOME TIE RODS WOULD NOT SEAL PROPERLY WHICH COULD ALLOW MOISTURE AND DUST PARTICLES TO ENTER THE SWIVEL BEARING MECHANISM, RESULTING IN PREMATURE WEAR. THE APPROXIMATELY 22,200 VOLKSWAGEN AND 29,700 AUDI VEHICLES AFFECTED BY THIS RECALL (IDENTIFIED BY NHTSA RECALL NO. 99V-248) WERE BUILT FROM JANUARY 1998 THROUGH JULY 1998 AND FELL WITHIN A SPECIFIC VEHICLE IDENTIFICATION NUMBER (VIN) RANGE. IN NOVEMBER 2000, VW CHOSE TO EXPAND THE SCOPE OF THE RECALL (IDENTIFIED BY NHTSA RECALL NO. 00V-414) AFTER IT DETERMINED THAT SOME POTENTIALLY DEFECTIVE ALUMINUM TIE ROD ENDS MAY HAVE BEEN INSTALLED IN AN ADDITIONAL 44,000 VOLKSWAGEN AND 39,000 AUDI VEHICLES BUILT FROM AUGUST 1998 THROUGH APRIL 1999. THESE SUBJECT RECALL ACTIONS WERE NOT INFLUENCED BY ODI. INSTEAD, VW MADE AN INDEPENDENT DETERMINATION TO CONDUCT A RECALL AFTER GERMAN VEHICLE INSPECTION AUTHORITIES NOTIFIED IT OF ¿WORN¿ TIE RODS AND FACTORY INSPECTION OF SOME ¿WORN¿ TIE RODS REVEALED IMPROPER SEALING. ACCORDING TO A DECEMBER 2004 REPORT, THE PETITIONER BROUGHT HER MY 1999 PASSAT TO AN AUTHORIZED VOLKSWAGEN DEALER FOR AN UNRELATED RECALL REPAIR WHERE SHE WAS NOTIFIED BY SERVICE PERSONNEL THAT, AFTER 59,000 MILES TRAVELED, THE TIE RODS ¿HAVE TOO MUCH PLAY,¿ AND THE RECOMMENDED REPAIRS WOULD NOT BE COVERED FREE OF CHARGE BECAUSE HER VIN (WVWNA63B1XE499116) WAS OUTSIDE THE RECALL RANGE. IN JUNE 2005, AFTER