Feds can’t stop automakers from selling new cars with defective airbags

The head of the Department of Transportation told lawmakers on Wednesday that he does not have the power to prevent automakers from equipping new vehicles with defective airbags.

{mosads}Following an investigation spearheaded by Sen. Bill Nelson (D-Fla.) that revealed at least four automakers are still installing defective airbags from automotive parts supplier Takata in some new vehicles, Nelson pressed Transportation Secretary Anthony Foxx on how the agency can step in.

“This is wrong and outright fraud. These cars should be fixed before a consumer drives what they think is a perfect, new vehicle off the lot,” Nelson, the ranking member on the Commerce, Science and Transportation Committee, said during a panel hearing. “At a minimum, this information needs to be disclosed to the consumer when purchasing these new vehicles.”

Takata’s non-desiccated ammonium-nitrate inflators, which can explode with too much force and spray shrapnel into the vehicle, have been linked to 13 deaths and 100 injuries worldwide — leading to the largest auto recall in United States history. Takata announced last month it was recalling another 35 million to 40 million airbag inflators.

A provision tucked into last year’s surface highway transportation bill that was signed into law prohibits automakers from selling vehicles with recalled items.

But since the newer airbags are safer than the older models, they won’t be recalled until the end of 2019, while the primary focus remains on replacing the more dangerous airbags.

Foxx said that fact has prevented the agency from going after automakers that are still installing new vehicles with Takata airbags, since they won’t be recalled for two years.

He added that the department doesn’t even have the power to require car companies to tell customers if an item on a new vehicle will be recalled in the future.

“I do not believe we have that authority,” Foxx said. “I agree with you though that disclosure should happen before they are purchasing these new cars.”

Foxx assured lawmakers that the agency is taking a number of steps to spread the word about recalls, including a vigorous social media campaign.

The report from Senate Democrats, however, found that recall rates remain low. As of May 20, nationwide recall completion rates for each automaker range from 0.16 to 57.1 percent, according to the investigation.

“We are using every tool available,” Foxx said. “The unfortunate reality is that there’s only so much supply. I think we are doing everything we can within the universe of supply that is there.”

The four automakers known to be using Takata parts are Toyota, Volkswagen Group, Fiat Chrysler and Mitsubishi.