SEATBACK RECLINE MECHANISM FAILURE

ON JUNE 29, 2007, NHTSA RECEIVED A PETITION FROM MR. RICHARD H. MCSWAIN OF MCSWAIN ENGINEERING INC., REQUESTING THAT THE AGENCY INVESTIGATE SEATBACK RECLINER FAILURE IN THE SUBJECT VEHICLES. THE PETITIONER IDENTIFIED A FAILURE MODE INVOLVING BYPASS OF THE SEATBACK STOP PIN WHICH COULD RESULT IN A FALSE OR PARTIAL ENGAGEMENT OF THE SECTOR AND PAWL TEETH, ALLOWING THE SEATBACK TO RECLINE IN A VEHICULAR COLLISION. ODI BELIEVES THAT THE ALLEGED FAILURE MODE MAY BE THE RESULT OF PROGRESSIVE WEAR AND TEAR OF THE SEATBACK STOP PIN, THE SEATBACK STOP, AND OTHER SEAT COMPONENTS IN VEHICLES THAT ARE, ON AVERAGE, 17 YEARS OLD. AVAILABLE DATA DO NOT SUGGEST THAT THIS HAS OCCURRED WITH A NOTABLE FREQUENCY. ODI REVIEWED ITS CONSUMER COMPLAINT DATA RECEIVED OVER THE LAST NINETEEN YEARS AND FOUND NO COMPLAINTS OF SEATBACK COLLAPSE (WITH OR WITHOUT A VEHICLE COLLISION) IN THE SUBJECT VEHICLES. CONSIDERING THE ADVANCED AGE OF THE SUBJECT VEHICLES, IT IS UNLIKELY THAT NHTSA WOULD ISSUE AN ORDER FOR THE NOTIFICATION AND REMEDY OF THE ALLEGED DEFECT AS DEFINED BY THE PETITIONER AT THE CONCLUSION OF THE INVESTIGATION REQUESTED IN THE PETITION. THE STATUTORY REQUIREMENT THAT THE MANUFACTURER PROVIDE A FREE REMEDY DOES NOT APPLY IF THE VEHICLE WAS BOUGHT BY THE FIRST PURCHASER MORE THAN 10 CALENDAR YEARS BEFORE AN ORDER IS ISSUED. THEREFORE, IN VIEW OF THE NEED TO ALLOCATE AND PRIORITIZE NHTSA'S LIMITED RESOURCES TO BEST ACCOMPLISH THE AGENCY'S SAFETY MISSION, THE PETITION IS DENIED.