CAS Letter to Wisconsin Attorney General

 

July 15, 2002

Honorable James E Doyle
Attorney General of Wisconsin
Wisconsin Department of Justice
PO Box 7857
Madison WI 53707-7857

Dear Attorney General Doyle:

Not since the Ford Pinto has America seen a passenger car fuel tank defect
like the Ford Crown Victoria. Based on the limited available public data
for 1994-2000, the Center for Auto Safety (CAS) has identified 30 burn
deaths in 70 fatal fire crashes in the 1992-2001 Ford Crown Victoria,
Mercury Grand Marquis and Lincoln Town Car.1 Although
Ford claims this is a police cruiser problem, more fire deaths have occurred
in the public fleet which has the same fuel system.

The root cause of the Ford crash fires is a poorly located gas tank in
the crush zone of a rear impact where it can be punctured by any number
of objects between the bumper and rear axle. Ford has identified two such
puncture mechanisms – (1) an attaching hex nut bolt for the park
brake cable and (2) a sharp tab on the rear stabilizer bar U-bracket and
told dealers how to eliminate these puncture hazards in Technical
Service Bulletin (TSB) 01-21-14 on October 22, 2001. (Attachment A.)
Every 1992-2001 Crown Victoria, Grand Marquis and Town Car should have
these repairs made to reduce the risk of fire crashes in rear impacts.

Ford told NHTSA on April 29, 2002 "the
TSB-described modifications would be performed at the request of the vehicle
owner."2 Ford never notified any consumer of the
free repair even though Ford’s own data show the Crown Victoria is 4.8
times more likely to be involved in a fatal rear impact fire crash than
the comparable Chevrolet Caprice.

By failing to notify consumers of the free repair under TSB 01-21-14
on October 22, 2001, Ford violated Wisconsin
Code § 218.0172 (the "Secret Warranty Law") which requires
auto makers to notify owners by first class mail of "an extended
policy program under which a manufacturer undertakes to pay for all or
any part of the cost of repairing . . . any condition that may substantially
affect motor vehicle durability, reliability, or performance. . . . [except] service provided under a written warranty provided to a consumer, service
provided under a safety or emission-related recall program. . . ."

Although the TSB contains a statement that the repair is eligible under
the bumper to bumper warranty, CAS has yet to find a single consumer hwo
has been offered warranty coverage. Since Ford contends that TSB 01-21-14
is not safety related, it falls four-square within Wisconsin’s Secret
Warranty Law. Indeed, Ford took safety out of
the TSB during its drafting and limited application of the TSB to
"Body" and "Fuel" parts performance.3
Although NHTSA has initiated a safety investigation, Ford is vigorously
challenging the investigation on the grounds that there is no safety defect
and that it will not do a safety recall. Ford told NHTSA on February 8,
2002:

The information and documents provided in this response and the excellent
real world performance of the subject Crown Victoria, Grand Marquis,
and Town Car vehicles over a ten-year period provide compelling evidence
that there is no defect related to fuel system integrity in rear impacts
in the vehicles.4

Wisconsin should require Ford to comply with its Secret Warranty Law
and order immediate notification to all 1998-2001 Wisconsin Crown Victoria,
Grand Marquis and Lincoln Town Car owners who were entitled to a free
repair under TSB 01-21-14 on October 22, 2001 when it was issued. In addition,
we urge you to initiate an investigation as to whether you have authority
under any Wisconsin law to obtain a similar free repair that could prevent
crash fires in full size 1992-2001 Ford Crown Victoria, Mercury Grand
Marquis and Lincoln Town Cars.

Sincerely

Clarence M. Ditlow
Executive Director

1 The terrible toll will go higher when data from the
national FARS is obtained from the National Highway Traffic Safety Administration
(NHTSA) for 1991-93 and post 2000 under the Freedom of Information Act.

2 April 29 letter from James P. Vondale, Director Ford
Automotive Safety Office, to Kathleen C. DeMeter, Director NHTSA Office
of Defects Investigation. (Attachment B.)

3 Attachment C is a copy of the draft TSB and the editorial
directive to remove Safety from its scope.

4 Letter from James P. Vondale, Director Ford Automotive
Safety Office, to Kathleen C. DeMeter, Director NHTSA Office of Defects
Investigation. ( Attachment D.)