What is a safety-related motor vehicle defect?

The United States Code for Motor Vehicle Safety (Title 49, Chapter 301) defines motor vehicle safety 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.” A defect includes “any defect in performance, construction, a component, or material of a motor vehicle or motor vehicle equipment.” As reported by the Office of Defects Investigation ( www-odi.nhtsa.dot.gov) a “safety defect” is defined as a problem that exists in a motor vehicle or item of motor vehicle equipment that:

poses an risk to motor vehicle safety, and

may exist in a group of vehicles of the same design or manufacture, or items of equipment of the same type and manufacture.

Examples of defects considered safety-related:

Steering components that break suddenly causing partial or complete loss of vehicle control.

Problems with fuel system components, particularly in their susceptibility to crash damage, that result in leakage of fuel and possibly cause vehicle fires.

Accelerator controls that may break or stick.

Wheels that crack or break, resulting in loss of vehicle control.

Engine cooling fan blades that break unexpectedly causing injury to persons working on a vehicle.

Windshield wiper assemblies that fail to operate properly.

Seats and/or seat backs that fail unexpectedly during normal use.

Critical vehicle components that break, fall apart, or separate from the vehicle, causing potential loss of vehicle control or injury to persons inside or outside the vehicle.

Wiring system problems that result in a fire or loss of lighting.

Car ramps or jacks that may collapse and cause injury to someone working on a vehicle.

Air bags that deploy under conditions for which they are not intended to deploy.

Child safety seats that contain defective safety belts, buckles, or components that create a risk of injury, not only in a vehicle crash but also in non-operational safety of a motor vehicle.

Examples of defects NOT considered safety-related:

Air conditioners and radios that do not operate properly.

Ordinary wear of equipment that has to be inspected, maintained and replaced periodically. Such equipment includes shock absorbers, batteries, brake pads and shoes, and exhaust systems.

Nonstructural or body panel rust.

Quality of paint or cosmetic blemishes.

Excessive oil consumption.