NHTSA Office of Defects Investigation
Audit Query AQ18-004: Recall Administration Concerns
- Closed
NHTSA's Office of Defects Investigation opened Audit Query AQ18-004 on October 22, 2018 and closed it on June 1, 2020. NHTSA's investigations file lists the Mercedes Benz Mercedes Benz for it.
Updated daily from NHTSA's investigations file
Key facts
- NHTSA number
- AQ18-004 (also written AQ18004)
- Investigation type
- Audit Query An administrative investigation into compliance with federal vehicle safety requirements, such as reporting Early Warning data on time or carrying out a recall.
- Status
- Closed June 1, 2020
- Opened
- Closed
- Vehicle or equipment manufacturer
- Mercedes-Benz USA, LLC
- Component
- Unknown or Other
- Vehicles and equipment
- Mercedes Benz Mercedes Benz
A recall appears here only when NHTSA's investigations file links one to the investigation; NHTSA's summary or record can name others.
NHTSA's summary
As NHTSA's Office of Defects Investigation wrote it for Audit Query AQ18-004.
The National Highway Traffic Safety Administration (NHTSA) and Mercedes-Benz USA LLC (MBUSA) entered a settlement agreement on December 17, 2019 to resolve NHTSA Audit Query number 18-004 (AQ18-004). Notwithstanding MBUSA's explanations and positions, NHTSA determined the following: owner letters for six recalls were mailed beyond the sixty-day deadline from the Part 573 report date; in twenty-two recalls, the final issued copies of owner's letters were not uploaded within the required 5-day time frame; six quarterly reports involving four recalls were not submitted according to the schedule set forth in 49 CFR 573.7(d); fourteen recalls were not updated when owner letter launch dates became available, as required in 49 CFR 573.6(a); and for recalls 18V-405 and 18V-610 NHTSA alleges that MBUSA did not submit the Part 573 report within five business days of when it knew or should have known that the noncompliance existed. NHTSA also raised concerns with MBUSA regarding the efficacy of MBUSA's VIN Lookup Tool with the requirements contained in 49 CFR 573.15.
MBUSA has responded, both in writing and through subsequent meetings to all the concerns mentioned above and committed to addressing these concerns moving forward.
As part of the settlement agreement, MBUSA agreed to a total civil penalty of $20 million, with $13 million to be paid within 45 days of the effective date of the settlement agreement. Failure to comply with the terms of the settlement agreement will result in portions of the $7 million in abeyance funds coming due. NHTSA acknowledged the efforts made by MBUSA to improve their recall administration, including making substantial financial investments into a new automated recall management tool, and hiring and training personnel. The settlement agreement details how both parties will move forward with quarterly assessment meetings, and address any issues with timely communication.
Based on the Settlement Agreement this audit query investigation, AQ18-004, is closed. Closure of this AQ has no bearing on the terms of the Settlement Agreement, including MBUSA's ongoing performance obligations or legal obligations, and does not represent a determination by NHTSA as to MBUSA's performance under the settlement agreement to date.
Vehicles and equipment listed for this investigation
NHTSA's investigations file lists these vehicles and equipment for Audit Query AQ18-004. A listed model year means only that an investigation names it; it says nothing about any particular vehicle. Model years with a try.vin recall page link to that page's NHTSA investigations section.
Mercedes Benz
Mercedes Benz Mercedes Benz
- model year not given
What an NHTSA investigation is
NHTSA's Office of Defects Investigation (ODI) looks into possible safety defects in vehicles and equipment, often after owner complaints. An investigation usually starts as a Preliminary Evaluation, or as a Recall Query when it concerns whether an existing recall covers the right vehicles or fixes the problem, and ODI can upgrade it to a more detailed Engineering Analysis. A Defect Petition asks NHTSA to open an investigation, and Audit and Equipment Queries are administrative investigations into whether companies complied with federal vehicle safety requirements, such as reporting, recall and certification rules.
An open investigation is not a finding that a safety defect exists, and NHTSA can close one without a recall.
To see whether a specific vehicle has an open recall, enter its VIN at nhtsa.gov/recalls.
Mercedes Benz VIN check: decode a VIN to see its year, make and model.
Sources
NHTSA's investigation record for AQ18-004
Investigation details come from NHTSA's investigations file, which try.vin imports once a day. The investigation types are described from the U.S. Department of Transportation Inspector General's May 2023 report on NHTSA's Office of Defects Investigation, NHTSA's petition rules (49 CFR Parts 552 and 557) and NHTSA's Office of Defects Investigation procedures. How try.vin reads NHTSA investigations.