RI Drivers Get Run Around Over Faulty Airbags

Tuesday, June 09, 2015

 

View Larger +

A Rhode Island resident who says her car's airbag issues have prevented her from getting an inspection sticker is speaking out on what she says are "impossible standards" being set by the state.  

"For my vehicle, if I were to pay to have the airbag replaced, it would cost a minimum of $1,800 out of my pocket, but according to federal law, since this is a safety matter, the auto manufacturer is required to replace the airbag at its expense," said Barrington resident Marcia Weeden of what she says is a faulty airbag sensor and light.  "I found numerous reports regarding the manufacturer’s refusal on the website for the National Highway Traffic Safety Administration’s website."

"I am a quality assurance professional  who has been trying to get the RI DMV to provide a reasonable response to how RI drivers, both private and public, can drive cars that cannot pass safety inspections when the original equipment (airbag) or auto manufacturers are incapable of manufacturing airbags that are safe or perform as intended," said Weeden, who has a MS, CQE, and CQT.  "In other words, the State is holding RI drivers to meet an impossible standard."

GET THE LATEST BREAKING NEWS HERE -- SIGN UP FOR GOLOCAL FREE DAILY EBLAST

Reaching Out for Help

In November 2014, Weeden contacted Rhode Island Attorney General Peter Kilmartin, outlining her situation in which she said a faulty airbag light was not being addressed by the manufacturer - but according to Weeden, attested that it should be pursuant to language put forth by the National Transportation Highway Safety Agency (NTHSA). (Read the letter HERE).

"I refuse to be strong armed into a fix that is a design issue and will not correct the problem," said Weeden in that letter, who in the meantime could not get an inspection sticker. "I understand that airbags are there for safety reasons.  But this light issue is something faulty with the vehicle, which the manufacturer is responsible for paying to fix."

Weeden says that she reached out to Kia, who she said told her they would pay for the parts but not the labor.  "I asked why should I be forced to pay for labor when clearly it is a design error," said Weeden. 

View Larger +

Photo: thelemonlawattorneys.com

Weeden said she then reached out to the NTHSA in December, to no avail.

See the Letter HERE

"Who in Rhode Island has the authority to deal with my car’s failure to pass inspection because of the air bag light stays on? My car otherwise passes inspection," said Weeden. "There is no law requiring vehicles in RI to have air bags. However, the Department of Motor Vehicles requires that if a vehicle does have an air bag, in order to pass inspection, the air bag light cannot stay on. What can be done?"

Rhode Island Responses

Kilmartin's explained what they said is their jurisdiction in the matter on Monday. 

"The office directed Ms. Weeden to NHSTA because she alleged a safety issue (air bag) that the manufacturer refused to take full responsibility for fixing.  The issue presented to our Consumer Protection Unit was outside the statutory jurisdiction of the Office of Attorney General, which is why we directed her to NHSTA.   Ms. Weeden followed up with the Office seeking a waiver regarding the air bag light for inspection purposes, again not within our jurisdiction, so at that point, we referred her to the DMV," said Amy Kempe with the Office of the Attorney General.  "Although the Office had no statutory jurisdiction over the matter, we always try to assist consumer in referring or directing them to the best, most appropriate agency to handle their specific complaint."

The Rhode Island Department of Motor Vehicles said that they could not get involved in third party disputes.  

View Larger +

A RI resident is fighting to have to fix what she says is a car defect, in order to get an inspection sticker.

"As listed in section 3.0 of the RI Official Manual For Vehicle Inspection, a properly functioning Supplemental Restraint System (SRS) or Airbag system is a requirement to pass a Rhode Island Safety and Emission Inspection," said Claire Sedlock with the RI DMV. "Air bag systems are one of the most important safety features in modern motor vehicles and are required at the time of manufacture by Federal Motor Vehicle Safety Standards."

"DMV does not issue waivers for any motor vehicle safety issues including air bag systems," continued Sedlock. "The DMV does not get involved pertaining to the party that is responsible for the cost of the repairs to this system but only requires that the system be functioning properly at the time of inspection approval. The DMV is concerned solely with the safety of the vehicle occupants. Responsibility for the cost of the needed repairs is a matter between the vehicle owner and the vehicle manufacturer."

Senator Sheldon Whitehouse's office, who Weeden had initially contacted when the issue arose and said they would help if she didn't get assistance, said that they stood at the ready.  

"While we did connect with Ms. Weeden on this issue briefly earlier this year....we haven’t heard from her since then about whether she still needed assistance," said Seth Larson in the Senator's Office. "While we can never guarantee an outcome, Senator Whitehouse’s office would be happy to assist in any way we can.  Helping Rhode Islanders navigate the federal bureaucracy and cut through red tape is one of Senator Whitehouse’s highest priorities and we’d be grateful for the opportunity to try."

Weeden said that she hoped someone in the state could help advocate for those in similar situations.  

"We're just one state (that has inspection standards).  Many don't," said Weeden. "I found specific Kia complaints on the NTHSA website, and there's been plenty about the Takata [airbag defect] issue.  I can't be the only one dealing with this."

"There should be a [Rhode Island] advocate. There are so many people out of work.  I was involved in manufacturing, and the thing of it is, there are a lot of professionals out of work," said Weeden.  "I've used my skills all along with this.  If I didn't have them, I don't know how someone could do it."

 

Related Slideshow: The 10 Most Politically Powerful at RI State House

View Larger +
Prev Next

#10 - Sen. Da Ponte

The Senate Finance Chairman pushed hard in 2014 for corporate tax reform -- and combined reporting -- and was recently reappointed to his fourth term at the helm of the committee that vets the state's budget. With House Speaker Mattiello's talking about eliminating the state income tax on social security, a budget deficit and the prospect of diminishing gaming revenue, Da Ponte will have his work cut out for him chairing the powerful Senate committee. 
 

View Larger +
Prev Next

#9 - Rep. DeSimone

One of the most powerful political players in Providence, the Majority leader wields his influence at the state house as part of Speaker Mattiello's team. Serving in the chamber since 1992, DeSimone rose to his current position with the ouster of former Speaker Gordon Fox in 2014. He will be a pivotal player at the State House for the City of Providence (and new Elorza administration), as the state grapples with a projected $200 million budget deficit, and Providence needs a strong advocate to appeal for what it can.  
 

View Larger +
Prev Next

#8 - Bob Goldberg

The former Minority Leader continues his position as one of the state's top lobbyists, representing a wide range of clients that last year included Lifespan, GTech, Johnson and Wales, and CVS Health, to name a few. Year in, year out, Goldberg -- who is married to RI Supreme Court Justice Maureen McKenna Goldberg -- parlays his State House knowledge and connections for his well-funded clients, who in the past have included Twin River when it successfully pushed for table games on the ballot in 2012.

(Goldberg pictured at right.)

View Larger +
Prev Next

#7 - Bill Murphy

The former Speaker of the House continues to wield unparalleled influence as a lobbyist and behind-the-scenes king maker.  While he last served as the state's most powerful elected official until 2010, Murphy's ability to exert control at the State House was evidenced by backing now-Speaker Mattiello when the battle to replace Gordon Fox took place.  Murphy's lobbying clients range from the corrections officers to payday lending to Twin River.

View Larger +
Prev Next

#6 - Sen. Paiva Weed

The Senate President, who has been at the chamber's de facto top post since 2008, faced a strong challenge this past election season from Newport's Mike Smith, who had been an outspoken opponent against a table games expansion at Newport Grand -- a decision which Paiva-Weed ultimately came to following the rejection of a host agreement by the Newport City Council.  Paiva Weed in her opening address of this year's General Assembly session promised to make jobs and the economy her top priorities, followed closely by education.  With the school construction moratorium schedule to expire in May, watch to see how Paiva-Weed works with the House and Raimondo administration to address the burgeoning infrastructure needs.
 

View Larger +
Prev Next

#5 - Sen. Ruggerio

The Senate Majority leader was first elected to the chamber in 1984, after four years in the House, and was Senate majority whip from 2003 to 2010. An administrator for the New England Laborers Labor Management Co-op Trust, Ruggerio's labor ties have helped cement his position of power in the Senate. Despite two arrests, Ruggerio has emerged relatively unscathed, advancing the legislation establishing the I-195 Redevelopment Commission, and pushing for increased parking in downtown Providence by the Garrahy judicial complex

View Larger +
Prev Next

#4 - David Cruise

Governor Raimondo's newly chosen Legislative Director should prove to be much more than that.  While Raimondo tapped former Maryland Governor Martin O'Malley staffer Stephen Neuman to be her Chief of Staff, the out-of-towner might bring in a fresh perspective, but Cruise knows the lay of the land. Having a Rhode Island political resume that includes serving as a State Senator, Governor Sundlun's Chief of Staff, and top roles at the RI Resource Recovery Corporation and as a traffic court magistrate, Cruise's policy role, while his official one, will be just one in his advisory capacity for the newly elected Governor.  
 

View Larger +
Prev Next

#3 - Leo Skenyon

The Speaker of the Houses's Chief of Staff is the gatekeeper -- and like his predecessor before him, Frank Anzeveno (under former Speaker Gordon Fox), Skenyon is the key to access the Speaker. Skenyon, a former top aide to Governor Bruce Sundlun and U.S. Senator Claiborne Pell, had most recently been the Traffic Tribunal Clerk.  The former Chief of Staff to Senate-Majority leader Jack Revens in the 1980s, Skenyon has been at the helm before in orchestrating the chamber's top office.  Skenyon enters his first full session at the post along with Mattiello as the agent behind the state's biggest power broker.  

View Larger +
Prev Next

#2 - Gov. Raimondo

The state's 75th governor -- and first woman at the helm -- marks the first return of a Democratic head-of-state since Governor Bruce Sundlun entered the office in the winter of 1991.  Raimondo however won with just 40.7% of the vote, which gave her the plurality, but not a mandate.   Bringing in a number of outsiders for key positions, and shaking up multiple Department directors, the Raimondo administration looks markedly unlike any in recent years.  How successful Raimondo is in pushing through her agenda in the first six months will go a long way to determining how powerful she will be in the next four years. 

View Larger +
Prev Next

#1 - Speaker Mattiello

The Speaker of the House has always wielded the most power in Rhode Island, and Speaker Mattiello is now the de facto head of state for the second -- and first full -- year.  Mattiello emerged from the 2014 session earning plaudits from a wide range of supporters for pushing through a cut in the corporate income tax and changes to the estate tax.  Now, as a new General Assembly has just gotten underway, Mattiello is eying eliminating the state income tax on social security, before the Governor has submitted her budget proposal.  Look to see what the Speaker can -- and will -- accomplish in 2015.  

 
 

Enjoy this post? Share it with others.

 
 

Sign Up for the Daily Eblast

I want to follow on Twitter

I want to Like on Facebook