[Federal Register Volume 67, Number 169 (Friday, August 30, 2002)]
[Notices]
[Pages 55913-55914]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-22123]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration


Denial of Motor Vehicle Defect Petition, DP02-001

AGENCY: National Highway Traffic Safety Administration (NHTSA), 
Department of Transportation.

ACTION: Denial of petition for a defect investigation.

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SUMMARY: This notice sets forth the reasons for the denial of a 
petition submitted to NHTSA under 49 U.S.C. 30162, requesting that the 
agency commence a proceeding to determine the existence of a defect 
related to motor vehicle safety in certain Lexus LS 430 vehicles 
equipped with the Lexus Link System. After reviewing the petition and 
other information, NHTSA has concluded that further expenditure of the 
agency's investigative resources on the issues raised by the petition 
does not appear to be warranted. The agency accordingly has denied the 
petition. The petition is hereinafter identified as DP02-001.

FOR FURTHER INFORMATION CONTACT: Jonathan White, Office of Defects 
Investigation (ODI), NHTSA, 400 Seventh Street, SW., Washington, DC 
20590. Telephone: (202) 366-5226.

SUPPLEMENTARY INFORMATION: Mr. Jorge A. Gomez of Michael Best & 
Friedrich LLP in Milwaukee, Wisconsin, submitted a petition by letter 
dated November 16, 2001, requesting NHTSA to commence a proceeding to 
determine the existence of a defect related to motor vehicle safety in 
certain Lexus model vehicles equipped with the Lexus Link System 
(subject vehicles). The petitioner alleges that the Lexus Link System 
in the model year 2001 Lexus LS 430 (VIN JTHBN30F510023113--hereafter 
as ``petition vehicle'') leased by Sensient Technologies Corporation 
appeared to be activated by an automated voice message ``The Lexus Link 
System is activated'' when the ignition is turned on, but in fact was 
not. The petitioner further alleges that the driver of the vehicle was 
unable to place an emergency call to the Lexus Link Call Center after 
an accident, and that the Lexus Link System apparently requires manual 
activation by the dealership or the manufacturer.
    The Lexus Link System is available as an option only on Lexus LS 
430 vehicles beginning with model year 2001. This built-in, cellular-
based communication system allows the vehicle occupant to communicate 
with the Lexus Link Call Center for safety, security, and convenience 
services. The Lexus Link System also is able to locate the vehicle 
using Global Position System (GPS) technology. The system is only 
operational in GPS and analog cellular coverage areas.
    According to the response by Toyota Motor North America, Inc. 
(Toyota) to ODI's Information Request (IR) letter, there were 36,424 
model year 2001-2002 Lexus LS 430 vehicles sold in the

[[Page 55914]]

United States equipped with a factory-installed Lexus Link System. Upon 
new vehicle purchase, the first year of the Lexus Link service is free 
unless the vehicle purchaser (or lessee) declines the service. However, 
in order for the Lexus Link System to be initially activated when a 
vehicle is sold (or leased), a dealer representative must complete a 
Service Subscription Agreement (SSA), which must be signed by the owner 
(or lessee). The SSA must be completed and signed before the service or 
sales department can activate the Lexus Link System. Toyota's IR 
response indicated that there was no Lexus Link SSA found for the 
petition vehicle, and therefore the petition vehicle never had the 
service activated.
    Toyota acknowledged in its response that confusion may occur due to 
the current Lexus Link System's voice message, since it alerts the 
driver to its ``active'' status each time the ignition is turned on, 
even where the service is not available. This is especially the case 
when someone other than the owner operates the vehicle; the driver may 
misunderstand the system's availability in light of the voice message. 
In order to correct this potential misunderstanding, and to improve 
customer satisfaction with the Lexus Link System function, Toyota has 
indicated that they will make a prospective production change and will 
conduct a service campaign to change the system's voice message for 
vehicles already sold.
    Toyota also indicated that it has received 54 complaints, 64 field 
reports, and one lawsuit (filed by the petitioner) concerning various 
malfunctions and reception concerns with the Lexus Link System. Of 
these complaints and field reports, none alleges that there was an 
aggravated medical condition because emergency medical help was not 
forthcoming as a result of the failure to communicate with the Lexus 
Link Center for assistance; and only three complainants indicated that 
they were misled into believing that the Lexus Link System was 
activated when, in fact, it was never activated at the time of vehicle 
purchase. ODI also reviewed its database and found no record of any 
related complaints.
    Despite the fact that the system's voice message may potentially 
confuse the driver as to service availability, the available data does 
not appear to indicate that a safety-related defect exists. A subject 
vehicle occupant without the Lexus Link System service available for 
any reason is exposed to no greater risk than those who do not have the 
system.
    In view of the foregoing, it is unlikely that NHTSA would issue an 
order for the notification and remedy of the alleged defect as defined 
by the petitioner in the subject vehicles at the conclusion of the 
investigation requested in the petition. Therefore, in view of the need 
to allocate and prioritize NHTSA's limited resources to best accomplish 
the agency's safety mission, the petition is denied.

    Authority: 49 U.S.C. 30162(d); delegations of authority at CFR 
1.50 and 501.8.

    Issued on: August 22, 2002.
Kenneth N. Weinstein,
Associate Administrator for Safety Assurance.
[FR Doc. 02-22123 Filed 8-29-02; 8:45 am]
BILLING CODE 4910-59-P