NHTSA Complaint #10733464 — 2002 MERCEDES BENZ CLK430

WENT TO PUT MY TOP UP ON MERCEDES CABRIOLET PARKED IN MY DRIVEWAY. WITH THE KEY ON AND THE VEHICLE TURNED OFF, IN PARK, PARKING BRAKE ON, PRESSED CLOSURE BUTTON. DURING CLOSURE HEADRESTS BEGAN TO RAISE. NOT A SUDDEN POP UP KIND OF RAISING, BUT A SLOW, STEADY RAISING, AS IF I HAD MY HAND ON THE BUTTON TO RAISE THEM, YET I DID NOT. IT'S ON THE DASH, AND I WAS THE ONLY ONE IN THE CAR, AND HAD NO ITEMS IN THE CAR EITHER. FOR THE RECORD, WHILE FEMALE, I GREW UP RACING CARS, HAVE CHANGED MY OWN ENGINE, TURBO, TRANSMISSION, SHOCKS, SPRINGS, ETC. THESE TWO SEAT AND TOP PROCESSES ARE MUTUALLY EXCLUSIVE SO THEN NEITHER WOULD WORK. CLEARLY UP THEY GREATLY IMPACT VISIBILITY PLUS THE TOP WILL NOT GO UP. SECONDLY TO GET THE TOP OVER THE HEADRESTS, ACCORDING TO THE MANUAL IT'S IMPOSSIBLE, BUT SAID ANOTHER WAY, IT'S A FOUR PERSON JOB. GIVEN THE LIMITED VISIBILITY OF THE CABRIOLET TOP UP ANYWAY, ADDING THE RAISED HEADRESTS, NOW IT'S A SERIOUS SAFETY ISSUE. THE TOP BLOCKS 2/5 OF THE VISIBILITY. THE HEADRESTS UP BLOCK 2/5 OF THE VISIBILITY. ALL THAT IS LEFT IS THE 1/5 BETWEEN THEM - A VERY NARROW RANGE OF VIEW. AT THE DEALERSHIP, THEY KNOW EXACTLY WHAT IT IS.THEY SAY WHEN THEY DEPLOY FALSELY IT'S LIKE AIRBAGS AND THEY CANNOT JUST GO BACK DOWN AND THEY REPLACE A NUMBER OF THESE. IF THIS IS SUPPOSED TO DEPLOY IN THE EVENT OF A ROLLOVER OR ACCIDENT, FOR THIS TO DEPLOY WITHOUT HITTING ANYTHING, YET TO IMPACT VISIBILITY WITH NO WAY TO RETURN TO NORMAL VISIBILITY OR PROTECT YOURSELF FROM THE ELEMENTS, SURELY THIS IS A SAFETY ISSUE. THIS SEEMS MUCH AKIN TO THE AIRBAGS FALSELY DEPLOYING. THE CAR WAS NOT TURNED ON, NOT MOVING, HAD NOT HIT ANYTHING, AND HAD NOT BEEN DRIVEN IN A HALF HOUR. FOR THE DEALERSHIP TO INSTANTLY RECOGNIZE WHAT IT WAS, WHAT PART IT NEEDED, HOW THE SEATS NEEDED TO COME OUT TO FIX IT, ETC. SHOWS THIS IS NOT AN ISOLATED SAFETY INCIDENT AND SHOULD MAKE IT A RECALL ITEM.