NHTSA Complaint #10049611 — 2003 VOLVO XC90

FOR BOTH OUR 2001 VOLVO S60 2.4T AND OUR 2003 VOLVO XC90 2.5T AWD THERE HAVE BEEN UNSUCCESSFUL ATTEMPTS TO REPAIR A TRANSMISSION DEFECT (ESSENTIALLY SAME TRANSMISSION IN BOTH VEHICLES PER VOLVO TECH SUPPORT). BETWEEN 2ND AND 3RD THERE IS INTERMITTENT/UNPREDICTABLE FAILURE TO ENGAGE 3RD IN TIMELY FASHION WITH RESULTANT LOSS OF ACCELERATION AS VEHICLE IS FUNCTIONALLY IN NEUTRAL WITH ENGINE RACING FOR ~0.5-2.5 SECONDS. THIS CAN BE EXTREMELY DANGEROUS ESPECIALLY WHEN PULLING ON TO A HIGHWAY. WE HAVE EXPERIENCED 2 NEAR COLLISIONS (ALMOST BEING STRUCK FROM BEHIND). VOLVO TECH SUPPORT ACKNOWLEDGES A FLAW IN ENGINEERING WHEREBY SERVO FLUID AIR LOCK OCCURS IN THE 2001. A NEW TRANSMISSION IS SCHEDULED TO BE REPLACED FOR OUR S60, BUT IF THE PROBLEM IS STILL OCCURING IN OUR 2003, WILL THIS REALLY CORRECT THE PROBLEM AS THE TRANSMISSIONS ARE BASICALLY IDENTICAL? THE 2003 XC90 VOLVO SAYS CAN BE REPAIRED WITH "UPGRADED SOFTWARE" (WHICH IS SCHEDULED FOR THAT VEHICLE) BUT THIS REMEDY FAILED WHEN PERFORMED ON OUR 2001 S60. WE HAVE LET THE DEALER KNOW WE FEEL BOTH VEHICLES ARE UNSAFE WITH THIS PROBLEM AND WE ARE NOW STUCK WITH THEM TRYING TO REMEDY BOTH VEHICLES' GLARING DEFECTS. WE ARE NOT AWARE OF A FEDERALLY MANDATED RECALL TO REPAIR THIS VOLVO ACKNOWLEDGED (SAFETY) DEFECT. CAN NHTSA PURSUE THIS? *AK