NHTSA Complaint #10252720 — 2005 LEXUS ES330

RE: LEXUS ES330('05)DELAYS IN ACCELERATION,LURCHING WITH STOPS AND STARTS,UNPREDICTABLE TRANSMISSION SHIFTS,WHEN BRAKING CAR FEELS LIKE IT IS SLIPPING FORWARD. LEXUS FIRST DENIED PROBLEM BUT I SHOWED THEM INTERNET BLOG AND NHTSA COMPLAINTS,THEN ADMITTED TO SOFTWARE PROBLEMS. 3 OR 4 ATTEMPTS TO CHANGE SOFTWARE HELPED TEMPORARILY. I WAS TOLD I WOULD GET USED TO THIS. AFTER 2 AND HALF YEARS OF ERRATIC SHIFTING AND SEVERAL NEAR MISSES ON LANE CHANGES (CAR REFUSED TO ACCELERATE) I THREATENED LEGAL ACTION. LEXUS RELUCTANTLY CHANGE THE TRANSMISSION. I COULD NOT BELIEVE THE DIFFERENCE,THOUGHT THEY CHANGED THE CAR!IT FINALLY DROVE THE WAY THE DEMO CAR DID. MORE CONSISTENT ACCELERATION,ALBEIT STILL HAD SOMEWHAT OF A DELAY. I NO LONGER FELT EVERY GEAR SHIFT. STOPS AND STARTS MUCH SMOOTHER. THE INTERNET DISCUSSIONS ARE RIGHT. SOME OF THE LEXUS ES330 MODELS HAVE A SERIOUS TRANSMISSION DEFECT,BUT IT APPEARS TO BE A MECHANICAL,NOT A SOFTWARE PROBLEM. I READ THE NHTSA RESPONSE TO A COMPLAINT LODGED AGAINST THIS SAME VEHICLE IN 2005. THE CONCLUSION WAS THAT THERE WERE NOT ENOUGH COMPLAINTS TO LAUNCH AN INVESTIGATION. I WOULD HOPE THE NHTSA WOULD RETHINK THIS POSITION. THERE ARE ALOT OF COMPLAINTS REGISTERED ON THE INTERNET (I.E. EDMUNDS.COM).I WORRIED EVERY TIME I GOT BEHIND THE WHEEL. WHEN LEXUS FINALLY CHANGED THE TRANSMISSION, I FELT IT WAS FINALLY SAFE TO GET RID OF THE CAR. I STRONGLY BELIEVE THAT LEXUS DOES KNOW ABOUT THE TRANSMISSION PROBLEM AND HOW TO FIX IT BUT WILL NOT VOLUNTARILY FIX IT UNLESS FORCED TO DO SO. THEY WOULD NOT FIX MY CAR UNTIL I THREATENED LEGAL ACTION. MANY OF THESE CARS WILL BE GOING OFF LEASE AND THE GENERAL PUBLIC IS NOT AWARE OF THIS PROBLEM. IT IS UNFAIR TO THESE BUYERS,NOT TO MENTION RISKY TO THEIR LIVES,NOT TO HAVE THIS SITUATION RECTIFIED. I BELIEVE THAT ONLY AN ORGANIZATION SUCH AS THE NHTSA CAN FORCE LEXUS TO REMEDY THE SITUATION. THE ONLY OTHER WAY WOULD BE A CLASS ACTION LAW SUIT BUT I DOUBT ENOUGH PEOPLE WOULD COME TOGETHER FOR THIS. THANK YOU FOR YOUR ATTENTION. *TR