NHTSA Complaint #723384 — 1999 SUBARU LEGACY

THE TRANSMISSION HAS A DESIGN DEFECT WHICH CAUSES IT TO ABRUPTLY AND WITHOUT WARNING SHIFT DOWN WHILE DESCENDING A LONG GRADE. THIS HAS RESULTED IN TWO INSTANCES OF MOMENTARY LOSS OF CONTROL OF THE VEHICLE IN ICY/SLIPPERY CONDITIONS. IN ADDITION, IT WILL MATERIALLY AND SIGNIFICANTLY SHORTEN THE LIFE OF THE TRANSMISSION. FURTHERMORE, IT HAS SCARED PASSENGERS ON NUMEROUS OCCAIONS DUE TO THE JERKING OF THE CAR WHICH RESULTS FROM THIS DESIGN DEFECT. I HAVE CONTACTED THE MANUFACTURER WHICH SENT ME TO THE DEALER. NO RELIEF. I ASKED FOR THE ZONE REPRESENTATIVE TO CALL ME AND IT HAS NOT TAKEN PLACE. THE MANUFACTURER HAS INDICATED ON THE PHONE THAT THIS IS 'NORMAL BEHAVIOR' . I AM TOLD THAT THIS DESIGN DEFECT HAS BEEN REMOVED FROM YEAR 2000 LEGACY OUTBACKS. IF TRUE, THAT WOULD BE TACIT ADMISSION THAT THE DESIGN WAS FLAWED AS IT WAS NOT IMPLENTED IN ANY YEAR BUT 1999. I HAVE ASKED THE MANUFACTURER TO INSTALL A NEW TRANSMISSIONCONTROLUNIT WHICH ELIMINATES THIS DESIGN FLAW, SINCE IT WOULD BE A RELATIVELY SIMPLE SOFTWARE MODIFICATION. THEY HAVE INDICATED THEIR RELUCTANCE TO DO SO. WHILE THE ASPECT OF THE JERKINESS OF THE CAR AND THE SHORTENED LIFESPAN OF THE TRANSMISSION COULD BE CHALKED UP TO 'TOUGH KAKA', THE LOSS OF CONTROL (ALBIET OF A VERY TEMPORARY NATURE SO FAR) RESULTING FROM AN ABRUPT GEAR CHANGE DOWN IN ICY CONDITIONS IS A SAFETY CONCERN. THE MANUFACTURER SAID THAT A SHIFT WOULD BE OF NO CONCERN, TO WHICH I SUGGESTED THEY ASK MIKI HAAKINNEN, A RACE DRIVER WHO LOST A RACE DUE TO THE WRONG GEAR BEING SELECTED....ONE BELOW THE ONE HE EXPECTED, WHICH SPUN HIM OUT OF THE RACE. I HAVE EXPERIENCED A SIMILAR YAW FROM THE ABRUPT GEAR CHANGE. THANKFULLY FOR THE SAFETY OF MY PASSENGERS AND MYSELF, I, TOO, HAVE EXPERIENCE WITH RACECARS.....IF NOT FOR PRACTICED REFLEXES DURING THE ICY-CONDITION DOWNSHIFTS REFERENCED, I AM QUITE CONFIDENT THAT THE CAR WOULD HAVE ENDED UP OFF THE ROAD.