Spider Sparks Mazda6 Recalls

Spider Sparks Mazda6 Recalls

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The California Lemon Law and others like it across the country were initially established to provide recourse for consumers who discover serious performance issues or faulty parts after the sale of the car, whether its a new or used vehicle.

Interestingly enough, the lemon laws do not apply to rental car companies, and there have been dire consequences paid by drivers as a result. A California mother lost her two daughters when Enterprise Rent-A-Car failed to carry out a recall on the Chrysler PT Cruiser in 2005. Four months after a recall for the car had been issued due to a power steering fluid leak that was linked to fires in the cars engine compartment, the girls PT Cruiser caught fire and collided with an 18-wheel truck. Both girls died in the accident.

A suit was naturally filed by the girls family against Enterprise, and although the rental company fought the case for several years, the parents of the two girls were awarded damages-only verdict of $15 million. That case garnered the attention of U.S. Senator, Charles Schumer, who, on March 2, introduced the Safe Rental Car Act in an effort to keep unsafe rental cars that are subject to recall notices off the road.

Schumer says that in order to protect consumers, all recalled vehicles should be parked until they are fixed. When a recall notice is issued for a vehicle, auto dealers are forbidden by law from selling that vehicle until it has been serviced and defect or performance issue has been fully addressed and corrected. If passed, The Safe Rental Car Act would codify this requirement.

A National Highway Traffic Safety Administration NHTSA study conducted in 2010 reinforces the need for the law: It found some recalled vehicles in rental fleets still lingered on the lots unrepaired well beyond 90 days after recalls. According to the report, Hertz repaired 34 percent, Avis/Budget 53 percent and Enterprise 65 percent during a three-month period tracked by the NHTSA.

The (NHTSA) does not have the authority to force rental-car companies to carry out recalls, although they expect rental car companies to provide safe vehicles and make repairs to those that require them. Under the legislation, rental car companies will no longer be able to pick and chose when a car defect or performance issue constitutes a recall.

Rental car companies should be immediately barred from renting cars that would be pulled from showrooms and car dealer lots because of safety recall concerns, said Schumer. This is a serious public safety issue and, tragically, we have already seen the grave and devastating consequences of inaction. This bill is just plain common sense rental car companies should not be in the business of renting cars that pose serious risks to drivers and passengers. We need to keep these cars off roads until they are fixed, and the Safe Rental Car Act will make sure thats exactly what happens.

In addition, according to Clarence Ditlow, executive director of the Center for Auto Safety (CAS), the Federal Trade Commission Act states that companies shall not engage in unfair trade practices. And, not repairing a defective vehicle after it has been recalled, before renting it out, is an unfair trade practice, and is a violation of the act.

Until the Safe Rental Car Act is passed, experts say the best recourse we as consumers have is to simply ask the rental car agent if the vehicle you are renting is subject to an outstanding safety recall. If the answer is yes, choose a different vehicle if the agency will not answer the question, take your rental car business somewhere else.

About the Author:
To find California Lemon Law Attorney please visit the website of California Lemon Law



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