Takata airbags recall replacements and buying affected used vehicles

A good neighbour has a 1990s Toyota Scarlet and has just received a notice from Toyota indicating that the vehicle is one which has been identified as having faulty airbags.

The notice asks for the vehicle to be brought into the nearest Toyota for a ‘free’ check to confirm that the airbag in fact is one of the ones subject of the recall. Maybe if the vehicle has been in an accident in the past, a different airbag may have been installed…and such the vehicle may be safe to use.

Anyway, the vehicle has not been in a accident and has the original OEM airbag.

The notice also says that the vehicle should not be drifen due to potential risks (I wonder how Toyota expects owners to get vehicles to their nearest dealership) and due to the age of the vehicle, there is no replacement airbags available. It also says that should replacements become available, then a replacement airbag may be fitted…even if these airbags may be found to be faulty in the future.

Toyota has also indicated that an option (apart from fitting an airbag that doesn’t exist) the vehicle will be bought off the registered owner at market value.

The neighbour is worried that if he visits a dealership, he will not be allowed to drive the vehicle home…high probably.

The neighbour is also concerned that the market value will leave him short of replacing the vehicle with a non-faulty airbag model…if they exist.

The neighbour is also concerned that the vehicle won’t be allowed to be re-registered at the next registration renewal.

I suggested before he visits a dealer he makes contact to see if they are willing to negotiate a replacement vehicle of similar age and quality, but one with a fault free airbag. I also suggested that if fhe vehicke is bought at market value, any prorata of the annual rego is added to the market value…something dealers don’t often do.

This is yet to be done, so will post progress of his dealing with Toyota over the Scarlet.

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Your neighbour friend is between a rock and a very hard place. The car will in all likelihood not be allowed to be re-registered in the future and may have it’s registration cancelled prior to expiry if it is deemed a non-registerable vehicle. As to the Toyota taking it or the safety aspect of driving it there issues for not wishing to drive it into Toyota’s hands, they need to contact Toyota Australia and inform them where the vehicle can be inspected at eg their home. I understand Toyota will arrange either a visit by a trained inspector or they will arrange towing to an inspection place at Toyota’s cost. The owner could refuse the tow offer but I am sure Toyota will be informing the relevant authorities on non-complying owners so that State Registration Dept action can be taken. I think it will be more difficult as an outcome if they are stopped by the Police while driving and told that the car will be removed from the roads as it’s registration will be revoked immediately.

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These are great additional points and will pass them on. Much appreciated @grahroll

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The ACCC has accepted a court-enforceable undertaking from Mercedes-Benz Australia/Pacific Pty Ltd (Mercedes-Benz), after Mercedes-Benz acknowledged it had failed to initiate a recall of certain C class and E class vehicles with faulty Takata airbags, due to spare parts availability, in accordance with the timeframe required under the Takata compulsory recall.

The ACCC alleges that, between June and November 2018, Mercedes-Benz failed to initiate vehicle recalls for all affected vehicles fitted with faulty Takata airbags, despite being required to under its Recall Initiation Schedule.

Translation: we haven’t got the parts so what the customer doesn’t know won’t hurt them …

As part of the undertaking, Mercedes will offer a hire car or alternative transport for affected consumers if it is unable to replace the airbag within two weeks from the date requested by a consumer (for reasons other than the consumer not making the vehicle available for repair).

This applies to Mercedes-Benz C Class or E Class vehicles affected by the compulsory recall that are:

  • older than 6 years and located in Queensland, Northern Territory, Western Australia and parts of the coastal area of New South Wales north of Newcastle; or
  • older than 9 years and located elsewhere in Australia.

In January 2020 the ACCC announced that three corporations had paid penalties for allegedly selling or advertising vehicles under active recall.

… interesting differentiation …

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Mercedes passenger and commercial vehicles have had some 37 recalls in the past 12 months earning them the dubious distinction of being the most recalled make in Australia.

Without bothering to count the recalls for all the other brands, I would not be surprised if their total did not reach Mercedes level.

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The Takata recall saga continues unabated.

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State Governments are refusing to renew registrations of vehicles which have not had their defective Takata airbags replaced.

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What can happen when vehicle owners are too stupid to attend to recalls.

https://www.9news.com.au/world/south-carolina-driver-killed-by-exploding-air-bag-inflator/e812fc9d-8199-4dcc-8398-53ea2f7c2cdd

A legal case involving the first person in Australia to be injured by a defective Takata airbag.

It will be interesting to see the outcome.

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