New test data on a particular subset of defective Takata air bag inflators in certain model year 2001-2003 Honda and Acura vehicles show a far higher risk of ruptures during air bag deployment than previously recognized, according to the National Highway Traffic Safety Administration (“NHTSA”). The agency has issued an “urgent call” to ensure that unrepaired vehicles in this population are found and fixed before they cause further injuries or fatalities.

“With as high as a 50 percent chance of a dangerous air bag inflator rupture in a crash, these vehicles are unsafe and need to be repaired immediately,” said U.S. Transportation Secretary Anthony Foxx. “Folks should not drive these vehicles unless they are going straight to a dealer to have them repaired immediately, free of charge.”

The higher-risk inflators, the NHTSA said, are in certain 2001-2003 Honda and Acura vehicles:

- 2001-2002 Honda Civic

- 2001-2002 Honda Accord

- 2002-2003 Acura TL

- 2002 Honda CR-V

- 2002 Honda Odyssey

- 2003 Acura CL

- 2003 Honda Pilot

The air bag inflators in these particular vehicles contain a manufacturing defect that greatly increases the potential for dangerous rupture when a crash causes the air bag to deploy, the NHTSA said. It added that ruptures are far more likely in inflators in vehicles that have spent significant periods of time in areas of high absolute humidity – particularly Florida, Texas, other parts of the Gulf Coast, and Southern California. Testing of the inflators from these vehicles show rupture rates as high as 50 percent in a laboratory setting, according to the agency.

The vehicles in question were recalled between 2008 and 2011. The NHTSA added that Honda has reported that more than 70 percent of this higher-risk population of vehicles has already been repaired, but approximately 313,000 vehicles with this very dangerous defect remain unrepaired. The risk posed by the airbag inflators in these vehicles is grave, and it is critical they be repaired now to avoid more deaths and serious injuries, the NHTSA said.

“The air bag inflators in this particular group of vehicles pose a grave danger to drivers and passengers that must be fixed right away,” said NHTSA Administrator Dr. Mark Rosekind. “Drivers should visit SaferCar.gov or contact their local dealer to check whether their vehicle is affected. If it is, they should have the vehicle repaired immediately for free at an authorized dealer. We commend Honda for taking additional actions to get these vehicles repaired.”

Although the vehicles are already under recall, NHTSA ordered Takata to perform additional ballistic testing following recent reports of ruptures. Eight of the 10 confirmed U.S. fatalities due to Takata ruptures – including the most recent in Fort Bend County, Texas – were in this population of vehicles, the NHTSA reported.

Honda has committed to immediately taking additional actions to enhance its efforts to find and fix recalled vehicles. Honda will provide additional information about its efforts, and the NHTSA also has directed Honda to report weekly on the progress of vehicle repairs.

The NHTSA also is expanding its own direct consumer outreach, including a paid media campaign and a series of outreach events in high-risk areas this summer. The NHTSA also has engaged the vehicle insurance industry to help locate the unremedied vehicles.

Nearly 70 million Takata air bag inflators are or will be under recall by 2019, in the largest and most complex auto safety recall in U.S. history. A combination of time, environmental moisture, and fluctuating high temperatures contributes to the degradation of the ammonium nitrate propellant in the inflators. Such degradation can cause the propellant to burn too quickly, rupturing the inflator module and sending shrapnel through the air bag and into the vehicle occupants, according to the NHTSA.

Steven A. Meyerowitz

Steven A. Meyerowitz

Steven A. Meyerowitz, a Harvard Law School graduate, is the founder and president of Meyerowitz Communications Inc., a law firm marketing communications consulting company. He may be contacted at [email protected].

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