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Government Report Exonerating Toyota Was Flawed, Says Watchdog Group

Toyota Acceleration

First Posted: 05/23/11 01:44 PM ET Updated: 07/23/11 06:12 AM ET

Welcome to "The Watchdog," which will keep a close eye on regulatory agencies and how their actions impact the lives of everyday Americans. Though the rules and regulations they write -- from determining how much arsenic is allowable in your drinking water to whether your favorite TV show can drop the F-bomb in primetime -- affect all of us, their deliberations and the way that lobbyists influence their decisions receive very little coverage. To make sense of these debates, follow the implementation of health care and financial reform and decipher the minutia of the Federal Register, "The Watchdog" is on the case. If you have any tips, send them to marcus@huffingtonpost.com.

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Mine operator Pine Ridge waited four days -- rather than the required 15 minutes -- to notify federal regulators about a roof collapse at its Big Mountain Number 16 mine in Boome County, W.Va., according to a release by the U.S. Department of Labor's Mine Safety and Health Administration.

The agency was only notified after the collapse was discovered by an MSHA inspector and the violation cited. The delay was unreasonable, ruled an administrative law judge, given that the accident "required the operator to abandon the mine entry altogether and to block off access to prevent travel through that section of the mine. The judge also held that the roof fall had impaired ventilation and had impeded passage in the mine. In addition, the judge tripled the penalty proposed by MSHA, requiring the operator to pay $6,000 for the violations," according to an MSHA release.

"The Mine Act requires prompt notification of roof collapses because they can be dangerous and have significant impact on the health and safety of miners," said Joseph A. Main, assistant secretary of labor for mine safety and health. "Operators must take seriously their reporting obligations, and when they don’t, must deal with the consequences."

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A recent report by federal regulators exonerating Toyota's electronics as the cause of numerous unintended acceleration complaints was flawed and "heavily influenced by Toyota," according to a safety watchdog group.

Soon after a California highway patrolman and his family died in a 2009 high-speed crash involving a runaway Lexus, it was revealed that drivers had made 3,000 complaints about unintended acceleration in the past decade -- 93 of which included deaths. In the wake of the crash, Toyota recalled about 6 million vehicles, its executives were dragged in front of Congress to testify at contentious hearings and it paid almost $50 million in fines.

But a government investigation into whether the sudden-acceleration problems were tied to electronic flaws found no such link -– though a National Academy of Sciences review is due by the end of the year.

Toyota felt exonerated by the February report, issuing a statement to express its hope that "this important study will put to rest unsupported speculation about Toyota’s (electronic control system), which is well-designed and well-tested to ensure that a real world, uncommanded acceleration of the vehicle cannot occur."

Safety Research and Strategies, which provides research and analysis of motor vehicle and product safety issues, today published a report critical of the government after an extensive review of documents recently released by the National Highway Traffic Safety Administration and the NASA Engineering and Safety Center. The report claims to show how malfunctions in Toyota's electronics can cause unintended acceleration in vehicles.

Among its other findings:

• The NASA report found scenarios in which an engine speed can be increased, RPMs can surge and "the throttle can be opened to various degrees in contradiction to the driver's command," contradicting Toyota's main defense in previous investigations of unintended acceleration.

• The government reports were not "the products of independent and disinterested investigators. They have been directed by an agency that has exonerated Toyota's electronics in the past and has relied solely on the automaker's representations… Toyota was heavily involved in guiding the research of both reports."

A spokesperson for the Department of Transportation did not return a request for comment from The Huffington Post.

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• Despite bearing responsibility for the Upper Big Branch coal mine disaster, Massey "has not changed the manner in which it operates its mines" and most executives are staying on at the company.

• "As the U.S. government steps up investigations of companies suspected of paying bribes overseas, law enforcement officials are leaving much of the detective work to the very corporations under suspicion. The probes are so costly and wide-ranging that the Justice Department and Securities and Exchange Commission often let the companies investigate themselves and then share the results," reports the Washington Post.

• The Nuclear Regulatory Commission does not have an adequate system in place for the inspection of nuclear spent fuel storage sites, according to the agency's inspector general.

The week in financial regulatory reform, as helpfully compiled by the folks at the Center for Public Integrity.

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Welcome to "The Watchdog," which will keep a close eye on regulatory agencies and how their actions impact the lives of everyday Americans. Though the rules and regulations they write -- from determin...
Welcome to "The Watchdog," which will keep a close eye on regulatory agencies and how their actions impact the lives of everyday Americans. Though the rules and regulations they write -- from determin...
 
 
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04:47 PM on 05/24/2011
A couple of months ago while driving home 40-45 mph, my 2005 Toyota Corolla suddenly accelerated out of control and the car wound up upside down in a ditch. I am lucky to be alive and extremely thankful that no one else was hurt in this terrifying accident. The car had been recalled for ECM problem and taken to the dealer for "repair". Prior to this incident, I had not had any type of problem with the car which I had purchased new. Of course, Toyota had their "expert" examine the black box and denied anything was wrong with the car. I hope my personal experience serves to warn others!
02:36 PM on 05/24/2011
For those not in the know these guys, Safety Research & Strategies, are paid by the very lawyers suing Toyota right now. It boggles my mind why the media keeps using them as their "expert" source.
03:37 PM on 05/24/2011
Seriously.

On which planet would Sean Kane and his organization, Safety Research & Strategies, qualify as a dispassionate "watchdog group?"

They work directly for plaintiffs' attorneys who are suing Toyota. I repeat, they are paid directly by plaintiffs' attorneys who are suing Toyota.

They don't like that the NHTSA-NASA report blows a hole in their ridiculous assertion that electronic bugs are causing Toyotas to accelerate, so they have launched a series of irresponsible attacks against both agencies. Sean Kane has NO DATA to back up any of his assertions. And yet, he is accorded the same level of respect that is given NASA scientists. Actually, he seems to get more respect. That's brilliant.

Even worse, the attacks by Kane and his ilk against the report follow efforts by the tort lawyers associations to heavily lobby NHTSA and the Department of Transportation late last year in an effort to get the report to line up in their favor.

At the very least, the media should have the decency to be fully transparent about what side Sean Kane is on. He absolutely has a dog in this fight.
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HUFFPOST SUPER USER
Northern Observer
01:15 PM on 05/24/2011
I, my wife, or my parents who have owned 5 newer models (5 years old or less) between us have never had any problems either. My folks also still have their 20 year old camry that is still running like a dream. I take personal experience above anything when it comes to large purchases like that.
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Shain Eighmey
Microbiologist
10:29 AM on 05/24/2011
Even if there was a problem, Toyota still is an amazingly dependable car maker. Frankly, I found the excessive coverage of this to be rather convenient timing with the Government's bailing out of GM and Chevrolet.
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HUFFPOST SUPER USER
Shain Eighmey
Microbiologist
12:01 PM on 05/24/2011
*snip*
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HUFFPOST SUPER USER
Patriot86
Compassion is the basis of all morality.
10:05 AM on 05/24/2011
No kidding...at some point it will be shown that Consumer Report is taking pay offs from Toyota and other as well.
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MsMoonpieJD
I have badges but HuffPo won't show them.
09:23 AM on 05/24/2011
I believe Toyota when they say there was not an unintended acceleration problem. I believe them because I am driving one on their Corollas, a 1995, which is, except for the wear on the carpet, as good as it was when I bought it new. Toyota makes extremely high quality vehicles, while its competitors generally do not. I think this may be why Toyota is skewered by the media.
09:57 AM on 05/24/2011
Your Toyota doesn't have the electonically controlled throttle that is being recalled. Do you think all these people are lying? I find it amazing that plenty of American vehicles have been recalled over the years and people bought Japanese cars thinking they are better. They're not and and they deserve to be investigated for the safety of all Americans.
03:57 PM on 05/24/2011
There were no, ZERO, recalls for vehicles because of electronic throttle systems. As in zero. And there was a very comprehensive investigation undertaken by NHTSA and NASA engineers. It's just that the people who are suing Toyota don't like what they found and are now attacking the report. Now, I wonder why they don't like what the report says?
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HUFFPOST SUPER USER
Patriot86
Compassion is the basis of all morality.
10:06 AM on 05/24/2011
Your Toyota is old...the problem is with new models.
08:44 AM on 05/24/2011
The Gov. buys two auto companies then open an investigation of their MAIN competition??? NO conflict there???
mm3264
Volunteer Of America, Occupy Wall St
09:06 AM on 05/24/2011
You don't see a problem with Toyota killing drivers? That's ok with you? I'll bet collasping mines is no problem to you and shouldn't be looked at either.
09:15 AM on 05/24/2011
Did I say that? Just pointing out the hypocracy
03:55 PM on 05/24/2011
Please, Toyota vehicles aren't killing anyone. The only fatal accident that has been confirmed to have been caused by a Toyota UA incident was the Saylor crash involving the CA state police officer that killed four people. A very tragic event. The cause was that the Lexus dealer put the wrong floor mats in the loaner vehicle that was involved in the accident.
08:26 AM on 05/24/2011
This has been going on for years. The auto themselves pay for the group that investigates all complaints. These peaole aren't going to say anything bad about the people that pay them. We should up the import taxes on all the cars and parts they ship over her to sell cheaper where the american prices can compete with them. We are just supporting them on running our car people out of business.
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Marisa Stein
~I solemly swear that I am up to no good~
08:24 AM on 05/24/2011
I was suprised to read this on the HP but then I realized that the election is coming up and they need a many libs as possible to vote so they're warning them that their cheap import might kill them

way to go HP, save some Libs
07:53 AM on 05/24/2011
when the law suits come in and the lawyers take over do we expect to get the truth, NOT.
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05:53 AM on 05/24/2011
Just another version of Pearl Harbor. You still can't trust those people.
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08:07 AM on 05/24/2011
Your statement shows you to be nothing more than a DOPE!!!
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Marisa Stein
~I solemly swear that I am up to no good~
08:25 AM on 05/24/2011
you seem upset, go for a drive in your Lexus and calm down :)
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Ron L Mckinney
keep on soldiering
01:55 AM on 05/24/2011
most toyotas are made in america
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Patriot86
Compassion is the basis of all morality.
10:08 AM on 05/24/2011
Not true;.
03:46 PM on 05/24/2011
Most Toyotas sold in America are made in North America
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Ron L Mckinney
keep on soldiering
01:47 AM on 05/24/2011
toyota is the best automobile made in america cars and trucks if you dont like them then dont buy them just leave them alone
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joper201
Lifes tough, it's tougher when you're stupid. JW
11:54 PM on 05/23/2011
Are you proud of your job as censors. Do you receive 30 peices of silver.
10:15 PM on 05/23/2011
My best friend, she just has announced her wedding with a military young man! they met via MeetMilitary.C óM..it is the largest and best club for military people and their admirers to chat online. …you don’t have to be rich there ,but you can meet one ,maybe you wanna check it out or tell your friends ........
The problem is, US managers got into TOYOTA, similar to the people who are at US automobile manufacturers. Didn't Toyota also hire former NHTSA workers? who persuaded NHTSA to relax the rules a bit on some problems?