NHTSA Complaint #10694373 — 2009 TOYOTA VENZA

TOYOTA 2009 VENZA SYSTEMIC SPEED SENSOR FAILURES: RIGHT REAR SPEED SENSOR 1/17/2015: LEFT REAR SPEED SENSOR MAY 2013: LEFT FRONT SPEED SENSOR APRIL 2012 IN EACH CASE, THE ANTILOCK BRAKE SYSTEM (ABS) AND THE VEHICLE STABILITY CONTROL (VSC) SYSTEMS WERE DISABLED, CREATING HAZARDOUS VEHICLE OPERATION, ESPECIALLY IN SNOW/ICE. RESEARCHING, I DETERMINED THAT NO RECALL HAD BEEN ISSUED, BUT THAT KNOWLEDGE OF THE DEFECTIVE SPEED SENSORS AND THAT THEIR FAILURE DISABLED THE ABS AND TRACTION CONTROL SYSTEMS WERE COMMON KNOWLEDGE. I NOTIFIED TOYOTA CUSTOMER ASSISTANCE CENTER OF MY CONCERN, ON JANUARY 22, 2015 (TOYOTA CASE # [XXX]), AND MADE FORMAL REQUEST FOR FULL REIMBURSEMENT OF THE CHARGES FOR THE THIRD REPAIR ON THE BASIS THAT VENZA SPEED SENSOR FAILURES ARE A SYSTEMIC, RECOGNIZED ISSUE CAUSING HAZARDOUS DRIVING CONDITIONS, AND CLEARLY SHOULD HAVE BEEN THE SUBJECT OF A RECALL LONG PAST. I NOTIFIED TOYOTA THAT THE CRITERIA FOR NOTIFICATION OF THE ISSUE TO THE DEPARTMENT OF TRANSPORTATION, NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION (NHTSA) WERE CLEARLY MET. PER UNITED STATES CODE FOR MOTOR VEHICLE SAFETY (TITLE 49, CHAPTER 301), MOTOR VEHICLE SAFETY IS DEFINED AS 'THE PERFORMANCE OF A MOTOR VEHICLE OR MOTOR VEHICLE EQUIPMENT IN A WAY THAT PROTECTS THE PUBLIC AGAINST UNREASONABLE RISK OF ACCIDENTS OCCURRING BECAUSE OF THE DESIGN, CONSTRUCTION, OR PERFORMANCE OF A MOTOR VEHICLE, AND AGAINST UNREASONABLE RISK OF DEATH OR INJURY IN AN ACCIDENT, AND INCLUDES NONOPERATIONAL SAFETY OF A MOTOR VEHICLE.' TOYOTA REJECTED MY REQUEST 3/10/15 ON THE BASIS THAT IT DID NOT MEET THE CRITERIA OF THEIR NEW VEHICLE LIMITED WARRANTY, COMPLETELY DISREGARDING THE STATED CONCERN. GIVEN THAT TOYOTA HAS WILLFULLY CHOSEN TO NOT ADDRESS THE RECALL AND HAZARD ISSUES RAISED, THIS COMPLAINT IS SUBMITTED. INFORMATION REDACTED PURSUANT TO THE FREEDOM OF INFORMATION ACT (FOIA), 5 U.S.C. 552(B)(6). *TR