RI Drivers Get Run Around Over Faulty Airbags
Tuesday, June 09, 2015
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 EBLASTReaching 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.
Weeden said she then reached out to the NTHSA in December, to no avail.
"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.
"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."
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