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Federal Court Upholds Regional Auto Recalls

By Joe Benton
ConsumerAffairs.com

June 26, 2006

Regional Recalls • Federal Court Upholds Regional Auto Recalls • GM Regional Truck Recall Stops Short • Consumer Advocates Challenge Regional Auto Recalls • Consumer Groups Challenge Regional Motor Vehicle Recalls --- • GM Expands Recall to Fix Truck, SUV Brakes • GM Finally Recalls Trucks, SUVs for ABS Problem • GM Truck Owners' Complaints

A federal appeals court has upheld the National Highway Traffic Safety Administration policy that allows automakers to limit some vehicle recalls by region.

Public Citizen and the Center for Auto Safety had challenged the NHTSA policy as an attempt to change federal law without public comment.

Appeals court Judge Harry Edwards of the U.S. Court of Appeals for the District of Columbia Circuit wrote the "guidelines are nothing more than general policy statements with no legal force."

Some states have objected to the practice. In November 2005, Wisconsin Attorney General Peggy Lautenschlager asked the Department of Transportation to make all recalls national. She cited a regional recall by General Motors Corp. in August 2005 that included bordering states Illinois and Michigan but excluded Wisconsin.

Many consumers find regional recalls confusing and infuriating. GM has recalled 1,357,000 pickups and SUVs because of a problem with the brakes but the continues to insist that the problem with its anti-lock system is regionally based.

The automaker claims the braking problems stem from road salt in cold-weather states.

But truck and SUV owners in 30 states not covered by a GM regional recall continue to struggle with malfunctioning anti-lock brakes.

Danny in Greenville, North Carolina told ConsumerAffairs.com: "I've had many close calls due to ABS engaging and pedal going to floor. It happens when hitting road bumps while depressing the brake pedal to slow vehicle."

The anti-lock brake malfunctions have nothing to do with weather conditions or geography Danny insists.

"I've seen the recalls on northern trucks allegedly relating to snow and salt but this is a more serious issue relating to all of their 1999 trucks," Danny writes. "I have learned how to compensate for its faulty brakes but it's only a matter of time before the right situation arises and I'll be at the auto body shop like many others who've encountered the same situation."

Many consumers and GM customers fine the regional recall simply unfair. Kevin’s truck in Virginia was not covered by the initial regional recall. The bill from GM to repair his brakes reached almost $900. "I'm beside myself," he said "If I was two miles away in Maryland, I'd be covered by the recall."

Following the appeals court ruling, Clarence Ditlow, executive director of the Center for Auto Safety, said his organization continued to disagree with the NHTSA policy and said the guidelines were "for all practical purposes final action" from the agency.

The U.S. District Court for the District of Columbia dismissed the consumer group’s lawsuit in 2004, leading to the appeal. The lower court said the letter was not a rule change but simply gave guidelines for regional recalls.

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