ROANOKE TIMES
Copyright (c) 1996, Roanoke Times
DATE: Wednesday, June 5, 1996 TAG: 9606050036
SECTION: BUSINESS PAGE: B-8 EDITION: METRO
DATELINE: WASHINGTON
SOURCE: ASSOCIATED PRESS
The government told Chrysler Corp. on Tuesday to recall more than 91,000 Chryslers and Dodges because of unsafe seat belts, then went to court to enforce the order after the company refused to go along.
Chrysler had told the National Highway Traffic Safety Administration months ago that it would not comply with any recall of the 1995 model cars. That prompted the Justice Department to file a federal civil lawsuit to force the company to notify owners and fix the Chrysler Cirrus and Dodge Stratus cars for free.
This is the first time the government has taken such action based on its own safety tests, though the traffic safety agency has taken manufacturers to court on eight previous occasions for alleged defects based on accidents and engineering analysis. The government has lost only one of those cases.
In January, the government determined the cars' rear seat belt system was not strong enough because a weld nut anchoring the belt pulled out of the floor of a 1995 Chrysler Cirrus during a routine test. The same system is used in the Dodge Stratus.
Chrysler lawyer Lewis Goldfarb said the court battle has implications for all automakers because the testing procedure wasn't clear on what the company had to do to comply.
Chrysler officials also said in a statement that on the road, as opposed to a government test, ``there has not been a single incident of rear seat belt anchor failure, injury or complaint.''
``We're taking a huge public relations hit. This has to be real important to this company,'' Goldfarb said in a telephone interview from Auburn Hills, Mich.
The government requires a seat belt system to sustain a 3,000-pound load for 10 seconds. In the government test, the belt pulled out before the 3,000-pound load was attained.
The agency and Chrysler are arguing over the position of the government's testing equipment. The government positioned the equipment several inches farther away from the seat back than the automaker did.
Government documents said Chrysler duplicated the highway safety agency's test and the belt still failed. However, Chrysler said if the testing equipment is placed closer to the seat, the anchor system works properly.
Agency officials say it is well known that they can test the seat belt system from several different positions if a regulation is not specific.
``Our safety standard ensures that seat belts perform properly when used, and provide users at least a minimum level of protection,'' said agency head Ricardo Martinez.
``Seat belt systems are the most important safety device motorists have to protect themselves in a crash, so it is important that these devices perform effectively,'' he said.
The other automakers have supported Chrysler's position through statements made by their lobbying groups, the American Automobile Manufacturers Association and the Association of International Automobile Manufacturers.
``It is only by chance that this lack of test procedure objectivity has not produced a conflict before now,'' AIAM vice president George Parker wrote to the safety agency.
The court decision will be made by a federal judge, who could back the recall order or overrule the agency.
The maximum civil penalty that could be assessed for Chrysler's refusal to recall the vehicles is $800,000, according to court documents. However, Chrysler officials say money is not the issue since the recall would cost comparatively little.
Industry sources place that cost at about $2 million.
The federal agency said Cirrus and Stratus cars manufactured after May 15, 1995, meet the safety standard because Chrysler replaced the weld-nut assembly with a stronger design.
LENGTH: Medium: 77 linesby CNB