OVERSIGHT TOYOTA INVESTIGATION HEARING P2
TOYOTA
The House Energy and Commerce Committee, Oversight and Investigations Subcommittee hearing with David Strickland, the administrator of the National Highway Traffic Safety Administration and James Lentz, the President and CEO of Toyota Sales USA entitled "Update on Toyota and NHTSA's Response to the Problem of Sudden Unintended Acceleration"
12:00:00
12:07:46 RAYBURN OFFICE BUILDING, WITNESSES ARE DAVID STRICKLAND,
12:07:48 HEAD OF THE NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION
12:07:53 AND JAMES LENTZ, PRESIDENT OF TOYOTA MOTOR SALES, USA.
12:07:58 THIS IS THE THIRD CONGRESSIONAL COMMITTEE.
12:08:09 SEVERAL ACADEMICS AND ENGINEERS HAVE DESCRIBED$Z
12:08:12 GILBERT'S WORK AS SENSIBLE, REASONABLE AND LEGITIMATE
12:08:16 STARTING POINT FOR AN INVESTIGATION INTO POTENTIAL
12:08:19 CAUSES OF SUDDEN UNINTENDED ACCELERATION.
12:08:23 THESE ACADEMICS AND ENGINEERS HAVE DISCUSSED WITH THE
12:08:26 COMMITTEE A VARIETY OF REAL WORLD EVENTS THAT COULD LEAD TO
12:08:30 THIS SORT OF RESIST TIVE -- TO THE SORT OF RESISTIVE DR.
12:08:34 GILBERT INDUCED IN HIS LAB. BUT TOYOTA'S RESPONSE TO DR.
12:08:39 GILBERT'S TESTIMONY WAS NOT TO INVESTIGATE HIS WORK SERIOUSLY,
12:08:42 INSTEAD THEY AGGRESSIVELY ATTACKED HIS CREDIBILITY AND
12:08:46 MOTIVES. IT'S MY UNDERSTANDING THAT NTSA
12:08:49 HAS TAKEN A DIFFERENT APPROACH WITH DR. GILBERT AND HAS INVITED
12:08:52 HIM TO ITS TESTING FACILITY SO HE CAN DISCUSS HIS WORK WITH
12:08:56 FEDERAL OFFICIALS INVESTIGATING SUDDEN, UNATTENDED ACCELERATION
12:09:00 IN TOYOTA VEHICLES AND CARS. IS THAT CORRECT?
12:09:02 YES, SIR, THAT IS CORRECT. ACTUALLY THE ENGINEERS AT NTSA
12:09:07 HAVE BEEN IN FAIRLY REGULAR CONVERSATION WITH DR. GILBERT TO
12:09:10 ARRANGE A TIME. AND IT'S MY UNDERSTANDING THAT
12:09:12 HE WILL BE VISITING OUR FACILITY IN EAST LIBERTY, OHIO, WITHIN
12:09:16 THE NEXT TWO WEEKS WHERE HE WILL BE GIVEN ACCESS TO OUR
12:09:20 LABORATORY AND OUR FACILITIES TO REPLICATE HIS WORK, TO DISCUSS
12:09:22 WITH OUR ENGINEERS AND ALSO WITH THE NASA FOLKS AS WELL.
12:09:27 HIS WORK IN ADDITION TO OTHER EXPERTS, IT'S VERY IMPORTANT FOR
12:09:31 US TO GET TO AN ANSWER AND WE'RE WELCOMING DR. GILBERT'S
12:09:38 PARTICIPATION. TOYOTA HAS DESCRIBED HIS WORK
12:09:41 AS PONY, PARLOR TRICK, THINGS LIKE THAT.
12:09:44 I SUSPECT YOU WOULD NOT INVITE HIM TO PARTICIPATE UNLESS YOU
12:09:48 FELT HE HAD SOMETHING TO OFFER TO THE DISCUSSION.
12:09:52 ABSOLUTELY NOT. WE BELIEVE HE'S REPLICATED A
12:09:54 SITUATION WHEREAS YOU DESCRIBED, MR. CHAIRMAN, THAT HE COULD HAVE
12:09:58 AN INCIDENT OF UNINTENDED ACCELERATION WHILE THIS BEING
12:10:04 PICKED UP IN THE ECM. THAT IS THE CORE OF EVERYONE'S
12:10:07 QUESTION AND WE HAVE TO TAKE HIS WORK VERY SERIOUSLY.
12:10:12 LAST TIME SECRETARY LaHOOD TESTIFIED, YOU WERE IN THE
12:10:16 PROCESS OF HIRING ENGINEERS. WE'RE IN THE PROCESS OF
12:10:21 RECRUITING SEVERALS. WE'RE BEGINNING THE INTERVIEW
12:10:24 PROCESS. WE HOPE TO GET A NUMBER OF FOLKS
12:10:27 ACROSS ELECTRICAL ENGINEERS, SOFTWARE ENGINEERING AND OTHERS
12:10:34 SOON. THE WHITE HOUSE IN THE LAST
12:10:35 WEEK OR TWO PUT OUT INITIATIVE WHERE YOU'RE TRYING TO SPEED UP,
12:10:40 IF YOU WILL, THE HIRING PROCESS FROM FIVE MONTHS TO ABOUT FIVE
12:10:43 WEEKS OR SIX WEEKS. HAVE YOU FOUND THAT HIRING
12:10:45 PROCESS TO BE A BURDEN IN TRYING TO OBTAIN EXPERTISE THAT YOU
12:10:50 NEED? WE'RE IN THE PROCESS OF
12:10:52 EXECUTING THROUGH THE QUICK-HIRE PROCESS IN THE ADMINISTRATION'S
12:10:56 REFORMS. WE DEFINITELY APPRECIATE THESE
12:10:57 NEW REFORMS AND WE'RE USING THEM TO ADVANTAGE OF HOW TO GET FOLKS
12:11:02 ON BOARD AS QUICKLY AS WE CAN. THE NORMAL PROCESS DOES HAVE --
12:11:07 DOES REQUIRE SOME ENERGY AND THE REFORMS ARE VERY HELPFUL.
12:11:10 LET ME ASK YOU THIS. TOYOTA INDICATED IT WOULD RECALL
12:11:13 LEXUS LS VEHICLES. HAS THERE BEEN A RECALL ISSUED
12:11:17 YET? THEY SAID IT MIGHT BE AS EARLY
12:11:19 AS TOMORROW. MY UNDERSTANDING IS TOYOTA
12:11:21 WILL BE ISSUING THEIR REQUIRED DOCUMENTS TO NHTSA FRIDAY.
12:11:28 THEY HAVEN'T OFFICIALLY ANNOUNCED A RECALL, BUT IT'S MY
12:11:32 UNDERSTANDING THAT WILL HAPPEN TOMORROW.
12:11:34 THEY HAVE INFORMED NHTSA OF THE ISSUE THAT AROSE IN JAPAN AND
12:11:38 THEIR PLAN OF ACTION. I THINK THERE'S ABOUT
12:11:40 ANOTHER -- THIS IS THEIR TOP LINE OF THE LS LEXUS VEHICLES.
12:11:48 THOSE WERE ALSO SOLD HERE IN THE UNITED STATES CORRECT?
12:11:49 THAT IS CORRECT. HAVE YOU WORKED WITH NHTSA ON
12:11:56 THIS? TOYOTA, THEIR WORK WAS WITH
12:11:58 THE JAPANESE MINISTRY OF LAND INFRASTRUCTURE AND TRANSPORT.
12:12:02 AND THROUGH THEIR WORK FOUND THAT THERE WAS A DEFECT
12:12:05 RECORDING THE STEERING MECHANISM.
12:12:07 ONCE THAT WAS FOUND, THEY REPORTED TO NHTSA ABOUT THEIR
12:12:11 PLANS IN JAPAN AND PLANNED TO TAKE THE STEPS HERE IN THE
12:12:14 UNITED STATES AND WE'RE WORKING THROUGH THE ISSUES OF THE
12:12:17 REMEDY, WHICH I WOULD IMAGINE THAT WILL BE ANNOUNCED ON
12:12:20 FRIDAY. ALL RIGHT.
12:12:21 HAVE YOU GONE BACK THROUGH YOUR DATA BASE TO SEE IF THERE HAVE
12:12:24 BEEN STEERING PROBLEMS WITH THESE LEXUS LS --
12:12:27 YES, MR. CHAIRMAN, WE HAVE. TO EXPLAIN A LITTLE MORE FULLY,
12:12:31 THE VEHICLE POPULATION INVOLVES THE LEXUS LS THROUGH THE END OF
12:12:37 MODEL YEAR 2009 THROUGH 2010 WHICH IS A VEHICLE POPULATION OF
12:12:40 3800 VEHICLES HERE IN THE UNITED STATES.
12:12:43 THE OFFICE OF DEFECTS INVESTIGATION HAS GONE -- IS
12:12:46 GOING THROUGH AND HAS GONE THROUGH OUR DATA BASE TO SEE IF
12:12:49 THERE WERE SIMILAR STEERING ISSUES.
12:12:51 WE HAVE NOT FOUND A COMPLAINT AS OF YET BUT WE'RE CONTINUING TO
12:12:54 SEARCH THE DATA BASE, EVEN ABSENT THAT WE APPRECIATE
12:12:58 TOYOTA'S BEING FORTHRIGHT AND TAKING ACTION INDEPENDENT OF OUR
12:13:01 OWN WORK. BUT WE ARE LOOKING TO MAKE SURE
12:13:03 THAT IF WE'VE HAD A SIMILAR ISSUE.
12:13:05 THERE WERE ONLY 12 OF THESE INCIDENTS IN JAPAN, IF I'M NOT
12:13:12 MISTAKEN. LAST HEARING IN FEBRUARY I
12:13:13 ASKED THE QUESTION OF ALL THE WITNESSES, MR. LENTZ IN
12:13:17 PARTICULAR INDICATED THAT THE MATS AND THE STICKY PEDAL
12:13:21 ACCOUNTED FOR ABOUT 16% OF THE UNINTENDED ACCELERATION.
12:13:26 HAS NHTSA THROUGH ITS INVESTIGATION FOUND THE CAUSE
12:13:31 FOR THE OTHER 84% OF UNINTENDED ACCELERATION WHICH REMAINS
12:13:36 UNEXPLAINED? WE'RE WORKING THROUGH SEVERAL
12:13:37 FIELD INVESTIGATIONS. WE HAVE 38 FIELD INVESTIGATIONS
12:13:41 ONGOING, LOOKING AT SPAN OF TOYOTA'S UNINTENDED ACCELERATION
12:13:44 ISSUES. WE ARE LEAVING NO THEORY
12:13:46 UNQUESTIONED OR UNTURNED. WE HAVE FOUND NO EVIDENCE OF
12:13:51 ADDITIONAL CAUSES OF THE DEFECT BUT THAT DOES NOT MEAN WE'VE
12:13:55 STOPPED LOOKING. WE'RE GOING TO TURN OVER EVERY
12:13:57 STONE, NOT ONLY OUR RESEARCH ONGOING WITH NASA AND THE
12:14:01 UPCOMING NATIONAL ACADEMY OF SCIENCES STOITD BUT OUR WORK IS
12:14:05 ALSO ONGOING AS ANY OTHER POSSIBLE ISSUES THAT COULD BE
12:14:09 CREATING THIS FAULT. SO WE'RE NO CLOSER TO
12:14:12 RESOLVING THE UNEXPLAINED 84% OF THE SUDDEN UNINTENDED
12:14:17 ACCELERATIONS. THAT IS CORRECT.
12:14:18 MR. BURGESS FOR QUESTIONS. THANK YOU, MR. CHAIRMAN.
12:14:27 MR. STRICKLAND, THE LAST HEARING WE HAD, SECRETARY LaHOOD SAID
12:14:32 THAT TOYOTA WAS -- HAD MADE SOME IMPROVEMENTS AND WAS GOING TO
12:14:36 BE -- THEN TOYOTA STATED THEY APPOINTED A CHIEF QUALITY
12:14:39 OFFICER, THEN WE HAD THE WHOLE ISSUE COME UP WITH THE 2010
12:14:44 LEXUS GS 460, SO DID THAT GIVE YOU AN ABILITY TO EVALUATE
12:14:49 TOYOTA'S RESPONSIVENESS TO THE PROBLEM WITH THE LEXUSES
12:14:56 COMPARED TO THEIR EARLIER RESPONSES?
12:14:58 YES, MR. BURGESS, IT HAS. AND I MADE A COMMENT AFTER THE
12:15:03 LEXUS GX 460 RECALL, THE CONSUMER REPORTS RECALLED WITH
12:15:06 THE ELECTRONIC STABILITY CONTROL ISSUE.
12:15:10 I HAVE FOUND SINCE I'VE TAKEN OFFICE IN JANUARY THAT TOYOTA
12:15:13 HAS BEEN MUCH MORE RESPONSIVE -- I DON'T MEAN TO INTERRUPT,
12:15:17 BUT DID THE QUALITY OFFICER MAKE A DIFFERENCE IN THAT
12:15:21 ENVIRONMENT? I WAS JUST INFORMED OF HIS
12:15:24 HIRING PROCESS, THE OVERALL RESULT IS WE HAVE SEEN BETTER
12:15:28 RESPONSES. TOYOTA'S WORKING THROUGH THE
12:15:29 ORGANIZATION ISSUES, BUT THESE PAST TWO RECALLS HAVE BEEN --
12:15:34 I'VE BEEN VERY HAPPY WITH THE RESPONSIVENESS.
12:15:36 ONE OF THE ISSUES WITH PROFESSOR GILBERT'S TESTIMONY
12:15:39 LAST TIME, ONE OF THE QUESTIONS HE COULDN'T ANSWER WHEN I ASKED
12:15:44 WAS HOW -- TO GIVE US A REAL WORLD SCENARIO OF HOW THAT
12:15:49 SITUATION THAT HE DESCRIBED TO US WOULD EXIST.
12:15:52 WOULD IT BE CHAFING OF A CABLE HOLDER?
12:15:55 HOW WOULD YOU GET THE CORRECT AMOUNT OF RESISTANCE PLACED
12:15:57 ACROSS THE TWO WIRES, AND I NEVER REALLY GOT A
12:16:02 STRAIGHTFORWARD ANSWER TO THAT. IN WHAT YOU HAVE SEEN SO FAR,
12:16:05 HAS -- IS THAT A QUESTION THAT HAS BEEN SATISFILY ANSWERED IN
12:16:10 YOUR MIND? WHAT IS A REAL WORLD SITUATION
12:16:12 THAT WOULD HAVE TO OCCUR IN ORDER TORE MEET THE CONDITIONS
12:16:15 DR. GILBERT OUTLINED? I'LL DEFINITELY HAVE MY STAFF
12:16:19 AND ENGINEERS GET BACK TO YOU AFTER THE HEARING FOR I GUESS A
12:16:22 MORE TECHNICAL RESPONSE. WE'RE INVITING DR. GILBERT OUT
12:16:25 TO EAST LIBERTY FOR HIM TO REPLICATE HIS TEST.
12:16:27 WE HAVEN'T HAD AN ANSWER IN TERMS OF WHAT WOULD BE THE REAL
12:16:30 WORLD SITUATION TO CREATE THIS FAULT, BUT THAT IS SOMETHING WE
12:16:33 WANT TO TALK TO DR. GILBERT ABOUT.
12:16:40 WILL NHTSA EVALUATE THAT AS WELL?
12:16:43 CAN WE EXPECT TO SEE THE RESULTS OF THAT EVALUATION?
12:16:45 IT WILL ALL BE MADE PUBLIC AND PROVIDED TO THE COMMITTEE.
12:16:48 IN ADDITION TO MEETING WITH DR. GILGILBERT, WHO ELSE ARE YO
12:16:55 PLANNING TO MEET? CONTACTING EXPONENT AND
12:16:57 HAVING CONVERSATIONS WITH EVERY EXPERT WORKING IN THIS AREA.
12:17:00 BUT WE HAVE NOT HAD A CONVERSATION WITH EXPONENT AS OF
12:17:03 THIS POINT. NOW, YOUR CONTRACT WITH
12:17:12 NHTSA, HAVE ANY OF THE INDEPENDENT GROUPS ASKED TO MEET
12:17:18 WITH NHTSA? THERE HAVE BEEN NUMEROUS
12:17:23 CONVERSATIONS WITH EXPERTS AROUND THE COUNTRY.
12:17:25 I'LL BE HAPPY TO GET BACK ON THE RECORD TO TELL YOU WHICH
12:17:28 CONVERSATIONS HAVE HAPPENED. HAVE THEY REFUSED ANY
12:17:32 MEETINGS WITH ANY PARTICULAR GROUPS?
12:17:36 ABSOLUTELY NOT. AND YOU WILL MAKE THAT
12:17:38 INFORMATION AVAILABLE TO US? ABSOLUTELY, SIR.
12:17:42 NOW -- AND I DON'T HAVE THE DATA IN FRONT OF ME, BUT WE JUST
12:17:45 LOOKED AT THE TIMELINE FOR THE UNCOMMANDED ACCELERATION AND THE
12:17:51 THROTTLE CONTROL, THE TWO SEEM TO BE SUPERIMPOSED EVENTS THAT
12:17:54 OCCURRED ABOUT IN 2002. BUT TO THE BEST OF MY
12:18:02 UNDERSTANDING, THEY'RE REALLY, THROUGH ALL OF YOUR WORK, THERE
12:18:05 HAS NOT BEEN A PROBLEM IDENTIFIED WITH THE ELECTRONIC
12:18:08 THROTTLE CONTROL, OTHER THAN THE TESTIMONY FROM PROFESSOR
12:18:12 GILBERT. IS THAT THE ONLY AVENUE OF
12:18:13 PURSUIT THAT IS OCCURRING RIGHT NOW?
12:18:15 WE'RE LOOKING AT THE WHOLE -- THE ENTIRE TOYOTA FLEET IN
12:18:19 REGARD TO THIS ISSUE THROUGH OUR FIELD INVESTIGATIONS.
12:18:23 BUT IN TERMS OF HAVE WE FOUND A DEFECT INVOLVING THE THROTTLE
12:18:26 CONTROL SYSTEM FROM OUR PAST WORK, WE HAVE NOT AT THIS POINT.
12:18:29 BUT THE REASON WHY WE'RE INVESTING SO HEAVILY TO MAKE
12:18:33 SURE WE HAVE A FULL SCOPE OF EVERY ANSWER.
12:18:36 THAT WORK IS ONGOING, BUT OUR PAST WORK HASN'T SHOWN A DEFECT.
12:18:40 WAS MY E-MAIL CORRECT ABOUT THE RHONDA SMITH CAR, FIND THE
12:18:44 CAR AND TEAR IT APART AND FIND OUT THE PROBLEM, YOU DID LOOK
12:18:48 AND RIGHT NOW NOTHING REMARKABLE?
12:18:50 IS THAT -- IS THAT STILL THE ANSWER?
12:18:53 THAT IS THE STILL CORRECT. THE SMITH VEHICLE IS ONE OF OUR
12:18:59 TEST FLEET, OVER 20 VEHICLES TOTAL.
12:19:04 WE HAVE BEGUN WORK ON LOOKING AT HER VEHICLE IN ADDITION TO THEZG
12:19:10 OUR INVESTIGATION WITH NASA. AS I RECALL MISS SMITH'S
12:19:17 TESTIMONY, IT WAS VERY COMPELLING.
12:19:19 ONE OF HER COMPLAINTS WAS NO ONE AT TOYOTA WOULD LISTEN TO HER,
12:19:22 BUT IN FACT NO ONE AT f %WOULD LISTEN TO HER.
12:19:38 ARE YOU FEELING THE CONSUMER COMPLAINTS WERE ADEQUATELY
12:19:42 ADDRESSED OR SHOULD MORE CARE HAVE BEEN TAKEN AT THE TIME THE
12:19:44 COMPLAINT OCCURRED? I'M VERY CONFIDENT THAT THE
12:19:47 OFFICE OF DEFECT INVESTIGATIONS DID, WE EMPLOYED ONE OF OUR BEST
12:19:54 INVESTIGATORS. I'VE REVIEWED IT AND I BELIEVE
12:19:59 THAT EVERYTHING THAT SHOULD HAVE HAPPENED IN THAT INVESTIGATION
12:20:01 DID HAPPEN AND I'M VERY HAPPY WITH THE WORK.
12:20:02 AND THAT WAS THE WOULD, THAT OCCURRED RIGHT AFTER THE
12:20:05 INCIDENT. THAT IS CORRECT.
12:20:06 LET ME ASK YOU THIS. WHEN SECRETARY LaHOOD WAS HERE,
12:20:12 I HAD -- I HAVE A COPY OF THE PUBLICLY AVAILABLE REPORT ON A
12:20:22 LEXUS THAT WAS DAMAGED IN A CATASTROPHIC ACCIDENT IN SAN
12:20:28 DIEGO. THE MARK SAYLER ACCIDENT.
12:20:31 THERE'S A PORTION THAT'S REDACTED.
12:20:32 PARAGRAPH 5. I ASKED SECRETARY LaHOOD IF -- I
12:20:40 DON'T NEED A COPY IN MY HANDS BUT I WOULD LIKE TO LOOK AT THE
12:20:44 UNREDACTED REPORT. I'M WILLING TO COME DOWN TO THE
12:20:48 DEPARTMENT OF TRANSPORTATION OR YOUR AGENCY TO MAKE THAT REVIEW.
12:20:50 I UNDERSTAND THERE MAY BE SENSITIVE INFORMATION THAT THE
12:20:52 FAMILY WOULD NOT WANT OUT IN THE PUBLIC DOMAIN BUT I DO THINK
12:20:56 IT'S IMPORTANT THAT MEMBERS OF THIS COMMITTEE BE ABLE TO REVIEW
12:21:00 AN UNREDACTED REPORT OF THIS ACCIDENT.
12:21:03 WILL YOU HELP ME GET THAT INFORMATION THAT I'VE ASKED
12:21:07 SECRETARY LaHOOD TO PROVIDE TO ME AS A MEMBER OF THE COMMITTEE?
12:21:09 ABSOLUTELY. I WILL DEFINITELY REFER YOU TO
12:21:14 OUR CHIEF COUNSEL, KEVIN VINCENT.
12:21:19 ANYTHING AS LONG AS WE'RE DOING EVERYTHING WITHIN THE LAW IN THE
12:21:24 PROVISION OF INFORMATION TO THE CONGRESS I WILL HELP YOU.
12:21:28 I REMIND YOU WE HAVE SUBPOENA P
12:21:33 POWER, YES, SIR. MISS CHRISTIAN FOR QUESTIONS,
12:21:39 PLEASE. FYI IT'S, MR. CHAIRMAN.
12:21:42 MR. STRICKLAND, IN YOUR TESTIMONY, WE'VE HEARD IT FROM
12:21:47 SEVERAL MEMBERS THAT TOYOTA PAID $16,375,000 IN CIVIL PENALTIES.
12:21:57 THEY SAY THAT'S THE MAXIMUM PENALTY UNDER LAW.
12:21:59 DO YOU THINK THAT'S AN ADEQUATE CAP?
12:22:01 NO, MA'AM, I BELIEVE THAT THE SIZE OF THE REGULATED
12:22:16 M MANUFACTURES, I THINK A $16
12:22:19 MILLION FINE MAY NOT NECESSARILY GIVE THE CORRECT DETERRENT
12:22:22 EFFECT. I'VE TESTIFIED SEVERAL TIMES
12:22:24 THAT I BELIEVE THE CAP SHOULD BE SIGNIFICANTLY RAISED.
12:22:26 I KNOW IN THE MOTOR VEHICLE SAFETY ACT OF 2010 THE COMMITTEE
12:22:32 THOUGHT TO REMOVE THE CAP AND ALLOWED NHTSA THE DISCRETION TO
12:22:38 PROPERLY SIZE A PENALTY. I BELIEVE THAT'S THE CORRECT
12:22:42 APPROACH. THANK YOU.
12:22:43 YOU ALSO SAY IN YOUR TESTIMONY THAT YOU HAVEN'T F %a BASIS
12:22:47 FOR OPENING UP ANY NEW DEFECT INVESTIGATIONS ON UNINTENDED
12:22:54 ACCELERATION. WHAT IS A THRESHOLD?
12:22:59 WHAT WOULD TRIGGER A REOPENING OF THE INVESTIGATION?
12:23:01 WELL, THE TWO INVESTIGATIONS ARE ONGOING IN REGARDS TO TIME
12:23:05 LIMITS. SO WHAT WE'RE LOOKING FOR IS ANY
12:23:07 DOCK THE OR INDICATION THAT TOYOTA KNEW OF A DEFECT THAT
12:23:14 POSED AN UNREASONABLE EFFECT TO SAFETY.
12:23:16 IF THEY DID NOT INFORM NHTSA WITHIN FIVE DAYS THEY ARE IN
12:23:21 VIOLATION OF THE SAFETY ACT. WE ARE REVIEWING SEVERAL HUNDRED
12:23:24 THOUSAND DOCUMENTS IN THAT REGARD.
12:23:25 WHEN WE HAVE COMPLETED OUR REVIEW, IF WE HAVE MADE A
12:23:29 FINDING THAT THERE MAY BE AN ISSUE REGARDING A VIOLATION OF
12:23:33 THE TIMELINESS MANDATES OF THE ACT, WE WILL TAKE ACTION ONCE
12:23:37 AGAIN. BUT THAT IS -- WE HAVE MADE NO
12:23:39 CONCLUSIONS AS OF YET. THE WORK IS ONGOING.
12:23:41 THANK YOU. JUST ONE OTHER QUESTION.
12:23:45 AS I RECALL IN THE LAST HEARING, A LOT OF THE DECISIONS WERE
12:23:48 BEING MADE IN JAPAN AT TOYOTA IN JAPAN.
12:23:54 IN YOUR TESTIMONY YOU TALK ABOUT MEETING WITH THE COUNTERPARTS,
12:23:59 YOUR COUNTERPARTS IN THE JAPANESE GOVERNMENT.
12:24:01 SO HOW DO YOU -- HOW WOULD YOU ASSESS THEIR EFFECTIVENESS,
12:24:06 THEIR INDEPENDENCE, THEIR COMMITMENT TO STRONG OVERSIGHT.
12:24:12 THE ROAD TRANSPORT BUREAU AND THE JAPANESE MINISTRY OF LAND
12:24:17 INFRASTRUCTURE AND TRANSPORTATION IS A VERY
12:24:20 VIGOROUS AGENCY THAT HAS A VERY DIFFERENT APPROACH AND MANDATE
12:24:24 UNDER JAPANESE LAW. THEY ARE VERY COMMITTED TO
12:24:27 SAFETY. THEY DO HAVE A DIFFERENT
12:24:29 RELATIONSHIP WITH THE MANUFACTURERS, IT IS STAT TORELY
12:24:36 MORE COLLABORATIVE THAN HOW NHTSA'S IS IN THE UNITED STATES.
12:24:46 HOWEVER, THEY ARE GREAT PUBLIC SERVICE, GREAT ENGINEERS AND
12:24:50 THEY DO A SOLID JOB FOR THE JAPANESE PEOPLE IN TERMS OF
12:24:54 MAKING SURE THEY CREATE A SAFE ENVIRONMENT IN TERMS OF HANDLING
12:24:58 OF THEIR VEHICLES. BUT WE DO HAVE DIFFERENT
12:25:01 APPROACHES. BUT I HAVE EVERY CONFIDENCE THAT
12:25:02 OUR COUNTERPARTS ARE JUST AS INVOLVED AND JUST AS INTENT UPON
12:25:05 MAKING SURE THAT THE FLEET THAT TOYOTA PUTS ON THE ROAD IS SAFE.
12:25:09 THANK YOU. I DON'T HAVE ANY OTHER
12:25:10 QUESTIONS. THANK YOU.
12:25:17 MR. BURLY FOR QUESTIONS, PLEASE. THANK YOU, CHAIRMAN.
12:25:21 THANK YOU. IT'S BEEN A WHILE SINCE OUR
12:25:24 HEARING ON THIS TOPIC WHERE YOU TESTIFIED AND I WANT TO START
12:25:28 WITH A LITTLE HOUSE WORK. YES, SIR.
12:25:32 SINCE THAT LAST HEARING I'VE SENT YOU THREE REMEMBER LETTERS,
12:25:37 MARCH 1st, MAY 2nd AND MAY 14th REQUESTING INFORMATION ON
12:25:40 COMPLAINTS BY TOYOTA OWNERS WHO SAID THEY'D EXPERIENCED SUDDEN,
12:25:45 UNANTICIPATED ACCELERATION EVEN AFTER THEIR VEHICLES UNDERWENT
12:25:48 RECALL SERVICE TO MODIFY PEDALS AND REPLACE FLOOR MATS.
12:25:52 IN THOSE LETTERS I ALSO REQUESTED INFORMATION ABOUT THE
12:25:55 STEPS NHTSA WAS TAKING TO REVIEW TOYOTA ELECTRONICS AND ENSURE
12:26:02 EFFECTIVE REPAIRS IN ALL VEHICLES.
12:26:04 TO THIS DATE I HAVE YET TO RECEIVE A RESPONSE FROM YOU OR
12:26:07 YOUR DEPARTMENT. CAN YOU GIVE ME SOME INDICATION
12:26:09 AS TO WHEN I CAN EXPECT A RESPONSE TO THOSE INQUIRIES?
12:26:12 MONDAY OR TUESDAY. IF IT'S TUESDAY YOU'LL GET IT
12:26:15 VERY EARLY TUESDAY. MR. BRALYE, IT IS MY
12:26:21 RESPONSIBILITY TO MAKE SURE YOU, ANY MEMBER OF THE COMMITTEE OR
12:26:24 CONGRESS GETS A TIMELY RESPONSE. IT IS MY RESPONSIBILITY THAT IT
12:26:27 HAPPENS. I APOLOGIZE YOU HAVE NOT
12:26:29 RECEIVED THAT RESPONSE. I WILL MAKE SURE IT HAPPENS
12:26:31 IMMEDIATELY AND ON A FOREGOING BASIS THAT YOU GET A TIMELY
12:26:34 RESPONSE. THANK YOU.
12:26:35 I APPRECIATE THAT. DO YOU HAVE A SENSE AS YOU SIT
12:26:38 HERE TODAY HOW MANY REPORTS NHTSA HAS RECEIVED OF SUDDEN,
12:26:43 UNANTICIPATED ACCELERATION IN PREVIOUSLY-SERVICED TOYOTA
12:26:48 VEHICLES? I -- WE HAVE HAD A NUMBER OF
12:26:53 REPORTS, ESPECIALLY WITHIN, I GUESS WITHIN THE FEBRUARY/MARCH
12:26:57 TIME FRAME PERIOD AFTER REPAIRS WERE EXECUTED.
12:27:00 WE HAVE CONDUCTED NUMEROUS INTERVIEWS AND DONE FIELD
12:27:04 INVESTIGATIONS. I'LL DEFINITELY GET BACK TO YOU
12:27:05 ON THE RECORD WITH THE SPECIFIC NUMBER.
12:27:08 I DO KNOW FOR A FACT THAT THE NUMBER OF THOSE REMEDY REPAIRS
12:27:13 AND COMPLAINTS HAVE MARKEDLY DECREASED SINCE MARCH.
12:27:17 I KNOW THAT OUR STAFF HAS WORKED VERY CLOSELY WITH TOYOTA AND
12:27:21 INFORMED THEM OF OUR FINDINGS. THERE WERE SOME ISSUES WITH HOW
12:27:24 THE DEALERS WERE APPLYING REPAIRS AND I KNOW THAT TOYOTA
12:27:29 MADE UPON OUR REQUEST MADE SEVERAL MODIFICATIONS TO THE
12:27:32 INSTRUCTIONS TO THE DEALERS ON HOW THEY APPLY THE REMEDIES AND
12:27:36 WE HAVE SEEN A MARKET DECREASE IN THE ....TO MAKE SURE
12:27:42 THE REMEDY IS PROPERLY APPLIED AND ANY CONSUMER THAT IS STILL
12:27:46 HAVING ISSUES, THAT WE FOLLOW UP.
12:27:48 ARE THOSE COMPLAINTS ON PREVIOUSLY-SERVICED VEHICLES
12:27:53 BEING FORWARDED TO THE ENTITIES SUCH AS EXPONENT OR THE NASA
12:28:00 INVESTIGATORS WHO ARE LOOKING INTO THE POTENTIAL LINK BETWEEN
12:28:03 AN ELECTRONIC PROBLEM AND THE ISSUE OF SUDDEN ANTICIPATED
12:28:09 ACCELERATION? I CAN SPEAK TO EXPONENT
12:28:11 GETTING DIRECT ACCESS TO OUR WORK OR DATA UPON REQUEST.
12:28:14 I MEAN, THEIR POSITION IS ANY PRIVATE CITIZEN IN TERMS OF A
12:28:19 FULL REQUEST OR ANYTHING OF THAT NATURE WE ARE NOT COLLABORATING
12:28:21 WITH EXPONENT. NASA IS GETTING EVERYTHING THAT
12:28:25 WE HAVE IN REGARDS TO OUR WORK ON SUDDEN UNINTENDED EXCEL
12:28:29 RAILINGS, INCLUDING THOSE REMEDY REPAIR ISSUES AND IN ADDITION TO
12:28:32 ALL DOCUMENTS FROM TOYOTA. SO WE ARE -- NASA IS GETTING
12:28:36 THOSE DOCUMENTS. I DON'T KNOW IF EXPONENT HAS
12:28:38 MADE A REQUEST OF THAT. HAVE YOU BEEN PROVIDED WITH
12:28:41 COPIES OF THE MATERIALS THAT EXPONENT HAS SUBMITTED TO THE
12:28:45 COMMITTEE IN RESPONSE FOR REQUESTS FOR INFORMATION ABOUT
12:28:48 THEIR WORK PRODUCT IN CONNECTION WITH THIS INVESTIGATION?
12:28:51 I HAVE NOT, BUT I'VE BEEN MADE AWARE OF SOME OF THE
12:28:55 RESPONSES BY MY STAFF. WERE YOU AWARE THAT THE
12:28:58 COMMITTEE HAS BEEN PROVIDED WITH A REPORT FROM EXPONENT THAT IS
12:29:02 TITLED, EVALUATION OF GILBERT DEMONSTRATION?
12:29:05 YES, I'M AWARE OF IT, SIR. AND WE'VE ALSO BEEN PROVIDED
12:29:08 WITH A POWERPOINT PRESENTATION WITH A SIMILAR TITLE, EVALUATION
12:29:13 OF DR. GILBERT'S DEMONSTRATION? YES, SIR, I'M AWARE OF IT.
12:29:16 HAVE YOU SEEN ANY OTHER REPORTS IN EITHER A PRELIMINARY,
12:29:22 A DRAFT OR A FINAL FORM FROM EXPONENT DETAILING ITS WORK
12:29:28 ANALYZING THE POTENTIAL PROBLEM OF SUDDEN, UNANTICIPATED
12:29:33 ACCELERATION IN TOYOTA VEHICLES? NO, SIR, I HAVE NOT.
12:29:36 WERE YOU AWARE EXPONENT HAS WILLED APPROXIMATELY 11,000
12:29:41 HOURS OF WORK SINCE THE BEGINNING OF THIS WORK ON THIS
12:29:44 PARTICULAR INVESTIGATION? I WAS UNAWARE OF THAT BUT
12:29:47 THAT IS A SIGNIFICANT AMOUNT OF WORK.
12:29:49 AND BECAUSE IT IS A SIGNIFICANT AMOUNT OF WORK, DO YOU FIND6cv
12:29:53 AT ALL SURPRISING OR DISTURBING THAT THE DOCUMENTS WE HAVE
12:29:56 RECEIVED TODAY FROM EXPONENT ARE LIMITED SPECIFICALLY TO THE
12:30:00 TESTIMONY OF ONE WITNESS WHO TESTIFIED AT OUR PREVIOUS
12:30:04 HEARING ON FEBRUARY 23rd? THAT WOULD NOT BE NHTSA'S
12:30:09 APPROACH IF OUR WORK PLAN, WOULD BE INCREDIBLY DETAILED, EVERY
12:30:15 MINUTE OF WHAT WE DOMENT I WOULD IMAGINE THE COMMITTEE WOULD HAVE
12:30:18 THE SAME EXPECTATION OF EXPONE ENT.
12:30:20 THE FACT YOU DON'T HAVE IT, I IMAGINE IT BEING VERY TROUBLING
12:30:23 TO THE COMMITTEE. THANK YOU VERY MUCH.
12:30:24 I YIELD BACK. MR. WAXMAN FOR QUESTIONS
12:30:28 PLEASE, SIR. YES, MR. STRICKLAND, JUST
12:30:32 FOLLOWING UP ON THAT LINE OF QUESTIONING, DO YOU BELIEVE IT'S
12:30:35 POSSIBLE TO CONDUCT SOLID ENGINEERING WORK IF YOU DON'T
12:30:38 HAVE A WRITTEN PLAN FOR THE RESEARCH, YOU DON'T KEEP A
12:30:41 WRITTEN RECORD OF THE WORK, WHICH IS APPARENTLY THE
12:30:44 SITUATION WITH EXPONENT? IT WOULD BE MY EXPECTATION OF
12:30:51 NHTSA AND ENGINEERS THAT WE HAVE A PROPER FLOW PLAN AND ANALYSIS.
12:30:55 EVERYTHING SHOULD BE PROPERLY DOCUMENTED AND ALSO IN TERMS OF
12:30:58 OUR WORK WITH NASA, WE HAVE TO BE PREPARED FOR A PEER REVIEW TO
12:31:01 BE CONDUCTED BY OUR ) VOLPI CENR IN CAMBRIDGE, MASSACHUSETTS.
12:31:06 SO THAT WOULD BE AN INCREDIBLY DIFFERENT TACT, HOW WE WOULD
12:31:10 EXECUTE A RESEARCH PLAN. SO I WOULD SAY THAT THAT WOULD
12:31:13 NOT BE MY EXPECTATION IF I WAS DEALING WITH IT ON THE PRIVATE
12:31:17 SECTOR. WE'VE LEARNED THAT TOYOTA'S
12:31:20 DEFENSE COUNSEL CONTROLS EXPONENT'S WORK.
12:31:22 THEY REVIEW EVERYTHING THAT EXPONENT DOES AND THEY HAVE THE
12:31:26 RIGHT TO PREVENT EXPONENT FROM RELEASING UNFAVORABLE RESULTS.
12:31:30 DOES THIS CONCERN YOU, TOYOTA IS RELYING ON EXPONENT TO DO ITS
12:31:35 RESEARCH AND EXPONENT IS BEING DIRECTED BY TOYOTA'S DEFENSE
12:31:39 COUNSEL. IS THIS THE WAY YOU THINK AN
12:31:41 INVESTIGATION OUGHT TO BE HANDLED?
12:31:42 THERE'S TWO COMPONENTS, NOT TO SPEAK FOR TOYOTA, THEY CAN
12:31:46 CLEARLY SPEAK FOR THEMSELVES, BUT THERE IS, YOU KNOW,
12:31:51 PREPARATION FOR LITIGATION AND THEN THERE'S ALSO A SCIENTIFIC
12:31:55 INVESTIGATION INTO A CAUSE OF A PROBLEM.
12:31:57 AND THOSE COULD BE MUTUALLY EXCLUSIVE, PERHAPS EXPONENT MAY
12:32:01 BE DOING THAT ADDITIONAL WORK TO .....
12:32:04 QUESTION, BUT FROM WHAT I HAVE UNDERSTOOD, ALL THE WORK HAS
12:32:09 BEEN IN PREPARATION FOR LITIGATION, I WOULD SAY AT THIS
12:32:18 POINT THEY HAVE NOT FULFILLED AS PART OF THE, I GUESS, THE
12:32:21 SOLUTION IN TERMS OF TRYING TO FIND THE ANSWER FROM WHAT YOU'VE
12:32:25 JUST DESCRIBED. A VEHICLE SOFTWARE TECHNOLOGY
12:32:29 THAT MANY AUTO SAFETY EXPERTS SAY WOULD ADDRESS THE SUDDEN
12:32:33 UNINTENDED ACCELERATION. WITH BRAKE OVERRIDE IF THE
12:32:36 DRIVER APPLIES BOTH THE ACCELERATOR AND BRAKE AT THE
12:32:39 SAME TIME, IN MOST SITUATIONS THE CAR WILL DISREGARD THE
12:32:43 ACCELERATOR AND APPLY THE BRAKE. I UNDERSTAND NHTSA IS EVALUATING
12:32:49 THE BRAKE OVERRIDE TECHNOLOGY AND CONSIDERING UPDATING ITS
12:32:52 STANDARDS TO REQUIRE THE TECHNOLOGY IN ALL CARS.
12:32:54 DO YOU CONSIDER BRAKE OVERRIDE TO BE A SAFETY FEATURE?
12:32:58 WE BELIEVE AT NHTSA THAT SAFETY OF THE BRAKE OVERRIDE HAS
12:33:02 HUGE IMPLICATIONS FOR SAFETY. IT IS SOMETHING THAT WE BELIEVE
12:33:05 HAS GREAT PROMISE. WE'RE DOING OUR RESEARCH AND WE
12:33:09 DO ANTICIPATE THAT IT COULD HAVE A GREAT VALUE TO IMPLEMENTATION
12:33:15 OF THE FLEET BUT WE HAVE TO DO OUR WORK PRELIMINARY.
12:33:18 BUT YES, IT'S A SAFETY FEATURE. WE'VE BEEN TOLD THAT NHTSA
12:33:26 SUGGESTED TO TOYOTA THAT TOYOTA RETROFIT SOME OF ITS MODELS WITH
12:33:30 THIS BRAKE OVERRIDE. TOYOTA ADVISED THE COMMITTEE IT
12:33:33 HAS DECIDED TO MAKE BRAKE OVERRIDE A STANDARD FEATURE IN
12:33:36 ALL CARS FOR THE 2011 MODEL YEAR FORWARD.
12:33:41 TOYOTA ALSO TOLD US IT WILL UPGRADE THE SOFTWARE FROM
12:33:44 EARLIER MODELS DURING SERVICE FOR OTHER RECALLS.
12:33:47 MR. STRICKLAND, AFTER 2011 WHEN TOYOTA IS DONE WITH ITS
12:33:51 RETROFITTING, WILL THERE BE TOYOTAS ON THE ROAD THAT WILL
12:33:54 NOT HAVE THE BRAKE OVERRIDE? I WOULD IMAGINE FROM YOUR
12:33:57 ANSWER, SIR, NO THERE WILL BE SOME VEHICLE THAT'S WILL NOT
12:34:00 HAVE BRAKE OVERRIDE. DO YOU SUPPORT MAKING BRAKE
12:34:04 OVERRIDE A MANDATORY FEATURE FOR ALL CARS?
12:34:09 WE'RE BEGINNING OUR REEF SEARCH TO JUSTIFY SUCH A MOVE.
12:34:12 BUT IN THE PRELIMINARY FASHION, THE ONE GOAL WE WANT TO HAVE IS
12:34:15 THIS. ANY DRIVER THAT DEPRESSES THE
12:34:17 BRAKE SHOULD BE ABLE TO STOP THE CAR.
12:34:19 AND THAT -- WITH THAT GOAL WE BELIEVE IT HAS GREAT PROMISE.
12:34:23 WELL, TOYOTA'S REACHED A CONCLUSION THAT THEY WANT TO
12:34:27 HAVE THIS BRAKE OVERRIDE. THEY THINK IT'S IMPORTANT S
12:34:29 THERE ANY REASON WHY IF THEY'VE DECIDED A BRAKE OVERRIDE IS
12:34:32 IMPORTANT FOR THE FUTURE CARS AND SOME OF THE EXISTING CARS
12:34:36 THAT THEY WOULDN'T WANT TO MAKE BRAKE OVERRIDE AVAILABLE IN ALL
12:34:39 CARS THAT ARE COMPATIBLE WITH THIS FEATURE?
12:34:42 I'LL ASK THEM THAT MYSELF, BUT CAN YOU IMAGINE ANY REASON THEY
12:34:45 WOULD NOT WANT TO DO THAT? FROM A CONSUMER STANDPOINT, I
12:34:48 WOULD IMAGINE THAT EVERY DRIVER OF A TOYOTA THAT MAY HAVE AN
12:34:51 ISSUE REGARDING SUDDEN UNINTENDED ACCELERATION WOULD
12:34:54 LIKE TO HAVE THIS FEATURE ON THEIR CAR.
12:34:57 SPEAKING, JUST SPEAKING AS A CONSUMER, TOYOTA'S DECISION
12:34:59 MAKING IN TERMS OF HOW THEY IMPLEMENT IT IS AN ONGOING
12:35:04 QUESTION. BUT TO ANSWER YOUR QUESTION,
12:35:05 SIR, I BELIEVE IT WILL BE A POSITIVE MOVE FOR SAFETY AND FOR
12:35:08 THEIR OWN DRIVING PUBLIC. I LOOK FORWARD TO HEARING MR.
12:35:13 LENTZ'S EXPLANATION FOR WHY IT WON'T BE AVAILABLE IN ALL
12:35:15 TOYOTAS. BECAUSE I DON'T SEE A REASON TO
12:35:17 MAKE IT ALL AVAILABLE. MAKE IT AVAILABLE IN ALL THE
12:35:20 TOYOTAS. BUT WE'LL GET HIS RESPONSE TO
12:35:24 THAT. THANK YOU MR. CHAIRMAN.
12:35:29 THANK YOU. THANK YOU, MR. STRICKLAND.
12:35:31 TOYOTA RELIES ON TWO PRIMARY JUSTIFICATIONS FOR ITS ASSERTION
12:35:35 THAT ELECTRONICS PLAYS NO ROLE IN SUDDEN UNINTENDED
12:35:39 ACCELERATION. WE'VE ALREADY DISCUSSED ONE OF
12:35:41 THE SHORTCOMINGS, ONE OF THE JUSTIFICATIONS, THE WORK, THE
12:35:45 ENGINEERING FIRM EXPONENT HAS DONE FOR TOYOTA AND THE PROBLEMS
12:35:48 WITH THAT. THE OTHER JUSTIFICATION TOYOTA
12:35:51 RELIES ON IS THE PREMARKET TESTING THAT TOYOTA'S OWN
12:35:55 ENGINEERS DO BEFORE MANUFACTURING VEHICLES FOR SALE
12:35:56 TO THE PUBLIC. OUR COMMITTEE STAFF CONDUCTED A
12:36:03 TRANSCRIBED INTERVIEW AND TWO ENGINEERS IN JAPAN AND ASKED
12:36:06 THEM MULTIPLE QUESTIONS ABOUT THE TESTING CALLS.
12:36:09 WE LEARNED THIS PREMARKET TESTING HAS SIGNIFICANT
12:36:13 LIMITATIONS. TOYOTA ONLY CONDUCTS THIS TEST
12:36:15 DURING THE DESIGN PHASE OF THE VEHICLES.
12:36:16 AS ONE OF THE TOYOTA ENGINEERS WE INTERVIEWED TOLD THE
12:36:23 COMMITTEE, QUOTE, ONCE, QUOTE, MASS PRODUCTION IS INITIATED
12:36:26 THEN THAT MEANS THE DESIGN IS COMPLETED SO WE DON'T CONDUCT
12:36:30 ANYTHING ADDITIONAL, END QUOTE. SO MR. SCHICKLAND, IS THIS
12:36:35 PREMARKET TESTING STRIKE YOU AS ADEQUATE TO IDENTIFY THE CAUSE
12:36:40 OF UNINTENDED ACCELERATION? THERE'S TWO COMPONENTS THAT
12:36:46 NHTSA IS CONCERNED ABOUT. IT'S COMPLIANCE.
12:36:48 BEFORE A VEHICLE IS PUT INTO THE STREAM OF COMMERCE IT HAS TO BE
12:36:51 COMPLIANT WITH ALL THE FEDERAL MOTOR VEHICLE SAFETY STANDARDS.
12:36:54 THAT'S ONE SET OF ISSUES THAT HAS TO BE TAKEN CARE OF.
12:36:57 THE SECOND PART AFTER THE VEHICLE'S ON THE ROAD, WE WORRY
12:37:01 ABOUT ANY DEFECTS EXPOST. I UNDERSTAND WHAT YOU'RE
12:37:06 SAYING BUT NOW WE'RE TALKING ABOUT BEFORE.
12:37:08 BUT THIS IS BEFORE MASS PRODUCTION.
12:37:10 LET ME GO ON. TOYOTA ENGINEERS ALSO TOLD US
12:37:15 THAT TOYOTA DOES NOT PERFORM THESE DESIGN PHASE TESTS ON A
12:37:19 LARGE NUMBER OF VEHICLES AND AS A RESULT IT SAMPLES MAY NOT BE
12:37:24 REPRESENTATIVE ENOUGH TO TEST FOR THE RISK OF A RARE EVENT
12:37:27 SUCH AS A SUDDEN, UNINTENDED ACCELERATION.
12:37:30 SOME OF THE TESTS TOYOTA RELIED ON FOR ITS CLAIM THAT THE
12:37:33 ELECTRONIC SYSTEM HAD UNDERGONE, QUOTE, EXTENSIVE TESTING,
12:37:37 UNQUOTE, INVOLVES SAMPLE SIZES OF JUST ONE OR TWO VEHICLES.
12:37:43 SO, MR. STRICKLAND, DOES TOYOTA'S APPROACH STRIKE YOU AS
12:37:47 ADEQUATE? THE APPROACH, EVERY
12:37:50 MANUFACTURE HAS A DIFFERENT APPROACH.
12:37:52 THE ONLY THING WE'RE CONCERN THE ABOUT IS WHAT HAPPENS ON THE
12:37:55 ROAD. NO, I UNDERSTAND, BUT YOU
12:37:57 SAID THERE WAS A PREMARKET PHASE THAT YOU REQUIRED.
12:38:00 IS THE TEST OF ONE OR TWO CARS IN THE DESIGN PHASE, IN YOUR
12:38:06 VIEW, SUFFICIENT? I WOULD HAVE TO COMPARE THAT
12:38:10 WITH OTHER MANUFACTURES' TESTING PROTOCOLS AND I DON'T HAVE THAT
12:38:14 OFFHAND. BUT I WILL DEFINITELY GET BACK
12:38:15 TO YOU ON THE RECORD ABOUT IT. SUDDEN UNINTENDED
12:38:20 ACCELERATION OCCURS RARELY AND INTERMITTENT WILL HE -- I ASKED
12:38:24 YOU THAT. ONE OR TWO VEHICLES.
12:38:27 FURTHER MORE WE LEARNED FAIL SAFE MECHANISMS IN TOYOTA
12:38:29 VEHICLES ARE DESIGNED TO DETECT SINGLE POINT, SINGLE EVENT
12:38:33 FAULTS. IN OTHER WORDS, FAULT THAT'S
12:38:35 OCCUR IN ISOLATION AND EFFECT ONLY ONE VEHICLE COMPONENT.
12:38:38 TOYOTA'S TESTING OF CRITICAL COMPONENTS OF THE ELECTRONIC
12:38:42 THROTTLE CONTROL SYSTEM REFLECTS THIS FOCUS IN THAT THEY DO NOT
12:38:45 TEST FOR MULTIPLE EVENT OR MULTIPLE COMPONENT FAULTS.
12:38:49 NUMEROUS ACADEMICS AND INDEPENDENT EXPERTS TOLD
12:38:52 COMMITTEE STAFF THAT RARE MULTIPLE EVENT FAULTS COULD PLAY
12:38:55 A ROLE IN SUDDEN UNINTENDED ACCELERATION.
12:38:58 IT SEEMS TO ME THAT TOYOTA SHOULD TRY TO IDENTIFY ALL
12:39:02 POTENTIAL FAULTS, NOT JUST THE MOST FREQUENT ONES, AND DEVELOP
12:39:05 TESTS TO PREVENT THEM. SO, MR. STRICKLAND, DO YOU AGREE
12:39:09 TOYOTA SHOULD TAKE A COMPREHENSIVE APPROACH TO TEST
12:39:12 FOR POTENTIAL CAUSES OF SUDDEN UNINTENDED ACCELERATION?
12:39:16 THEY SHOULD TAKE A COMPREHENSIVE APPROACH.
12:39:20 NHTSA'S WORK WITH NASA WILL BE A MULTIPLE FAULT CAUSATION STUDY
12:39:25 WHICH TAKES INTO ACCOUNT POSSIBLE INTERVENING EVENTS
12:39:27 WHICH COULD CAUSE THIS. THAT IS OUR STUDY.
12:39:29 THAT IS OUR APPROACH. AND WE WOULD HAVE THE
12:39:31 EXPECTATION FROM OUR FINDING THAT'S IF WE DO FIND VEHICLE
12:39:34 DEFECT THAT THAT WILL BE PART OF OUR VEE PONS TO TOYOTA IF THAT'S
12:39:38 THE CASE. BUT NHTSA'S APPROACH IS A MULTI
12:39:42 CAUSAL ANALYSIS IN HOW WE CAN REPLICATE THAT FAULT.
12:39:44 BASED ON THE DISCRETION OF TOYOTA'S PREMARKET TESTING
12:39:48 YOU'VE HEARD TODAY, DO YOU BELIEVE TOYOTA'S PREMARKET
12:39:50 TESTING PROVIDES A SUFFICIENT BASIS TO CONCLUDE THAT THERE ARE
12:39:54 NO POTENTIAL ELECTRONIC CAUSES OF SUDDEN UNINTENDED
12:39:58 ACCELERATION? I DON'T THINK YOU CAN USE A
12:40:00 PREMARKET ANALYSIS AS A DETERMINATIVE FACTOR THAT THERE
12:40:03 IS NO PROBLEM. I THINK YOU HAVE TO NOT ONLY DO
12:40:05 PREMARKET TESTING, BUT YOU HAVE TO DO LONG-TERM, YOU KNOW, I
12:40:11 GUESS LONG-TERM STUDIES OF HOW YOUR VEHICLE REACTS IN THE REAL
12:40:16 WORLD AS A NUMBER OF MANUFACTURERS DO.
12:40:19 SO I DON'T THINK THAT NHTSA WOULD SAY A PREMARKET TEST
12:40:23 VALIDATES A LOCK TERM ANSWER OF THE POSSIBILITY OF THERE BEING A
12:40:27 FAILURE. WELL I'M CONCERNED ABOUT THE
12:40:28 PREMARKET TESTING ITSELF, AND IT SEEMS TOYOTA'S IS NOT AN
12:40:33 ADEQUATE SUBS TUTD FOR THOROUGH TESTING NEEDED TO IDENTIFY
12:40:37 POTENTIAL DEFECTS AFTER MANUFACTURING IS COMPLETE, AND
12:40:39 IT'S TIME FOR TOYOTA TO STOP MAKING PUBLIC ASSURANCES ABOUT
12:40:42 THE INFALLIBILITY OF THEIR ELECTRONIC SYSTEMS WHEN THEY
12:40:46 DON'T HAVE COMPREHENSIVE TESTING TO BACK IT UP.
12:40:48 THANK YOU, MR. CHAIRMAN. THANK YOU.
12:40:56 M IN RESPONSE TO SOME OF THE
12:40:58 QUESTIONS FROM MR. BURGESS AND CHAIRMAN WAXMAN, A COUPLE
12:41:02 QUESTIONS. FIRST ONE IS A LETTER DATED
12:41:05 FEBRUARY 22nd, 2010, SENT TO SECRETARY LaHOOD BY MYSELF AND
12:41:11 MR. WAXMAN. AND ON PAGE FOUR, SUB PART B
12:41:16 ASKS THAT NHTSA REOPEN ITS INVESTIGATION OF P.E., THAT'S
12:41:26 PRELIMINARY EXAMINATION 0421 WHICH HAD 37 CONSUMER COMPLAINTS
12:41:30 ON SUDDEN, UNINTENDED ACCELERATIONS IN THE CAMRY,
12:41:37 2002, 2003 CAMRY, SOLARA AND LEXUS.
12:41:42 WE'VE YET TO HAVE A RESPONSE. ARE YOU GOING TO REOPEN THAT
12:41:44 INVESTIGATION AS REQUESTED? THE UNIVERSE OF TEST VEHICLES
12:41:50 ASSUMES THESE, ALL OF THESE PARTS THAT YOU ASKED FOR, SO IN
12:41:53 TERMS OF A DEFECT INVESTIGATION THAT'S PART OF THE NASA STUDY
12:41:58 THAT'S ONGOING, THAT WILL HAVE DONE IN THE -- BY THE END OF THE
12:42:02 SUMMER. SO TO ANSWER -- THE SHORT ANSWER
12:42:04 TO YOUR QUESTION IS WE ARE RE-EVALUATING ALL THIS WORK IN
12:42:07 LIGHT OF THE NASA STUDY. IN ADDITION TO, THAT'S GOING TO
12:42:10 BE INCLUDED IN THE NAS STUDY BUT WE'LL DEFINITELY GET BACK TO YOU
12:42:14 ON THE RECORD IN DIRECT RESPONSE TO SUB PART B.
12:42:16 WELL, IN LOOKING AT THAT AND IN RESPONSE TO MR. WAXMAN'S
12:42:20 QUESTIONS, YOU SAID THIS BRAKE OVERRIDE SYSTEM IS A HUGE SIFT
12:42:24 ISSUE. WHY WOULDN'T NHTSA REQUIRE
12:42:26 TOYOTA THEN TO HAVE THE BRAKE OVERRIDE SYSTEM IN 2002 AND 2003
12:42:32 LEXUS ES300s, THE TOYOTA CAMERA AND THE TOYOTA CAMERA SOLERA
12:42:39 FROM 2002, 2003 SINCE WE HAD 37 CONSUMER COMPLAINTS AND WE'VE
12:42:42 ASKED THAT IT BE REINVESTIGATED? WHY WOULDN'T YOU REQUIRE THE
12:42:45 BRAKE OVERRIDE SYSTEM BE PUT IN ALL VEHICLES OR TOYOTA MODELS OF
12:42:53 VEHICLES THAT HAD THIS SUDDEN UNEXPLAINED ACCELERATION.
12:42:56 IT IS STILL AN ONGOING INVESTIGATION, MR. STUPAK.
12:43:04 IF IT IS FOUND THAT THAT IS PART OF THAT, WE WOULD ASK FOR A
12:43:07 REMEDY AND THAT BRAKE OVERRIDE COULD BE A MANDATED PART OF THAT
12:43:10 REMEDY. BECAUSE IT IS AN INVESTIGATION,
12:43:12 IT IS ONGOING, WHICH IS INCLUSIVE AND THE KEY TO THE IN
12:43:15 AS THAT STUDY WE ARE NOT IN POSITION TO --
12:43:17 WELL. -- MAKE THAT DEMAND AT THIS
12:43:19 TIME. IF TOYOTA IS PUTTING IT IN
12:43:22 SOME OF THE VEHICLES NOW, BE IN ALL VEHICLES IN 2011, THEN BY
12:43:26 PUTTING IT IN CERTAIN VEHICLES NOW, IS THAT ADMISSION, THEN,
12:43:30 THAT YOU HAVE A DEFECT IN THOSE MODELS AND THAT'S WHY YOU'VE GOT
12:43:35 TO PUT IN THIS BRAKE OVERRIDE? THAT ISN'T ADMISSION, YOU CAN
12:43:43 ASK MR. LENS THOSE QUESTIONS. BUT FROM NHTSA'S PERSPECTIVE, WE
12:43:48 CAN ONLY FORCE MANTDTORY RECALL IF THERE IS A DEFECT WE CAN
12:43:50 PROVE IN COURT AND WE HAVEN'T BEEN ABLE TO DO THAT YET.
12:43:53 BUT THE FACT THAT TOYOTA FEELS THEY NEED TO INSTALL THIS IN
12:43:56 SOME VEHICLES MAY BE INDICATIVE OF WHAT THEY FEEL WOULD BE A
12:43:59 PROPER SOLUTION UNTIL THEY CAN COME TO THEIR OWN ANSWERS.
12:44:02 ALL RIGHT. I GUESS I'LL SAVE THOSE
12:44:04 QUESTIONS FOR MR. LENTZ. LET ME ASK YOU THE OTHER
12:44:07 DOCUMENT I PUT BEFORE YOU. IT'S DATED 5/2/2007, IT'S A
12:44:15 MEMORANDUM FROM SCOTT YAWN, THIS IS ON THE SMITH VEHICLE THAT MR.
12:44:21 BURGESS HAD ASKED ABOUT. IN THE LAST PARAGRAPH, FIRST
12:44:25 LINE IT SAYS DISCOLORATION RUST AND SURFACE DAMAGE TO BRAKE
12:44:29 ROTORS IS VISIBLE THROUGH ALL FOUR WHEEL AP TOURS.
12:44:32 IF YOU GO ON THE NEXT PAGE, SECOND PARAGRAPH, LOWER PART OF
12:44:36 THAT PARAGRAPH, IT INDICATES A BRAKE COMPONENTS EXHIBIT WEAR
12:44:41 AND DAMAGE INCONSISTENT WITH NORMAL OPERATION AND
12:44:44 INCONSISTENT WITH THE INDICATED VEHICLE MILEAGE.
12:44:45 THEN THEY HAVE A NUMBER OF PHOTOGRAPHS WHICH SHOW THE
12:44:50 DAMAGE, SHOWING BRAKE TEMPERATURE SHOWS THE BRAKES
12:44:53 BEING APPLIED WHILE THE VEHICLE IS MOVING AT SPEED.
12:44:56 SO THE SMITH VEHICLE, MAYBE EVERY TIME YOU TURN THE KEY YOU
12:45:00 DON'T FIND A SUDDEN UNINTENDED ACCELERATION, OBVIOUSLY THERE IS
12:45:03 DAMAGE THERE OUTSIDE THE NORMAL WEAR AND TEAR ON A VEHICLE OF
12:45:06 THIS AGE S THAT CORRECT? YES, SIR, THAT'S CORRECT.
12:45:09 AND YOU'VE NEVER FOUND ANY VEHICLES THAT'S BEEN CONSIDERED
12:45:13 TO HAVE SUA, SUDDEN UNINTENDED ACCELERATION, YOU HAVEN'T BEEN
12:45:17 ABLE TO TURN THE KEYS, YOU SAID YOU HAD 20 MODELS AND YOU
12:45:20 HAVEN'T FOUND THIS SUDDEN UNINTENTED ACCELERATION?
12:45:25 WE HAVEN'T HAD AN EVENT WHERE THE ENGINEER TURNED ON THE CAR,
12:45:28 WAS ABLE TO REPLICATE THE FAULT BECAUSE OF SOMETHING OUTSIDE THE
12:45:34 PARAMETERS OF A FLOOR MAT ENTRAPMENT ISSUE.
12:45:36 AND WE DON'T KNOW WHEN THAT OCCURS, THAT'S WHY WE GIVE IT
12:45:39 THIS NAME, SUDDEN UNINTENDED ACCELERATION.
12:45:43 WE HAVE TO CATEGORIZE ALL THOSE EVENTS.
12:45:45 THERE COULD BE MULTIPLE CAUSES FOR THAT.
12:45:48 THAT'S THE REASON WE'RE HAVING OUR LONG-TERM INVESTIGATION FOR
12:45:50 THE NATIONAL ACADEMY OF SCIENCES AND HAVING NASA SPECIFICALLY
12:45:53 LOOK AT TOYOTA'S ELECTRONIC THROTTLE CONTROL SYSTEM FOR THE
12:45:58 STUDY THAT WE'RE HOPING TO FINISH AT THE END OF THE SUMMER.
12:46:01 MY TIME IS UP. MR. BURGESS FOR QUESTIONS?
12:46:03 THANK YOU, MR. CHAIRMAN. ON THE -- MR. STRICKLAND, ON THE
12:46:11 ORDER OF THE BRAKE OVERRIDE THAT NOW IS RECEIVING SO MUCH
12:46:13 ATTENTION, YOU MENTIONED, I THINK, THAT INSTALLING IT, THE
12:46:20 BRAKE OVERRIDE IN TOYOTAS WOULD BE A POSITIVE MOVE, IS THAT
12:46:24 CORRECTLY STATE YOUR FEELINGS? YES, SIR, I THINK THAT WOULD
12:46:27 BE A VERY POSITIVE MOVE. WHAT OTHER MANUFACTURES HAVE
12:46:31 INSTALLED A BRAKE OVERRIDE SYSTEM ON THEIR CARS?
12:46:35 THERE ARE SEVERAL MANUFACTURES THAT HAVE BRAKE
12:46:38 OVERRIDE SYSTEMS. ARE THERE SOME THAT DON'T.
12:46:40 THAT ARE SOME THAT DON'T. WHY IS THAT NOT A REQUIREMENT
12:46:44 IF YOU THINK IT WOULD BE A GOOD MOVE FOR TOYOTA WOULD IT BE A
12:46:47 GOOD MOVE FOR OTHER MANUFACTURERS?
12:46:48 WE HAVE BRAKE OVERRIDE HAS TREMENDOUS PROMISE WHICH IS THE
12:46:53 REASON WE'RE TAKING OUR PRELIMINARY RESEARCH FOR
12:46:54 POSSIBLE RULE MAKING IN FIRMS OF DEALING WITH THIS ISSUE, I GUESS
12:46:59 ACROSS THE REST OF THE FLEET, THAT'S GOING TO BE PART OF A
12:47:01 STUDY AND PART OF THE ONE OF THE ANSWERS WILL BE POSSIBLE
12:47:05 LONG-TERM SOLUTIONS, EITHER FROM THE NATIONAL ACADEMY OF
12:47:08 SCIENCES, WHICH MAY INCLUDE. ROUGH NUMBERS, WHAT
12:47:10 PERCENTAGE OF THE FLEET HAS THE BRAKE OVERRIDE RIGHT NOW?
12:47:12 THAT I'M NOT SUREMENT I'LL HAVE TO GET BACK TO YOU ON THE
12:47:15 RECORD FOR THAT. WHY ISN'T IT MORE WIDELY
12:47:18 USED? WHAT ARE THE BARRIERS TO THE
12:47:21 IMPLEMENTATION? THERE'S DIFFERENT SYSTEMS IN
12:47:23 TERMS OF HOW THE BRAKE AND THE ACCELERATOR WORK IN TERMS OF
12:47:26 THEIR SOFTWARE CONFIGURATION, THEIR MECHANICAL LINKAGES.
12:47:30 I'M SURE EVERY MANUFACTURER HAS DIFFERENT STRATEGIES IN
12:47:33 MANUFACTURING AND CONSTRUCTION WHICH MAY LEAD TO DIFFERENT
12:47:36 DECISIONS. IF YOU'RE THINKING ABOUT RULE
12:47:38 MAKING, THEN PRESUMABLY YOU'RE LOOKING AT CARS WITH ELECTRONIC
12:47:42 THROTTLE CONTROL WOULD HAVE A REQUIREMENT FOR A BRAKE OVERRIDE
12:47:45 SYSTEM. SO THAT IF THE BRAKE IS APPLIED,
12:47:48 THE THROTTLE, THE DEFAULT IS FOR THE THROTTLE TO STOP ACTION.
12:47:52 YES, SIR, WE'RE ABSOLUTELY LOOKING AT THAT.
12:47:54 SO IF THAT'S GOOD FOR TOYOTA, THEN IT'S GOOD FOR X-% OF THE
12:48:00 FLEET THAT DOES NOT HAVE THE BRAKE OVERRIDE SYSTEM.
12:48:04 THE SAFETY OF THE ENTIRE FLEET, NOT ONE MANUFACTURER.
12:48:06 WHEN WE HAD THE OTHER HEARING, AND I DON'T HAVE THE
12:48:09 INFORMATION IN FRONT OF ME TODAY, BUT IT WAS A LIST RATED,
12:48:12 A NUMERICAL LIST OF COMPLAINTS RECEIVED BY THE -- YOUR AGENCY
12:48:17 ABOUT CARS, AND TOYOTA SHOWED UP ON THE LIST, BUT THEY WERE, I
12:48:22 DON'T REMEMBER, 16, 17, 18 ON THE LIST.
12:48:24 THAT MEANS THERE WERE 16 OTHER CAR MANUFACTURERS WHERE THE CARS
12:48:27 HAD MORE COMPLAINTS. THAN TOYOTA.
12:48:31 AND YET HERE WE ARE INVOLVED IN A SERIES OF HEARINGS OVER
12:48:34 TOYOTA. HAVE YOU LOOKED AT THE CARS IN
12:48:36 THE COMPLAINTS THAT SCORED HIGHER THAN TOYOTA OR WORSE THAN
12:48:40 TOYOTA, IF YOU WILL, ON THAT LIST?
12:48:42 AND ARE WE -- ARE WE ACTIVELY PURSUING THE COMPLAINTS THAT
12:48:48 CAME INTO NHTSA FOR THOSE VEHICLES AS WELL?
12:48:53 NHTSA LOOKS ACROSS ALL MANUFACTURERS IN TERMS OF HOW
12:48:56 THE FOCUS ON TOYOTA, THERE WAS CLEARLY AN ANOMALY IN THE
12:49:00 ACCELERATION EVENTS DURING THE PERIOD THAT WE'RE TALKING ABOUT,
12:49:02 WHICH IS THE REASON WHY NHTSA HAS OPENED, YOU KNOW, UP UNTIL
12:49:05 THIS POINT WE HAD, I BELIEVE WE OPENED EIGHT INVESTIGATIONS INTO
12:49:10 THIS ISSUE PRIOR TO THE SANTY CRASH.
12:49:15 SO WE HAVE TAKEN A LOOK -- WE'VE ET TREATED TOYOTA AS WE WOULD
12:49:19 ANY MANUFACTURER. YES, THERE ARE OTHER
12:49:21 MANUFACTURERS WITH SIMILAR COMPLAINTS, MORE COMPLAINTS.
12:49:24 WE LOOK AT THEM JUST AS VIGOROUSLY AS WE DO TOYOTA.
12:49:28 IT'S JUST THAT IN TERMS OF THE ACTUAL PROFILE AND IN TERMS OF
12:49:32 TREND ANALYSIS, TOYOTA IN THIS AREA DID HAVE A HIGHER TENDENCY
12:49:36 TOWARD THE LATER YEARS OF THE CAMRY AFTER 2002.
12:49:39 AND WAS THAT ALL RELATED TO CONTROL? AT HAD THE ELECTRONIC0
12:49:43 YES, SIR. LET ME ASK YOU THIS.
12:49:45 LET'S TALK ABOUT NASA FOR A MINUTE BEFORE I RUN OUT OF TIME.
12:49:49 YOU REFERRED TO THE RESEARCH PLAN.
12:49:55 HAS -- HAVE YOU SUBMITTED A RESEARCH PLAN TO -- FOR NASA'S ?
12:50:00 WE WILL BE MEETING WITH NASA NEXT WEEK.
12:50:04 THEY HAVE REQUIRED A HUGE AMOUNT OF WORK FOR THE TOYOTA SOURCE
12:50:09 CODE. THERE WERE ISSUES TO OVERCOME.
12:50:11 THERE ARE A TREMENDOUS AMOUNT OF DOCUMENTS NASA HAD TO RECEIVE IN
12:50:15 ADDITION TO OUR AUTOMOTIVE EXPERTS WORKING WITH NASA.
12:50:19 SO OUR HOPE IS TO HAVE A TEST PLAN DONE FAIRLY SOON AND
12:50:23 HOPEFULLY ONCE WE GET THAT FINALIZED WE'LL SUBMIT IT TO THE
12:50:29 VOLPE CENTER FOR PEER REVIEW. WE HAVE NOT FINISHED YET.
12:50:32 SO YOU WILL SUBMIT THIS ANALYSIS ALSO FOR EVALUATION
12:50:36 FROM THE COMMITTEE WHEN YOU HAVE IT IN HAND?
12:50:39 ABSOLUTELY. THE TIMELINE ON THE NASA REVIEW
12:50:42 IS FOR IT TO BE COMPLETED BY THE END OF AUGUST?
12:50:45 THAT IS OUR HOPE. YOU DON'T HAVE A PLAN YET,
12:50:49 BUT WE'RE GOING TO GET ONE. IS THAT CORRECT?
12:50:52 YES. YOU WILL GET THAT.
12:50:54 WHAT IF WE GET TO THE END OF AUGUST AND WE HAVEN'T GOTTEN
12:50:59 THERE? WELL, WE HAVE A TIMELINE AND
12:51:01 A GOAL TO MAKE SURE WE HAVE RESULTS, BUT THE PRIMARY
12:51:05 OBJECTIVE IS TO MAKE SURE WE GET IT RIGHT.
12:51:09 THERE ARE ISSUES THAT MAY TAKE MORE TIME.
12:51:11 WE'LL UPDATE THE COMMITTEE ABOUT THE ISSUES AS THEY ARISE.
12:51:14 OUR HOPE IS TO BE DONE BY THE END OF THE SUMMER.
12:51:18 DO YOU HAVE ENOUGH FUNDING TO DO WHAT YOU NEED TO DO?
12:51:21 WE HAVE NOT DONE A BUDGET THIS YEAR AND WON'T DO APPROPRIATIONS
12:51:24 UNTIL LATE IN THE YEAR. CAN YOU PAY FOR THE THINGS YOU
12:51:26 NEED TO DO TO GET THIS INFORMATION?
12:51:28 AT THE TIME WE ARE PROPERLY RESOURCED NOW.
12:51:32 IF THERE ARE ANY RESOURCE ISSUES THAT CONFRONT US, WE'LL COME
12:51:35 BACK AND INFORM THE CONGRESS. LET THE RECORD SHOW NHTSA IS
12:51:39 AWASH IN CASH AND NEEDS NO MORE MONEY.
12:51:41 I THINK THAT'S WHAT HE SAID. [ LAUGHTER ]
12:51:45 THANK YOU FOR THE IMPLICATION.
12:51:48 ANY QUESTIONS? ADMINISTRATOR STRICKLAND, ONE
12:51:58 THING I'M CURIOUS ABOUT IS THE WORK THAT YOUR AGENCY IS DOING
12:52:02 LOOKING AT OTHER TYPES OF ANALYSIS THAT ARE BEING DONE BY
12:52:07 MANUFACTURERS IN OTHER PARTS OF THE WORLD LOOKING INTO THE
12:52:11 PROBLEM OF EVALUATING ELECTRONIC THROTTLE CONTROL SYSTEMS.
12:52:14 ARE YOU AWARE OF ANY OF THE WORK BEING DONE BY THE EUROPEAN
12:52:20 MANUFACTURERS IN TERMS OF EDUCATION AND TRAINING TO
12:52:23 ANALYZE POTENTIAL PROBLEMS WITH THOSE SYSTEMS?
12:52:26 I AM NOT, BUT I AM CERTAIN THAT MY STAFF IS.
12:52:30 MORE THAN HAPPY TO HAVE THEM COME AND SPEAK TO YOU AND YOUR
12:52:34 STAFF AND GET BACK TO YOU ON ANY QUESTIONS REGARDING THE
12:52:37 DIFFERENCES IN APPROACHES BETWEEN THE EUROPEAN UNION, THE
12:52:41 JAPANESE OR ANY OTHER MANUFACTURER.
12:52:44 I WOULD BE HAPPY TO DO THAT AND WOULD ENCURRENTLY YOUR STAFF
12:52:47 AS PART OF ITS WORK ON THE INVESTIGATION OF THE SPECIFIC
12:52:50 PROBLEM TO LOOK AT WHAT'S HAPPENING WITH THOSE OTHER
12:52:53 MANUFACTURERS, WHAT LESSONS THEY HAVE LEARNED AND WHAT THEIR
12:52:57 SAFETY RECORD IS ON THE ISSUE OF SUDDEN, UNINTENDED ACCELERATION
12:53:02 AFTER THE PROGRAMS HAVE BEEN IMPLEMENTED.
12:53:05 ABSOLUTELY. ONE OF THE OTHER QUESTIONS I
12:53:07 WANTED TO ASK YOU ABOUT IS THROUGHOUT THIS PROCESS, TOYOTA
12:53:14 HAS REPRESENTED TO THE COMMITTEE THAT IT RETAINED EXPONENT TO
12:53:20 CONDUCT AN INDEPENDENT INVESTIGATION OF THE UNDERLYING
12:53:22 CAUSES RELATED TO THESE PROBLEMS WITH SUDDEN UNINTENDED
12:53:27 ACCELERATION. YOU HAVE BEEN HERE WHEN WE'VE
12:53:29 TALKED ABOUT THAT. YES, SIR.
12:53:31 THEY HAVE MADE SIMILAR REPRESENTATIONS TO YOU.
12:53:33 THAT'S CORRECT. NOW THE COMPANY THEY RETAINED
12:53:38 TO DO THAT ANALYSIS, EXPONENT, DO YOU KNOW ABOUT THEM AND WHAT
12:53:42 THEY DO? I AM FAIRLY FAMILIAR WITH THE
12:53:44 COMPANY AND ITS PRIOR NAME AND THE ISSUES THAT IT'S WORKED ON
12:53:48 OVER THE YEARS. ITS PRIOR NAME BEING FAILURE
12:53:51 ANALYSIS ASSOCIATES? THAT'S CORRECT.
12:53:53 ARE YOU AWARE OF ANY INSTANCE WHERE FAILURE ANALYSIS
12:53:56 ASSOCIATES OR EXPONENT HAS BEEN RETAINED TO DO AP INDEPENDENT
12:54:04 ANALYSIS ON BEHALF OF A CONSUMER WHO WAS INJURED IN A DEFECTIVE
12:54:10 AUTOMOBILE? MY RECOLLECTION OF EXPONENT
12:54:12 OR FAILURE ANALYSIS PROBABLY GOES BACK TO 1993.
12:54:16 SO THAT'S THE WINDOW THAT I HAVE KNOWLEDGE OF.
12:54:21 I AM NOT AWARE OF THEM DOING WORK FOR A VICTIM OR CONSUMER OF
12:54:27 A PRODUCT. THAT'S ALL THE QUESTIONS I
12:54:28 HAVE. THAT CONCLUDES THE QUESTIONS
12:54:30 FOR THIS WITNESS. ADMINISTRATOR, THANK YOU.
12:54:32 FOR THE RECORD, I WOULD LIKE TO ENTER INTO THE RECORD THE TWO
12:54:36 DOCUMENTS I PRESENTED TO THE ADMINISTRATOR ON QUESTIONS OF
12:54:39 FEBRUARY 22, 2010, A LETTER FROM CHAIRMAN WAXMAN AND MYSELF TO
12:54:47 SECRETARY LA HOOD AND THE MEMORANDUM DATED MAY 7, 2007
12:54:51 CONCERNING THE SMITH VEHICLE. WITHOUT OBJECTION THEY WILL BE
12:54:55 ENTERED INTO THE RECORD. THANK YOU FOR BEING HERE.
12:54:57 THANK YOU VERY MUCH, MR. CHAIRMAN.
12:55:30 THANK YOU FOR BEING HERE. YOU'RE ON OUR SECOND PANEL.
12:55:34 WE HAVE JAMES E.LINTZ, PRESIDENT AND CHIEF OPERATING OFFICER OF
12:55:38 TOYOTA MOTOR SALES USA INCORPORATED.
12:55:41 IT IS THE POLICY OF THIS SUBCOMMITTEE TO TAKE ALL
12:55:43 TESTIMONY UNDER OATH. PLEASE BE ADVISED THAT YOU HAVE
12:55:45 THE RIGHT UNDER THE RULES OF THE HOUSE TO BE ADVISE BID COUNSEL
12:55:49 DURING YOUR TESTIMONY. DO YOU WISH TO BE REPRESENT BID
12:55:52 COUNSEL? YES.
12:55:54 TED HESTER IS BEHIND ME. YOU MAY CONSULT WITH HIM AT
12:55:59 THE APPROPRIATE TIME. THANK YOU.
12:56:02 PLEASE RAISE YOUR RIGHT HAND AND TAKE THE OATH.
12:56:06 DO YOU SWEAR OR AFFIRM THE TESTIMONY YOU'RE ABOUT TO GIVE
12:56:09 TO BE THE TRUTH, THE WHOLE TRUTH AND NOTHING BUT THE TRUTH IN THE
12:56:12 MATTER PENDING BEFORE THIS COMMITTEE?
12:56:17 I DO.
12:56:19 THE WITNESS IS NOW UNDER OATH.
12:56:21 IF YOU WOULD LIKE TO BEGIN WITH AN OPENING STATEMENT, FIVE
12:56:24 MINUTES. IF YOU HAVE A LONGER STATEMENT
12:56:26 WE'LL SUBMIT IT FOR THE RECORD. THANK YOU, CHAIRMAN STU PACK,
12:56:31 MEMBERS OF THE SUBCOMMITTEE. THANK YOU FOR INVIING ME HERE
12:56:35 TODAY. I AM THE PRESIDENT AND CHIEF
12:56:37 OPERATING OFFICER OF TOYOTA MOTOR SALES USA.
12:56:40 I'M HONORED TO RETURN HERE TO REPRESENT THE 30,000 AMERICANS
12:56:49 THOUSANDS MORE FROM THOSE WHO BRING GREAT DEDICATION AND
12:56:53 SPIRIT TO THEIR JOBS EACH AND EVERY DAY.
12:56:56 THREE WEEKS AGO I SAID TOYOTA IS COMMITTED TO STRENGTHENING FOCUS
12:57:00 ON SAFETY AND QUALITY ASSURANCE, IN COMMUNICATING EFFECTIVELY
12:57:03 WITH CUSTOMERS AND REGULATORS. IN SUBSEQUENT HEARINGS FOUR OF
12:57:08 MY SENIOR COLLEAGUES FROM THE U.S. AND JAPAN INCLUDING OUR
12:57:12 PRESIDENT AKIO TOYODA ALSO PREJUDICED TO IMPROVE
12:57:20 RESPONSIVENESS ON SAFETY ISSUES. THERE IS SUBSTANTIAL PROGRESS IN
12:57:23 MONITORING THE COMMITMENTS. WE ARE TAKING MAJOR STEPS TO
12:57:27 BECOME A MORE RESPONSIVE SAFETY FOCUSED ORGANIZATION, LISTENING
12:57:32 CLOSELY TO OUR CUSTOMERS RESPONDING MORE LIKELY TO THEIR
12:57:35 CONCERNS AND THOSE OF OUR REGULATORS AND TAKING ACTIONS TO
12:57:41 ENSURE THEY ARE AMONG THE INDUSTRY LEADERS IN SAFETY.
12:57:45 MR. TOYODA HAS MADE IMPROVING QUALITY ASSURANCE HIS PRIORITY.
12:57:49 OUR COMPANY IS MOBILIZED TO ENSURE THAT TOYOTA VEHICLES ARE
12:57:52 SAFE AND RELIABLE FOR OUR CUSTOMERS.
12:57:55 NOT ONLY WHEN THEY ARE FIRST SOLD AND LEASED BUT AS THEY ARE
12:57:57 ON THE ROAD FOR YEARS TO COME. UNDER HIS PERSONAL LEADERSHIP WE
12:58:01 HAVE UNDERTAKEN A TOP TO BOTTOM REVIEW OF OUR QUALITY ASSURANCE
12:58:05 PROCESS IN ALL ASPECTS OF GLOBAL OPERATIONS.
12:58:09 TOYOTA HAS APPOINTED A NEW CHIEF QUALITY OFFICER FOR NORTH
12:58:13 AMERICA. A U.S. EXECUTIVE WITH MORE THAN
12:58:15 THREE DECADES OF MANUFACTURING EXPERTISE TO ACT AS THE VOICE OF
12:58:20 THE CUSTOMER IN THIS REGION. NORTH AMERICA NOW HAS A GREATER
12:58:25 SAY ON RECALLS AND OTHER SAFETY ISSUES THAT AFFECT VEHICLES SOLD
12:58:29 IN THE UNITED STATES. IN FACT, THE CHIEF QUALITY
12:58:31 OFFICER HAS A DIRECT LINE TO MR. TOYODA WHEN IT COMES TO ENSURING
12:58:37 OUR CUSTOMERS' SAFETY. THESE CHANGES ARE HAVING A REAL
12:58:40 IMPACT AS REFLECTED IN THE SPEED AND DECISIVENESS OF OUR RESPONSE
12:58:45 LAST MONTH WHEN CONSUMER REPORTS IDENTIFIED A POTENTIAL SOFTWARE
12:58:49 ISSUE WITH THE VEHICLE STABILITY CONTROL IN THE 2010 LEXUS
12:58:55 GX-460. IN ADDITION, OUR SMART
12:58:58 EVALUATION PROCESS HAS SIGNIFICANTLY IMPROVED THE SPEED
12:59:01 OF OUR RESPONSE TO CUSTOMER RE
12:59:55 ADVANCED SAFETY TECHNOLOGIES INCLUDING THE STAR SAFETY
12:59:57 SYSTEM, BRAKE OVERRIDE AND IMPROVED EVENT DATA RECORDERS OR
13:00:02 EDRs THAT WILL READ BOTH PREAND POST CRASH DATA.
13:00:05 OUR DEALERS COMPLETED NEARLY 3.5 MILLION RECALL REMEDIES.
13:00:10 THAT'S MORE THAN 70% OF THE STICKY PEDAL MODIFICATIONS AND
13:00:15 WE'LL CONTINUE TO REACH OUT TO THE AFFECTED OWNERS TO MAKE SURE
13:00:17 THEY BRING VEHICLES TO THEIR DEALERS' ATTENTION.
13:00:20 WE ARE GRATEFUL TO CUSTOMERS FOR THE WAY THEY ARE STANDING BY
13:00:24 TOYOTA. CONSISTENT WITH OUR PLEDGE TO
13:00:26 CONGRESS, WE NOW HAVE 150 EDR READOUT UNITS IN NORTH AMERICA
13:00:31 AND DELIVERED TEN EDR READERS TO NHTSA SO THEY CAN CONDUCT THEIR
13:00:37 OWN DATA RETRIEVAL DURING THEIR INVESTIGATION.
13:00:41 TOYOTA IS WELL ON ITS WAY TO BEING THE FIRST TO FEATURE BRAKE
13:00:47 OVERRIDE TECHNOLOGY AS STANDARD EQUIPMENT ON ALL VEHICLES SOLD
13:00:50 IN THE UNITED ACROSS OUR PRODUCT LINE-UP BY
13:00:55 THE END OF 2010. WE ARE ALSO TAKING THE
13:00:58 EXTRAORDINAIRE STEP OF RETRO-FITTING BRAKE OVERRIDES ON
13:01:02 SEVERAL EXISTING MODELS INVOLVED IN THE RECALLS AS AN ADDITIONAL
13:01:06 MEASURE OF CONFIDENCE FOR CUSTOMERS.
13:01:08 TOYOTA REMAINS CONFIDENCE THAT OUR ET CSI SYSTEM ISN'T THE
13:01:12 CAUSE OFINTENED ACCELERATION.
13:01:18 THEY ARE DESIGNED SO REAL WORLD UNCOMMANDED ACCELERATION CANNOT
13:01:22 OCCUR. WE TEST OUR VEHICLES EXTENSIVELY
13:01:24 TO MAKE SURE THAT THE FAILSAFES AND REDUNDANCIES WORK.
13:01:29 NONETHELESS, WE'RE MAKING A MAJOR SCIENTIFIC EFFORT TO
13:01:32 FURTHER VALIDATE THE SAFETY OF OUR VEHICLES BY OPENING UP OUR
13:01:36 TECHNOLOGY TO AN UNPRECEDENTED LEVEL OF INDEPENDENT REVIEW BY
13:01:40 RESPECTED SAFETY, QUALITY AND ENGINEERING EXPERTS.
13:01:43 THE ENGINEERING AND SCIENTIFIC CONSULTING FIRM EXPONENT HAS
13:01:48 ALREADY COMPLETED MORE THAN 11,000 HOURS OF TESTING AND THE
13:01:54 ANALYSIS OF THE ETCSI SYSTEM AND ITS EVALUATION IS ONGOING.
13:01:59 I HAVE BEEN ADVISED BY SECRETARY SLATER THAT THE QUALITY ADVISORY
13:02:03 PANEL HE CHAIRS WILL INVITE A RIGOROUS PEER REVIEW OF THE
13:02:07 PROCESS AS PART OF ITS ASSESSMENT OF EXPONENT'S
13:02:11 FINDINGS. IT WILL BE ONE OF THE TOPICS OF
13:02:13 DISCUSSION WHEN THE PANEL MEETS WITH MR. TOYODA NEXT WEEK IN
13:02:17 JAPAN. AS MR. TOYODA TOLD SECRETARY LA
13:02:21 HOOD, WE ARE PLEASED TO COOPERATE WITH NHTSA AND WITH
13:02:26 THE ENGINEERS FROM NASA IN THEIR INDEPENDENT EVALUATION OF THE
13:02:31 SYSTEM. WE ALSO COOPERATE WITH THE
13:02:33 NATIONAL ACADEMY OF SCIENCES ON THEIR EVALUATION OF TOYOTA AND
13:02:36 LEXUS VEHICLES AS THEY STUDY THE INDUSTRY-WIDE ISSUE OF
13:02:40 AUTOMOTIVE SAFETY. MEMBERS OF THE COMMITTEE, AT
13:02:43 TOYOTA WE ARE COMMITTED TO DOING MORE THAN JUST CORRECTING
13:02:46 MISTAKES FROM THE PAST. WE'RE LEARNING FROM THEM AND
13:02:50 MAKING MAJOR STEPS TO AVOID THEM IN THE FUTURE.
13:02:53 I'D LIKE TO QUOTE THE WORDS OF MIKE GETZ, A TOYOTA TEAM MEMBER
13:02:57 FOR 22 YEARS FROM GEORGETOWN, KENTUCKY.
13:03:00 IN ONE TEAM ON ALL LEVELS A BOOK WHICH MEANS WHAT IT IS TO WORK
13:03:07 AT OUR PLANT IN KENTUCKY. IT'S WRITTEN BY THE TEAM MEMBERS
13:03:10 OF THE GEORGETOWN PLANT. MIKE WRITES, TOYOTA MAKES
13:03:14 MISTAKES, BUT WE ARE EXPECTED TO TAKE OWNERSHIP TO PREVENT
13:03:22 REOCCURRENCE AND LEARN FROM THEM.
13:03:24 WE JUST DON'T SAY THAT. WE DO THAT.
13:03:26 THAT'S BEEN THE TOYOTA WAY FOR 70 YEARS.
13:03:30 FOR THE FUTURE, BY ACTING SWIFTLY ON SAFETY ISSUES WHEN
13:03:33 THEY ARISE WE ARE DETERMINED TO SET A NEW STANDARD FOR QUALITY
13:03:38 CUSTOMER CARE FOR VEHICLES. OUR GOAL IS TO LEAD THE WAY FOR
13:03:42 OUR INDUSTRY. THANK YOU VERY MUCH.
13:03:43 I'M HAPPY TO ANSWER ANY OF YOUR QUESTIONS.
13:03:47 THANK YOU. THANK YOU AGAIN FOR BEING HERE.
13:03:51 LET ME START -- I ASKED MR. STRICKLAND, SO LET ME ASK YOU
13:03:55 THIS QUESTION. YOU TESTIFIED THAT THE MATS AND
13:03:59 STICKY PEDAL ACCOUNTED FOR 16% OF THE SUDDEN UNINTENDED
13:04:03 ACCELERATION AND THAT'S 84% OF THEM WE HAVE NO ANSWER FOR.
13:04:07 ARE WE ANY CLOSER TO FINDING OUT WHAT ABOUT THE OTHER 84% OF THE
13:04:11 SUDDEN UNINTENDED ACCELERATION, WHAT'S THE CAUSE OF IT?
13:04:14 I THINK IT DEPENDS ON THE DATABASE THAT YOU'RE LOOKING AT.
13:04:18 IN THE CASE OF NHTSA'S DATABASE, IT'S LUMPED TOGETHER AS SPEED
13:04:26 CONTROL. SO IT INCLUDES NOT ONLY EVENTS
13:04:28 OF SUDDEN UNINTENDED ACCELERATION, BUT IT INCLUDES
13:04:33 ANY OTHER TYPE OF SURGE OR HESITATION EVENT.
13:04:36 SO WHEN WE SPOKE LAST, I'M CONFIDENT OF THREE THINGS --
13:04:44 THAT THE STICKY PEDAL IS BEING REPAIRED.
13:04:47 WE'RE ALREADY ALMOST 70% REPAIRED.
13:04:50 CORRECT. I'M CONFIDENT WE'LL BE UNDER
13:04:52 CONTROL ON THE MATS -- BUT EVEN IF YOU DO 100% MATS,
13:04:56 100% STICKY PEDAL WE HAVE 84% -- AND THESE WERE NUMBERS FROM LAST
13:05:03 TIME. 2,262 SUDDEN ACCELERATION
13:05:11 REPORTS. 19 DEATHS IN THE UNITED STATES.
13:05:16 THE 84% OF THE 2262. SO EVEN IF YOU DID A 100% MATS,
13:05:21 100% STICKY PEDALS WE HAVE 84% WE HAVE NO ANSWER FOR.
13:05:25 YOU TELL US YOU HAVE 11,000 HOURS THAT EXPONENT HAS DONE.
13:05:30 WHAT DID THEY CONCLUDE? WHAT DID THE TESTS SHOW?
13:05:34 WE HAVE NO REPORTS. THEY WON'T GIVE US ANY.
13:05:37 WHAT WAS 11,000 HOURS OF TESTING ON?
13:05:41 ELECTRONICS? COMPUTER?
13:05:42 MICRO PROCESSERS? WE DON'T KNOW BECAUSE EXPONENT
13:05:51 GIVE US THE ANSWERS. QUITE A NUMBER OF QUESTIONS
13:05:55 THERE. FIRST OFF, IN TERMS OF SURGES
13:05:58 AND HESITATIONS, THE POSSIBILITY OF PEDAL MISAPPLICATION, EVEN
13:06:03 THOUGH WE ARE GOING TO DO THESE TWO MECHANICAL FIXES, THOSE ARE
13:06:07 GOING TO EXIST. THEY CAN STILL BE REPORTED TO
13:06:14 NHTSA AS SPEED CONTROLS. THAT'S PART OF THE 84% NUMBER.
13:06:20 IN TERMS OF EXPONENT AND THE SCOPE OF THE WORK THEY PROVIDED
13:06:27 THE COMMITTEE BACK AROUND THE TIME I TESTIFIED.
13:06:31 AN INTERIM REPORT. A VERY SMALL
13:06:34 PORTION OF WHAT THEY ARE TESTING.
13:06:37 I BELIEVE YESTERDAY THEY PROVIDED A SECOND REPORT TO YOU
13:06:43 ALL WITH MORE INFORMATION, BUT THEY ARE TESTING NOT ONLY
13:06:46 VEHICLE ELECTRONICS. THEY ARE TESTING EMI.
13:06:52 THEY ARE TESTING EVERYTHING THAT COULD POSSIBLY CREATE UNINTENDED
13:06:57 ACCELERATION. I GUESS I WOULD AGREE WITH
13:06:59 YOU. YOU COME AND SAY WE'RE DOING
13:07:02 EVERYTHING AND EXPONENT HAS THIS OPEN-ENDED ABILITY TO DO WHAT
13:07:06 NEEDS TO BE DONE. YOU TESTIFIED THERE WAS 11,000
13:07:09 HOURS. WHAT EXPONENT SAYS -- AND ALL WE
13:07:12 HAVE IS FEBRUARY -- IS IT'S IMPORTANT TO NOTE AT THIS STAGE
13:07:15 OF OUR WORK WE NEITHER CLAIM TO HAVE LOOKED AT ALL ISSUES NOR TO
13:07:19 HAVE OPINED ON THE CAUSE OF INCIDENCE OF UNINTENDED
13:07:23 ACCELERATION REPORTED. WE AGREE FURTHER WORK NEEDS TO
13:07:27 BE PERFORMED BEFORE WE REACH SUCH OPINIONS.
13:07:30 WHEN WE ASKED WE RECEIVED TO REPORTS.
13:07:32 JUST SAYING, WORK IS UNDER WAY. IS THIS IN SOME ENGINEER'S HEAD?
13:07:38 NO ONE WRITES DOWN WHAT THEY ARE DOING FOR 1,100 HOURS?
13:07:42 HOW DO YOU PAY THEM. WE HAVE THE PAYMENT SCHEDULE.
13:07:45 $485 FOR THIS PERSON OR THAT PERSON.
13:07:48 HOW IN THE HECK DO YOU KNOW IF YOU'RE GETTING ANYTHING FOR YOUR
13:07:51 MONEY? WELL, YOU KNOW, I AM
13:07:53 CONVINCED THAT IN THE END WHEN WE SEE THE FINAL REPORT AND IT
13:07:59 WILL BE MADE PUBLIC IT WILL BE PEER REVIEWED AND SECRETARY
13:08:03 SLATER IS ALSO GOING TO REVIEW WHAT'S TAKING PLACE.
13:08:10 I'M CONFIDENT WE'LL SEE AN INDEPENDENT REPORT.
13:08:16 WHEN WILL WE SEE A FINAL REPORT?
13:08:18 I DON'T HAVE AN EXACT DATE. WE'RE LOOKING FOR THE END OF
13:08:25 AUGUST. I DON'T THINK THEY HAVE
13:08:26 COMMITTED TO ME A GIVEN DATE. BUT I WILL TELL YOU IN THE CASE
13:08:31 OF EXPONENT, YOU'RE RIGHT. I HAVE LISTENED TO THE COMMENTS
13:08:36 OF THE PAST THAT THEY WERE REPORTING THROUGH PRODUCT
13:08:40 LIABILITY ATTORNEYS. THAT CHANGED THIS WEEK.
13:08:51 EXPONENT IS NOW REPORTING TO STEVE ST. ANGLO AND ALL OF THE
13:08:56 WORK WILL REPORT THROUGH STEVE. I KNOW WE HAVE A CONFERENCE CALL
13:09:00 AS WE DO EVERY WEEK WITH THE STEVE, BEING HE'S FROM THE
13:09:08 MANUFACTURING SIDE HE'S GOING TO DEMAND WE HAVE A WORK PROCESS
13:09:12 WITH EXPONENT GOING FORWARD. AS SOON AS WE HAVE THAT, YOU
13:09:15 WILL HAVE THAT. OKAY.
13:09:21 YOUR COUNSEL HAS INDICATED THAT EXPONENT'S CONTRACT DIDN'T
13:09:24 CHANGE AT ALL. WILL THIS BE A NEW CHANGE OR
13:09:27 WILL IT BE REDUCED TO WRITING ABOUT HOW THEY ARE GOING TO GET
13:09:32 THIS TO YOUR SAFETY? A LETTER HAS GONE TO EXPONENT
13:09:38 FROM STEVE -- WHEN YOU GET A CHANCE WILL
13:09:40 YOU GET IT TO THE COMMITTEE. CAN WE SEE THE DOCUMENT?
13:09:43 IT WAS SUBMITTED WITH OUR WRITTEN STATEMENT.
13:09:47 LET ME ASK YOU ONE LAST QUESTION.
13:09:50 IS THERE GOING TO BE A RECALL TOMORROW ON THE LEXUS LS
13:09:54 VEHICLES? I DON'T KNOW FOR CERTAIN THE
13:09:56 TIMING. BUT THERE IS GOING TO BE A
13:09:58 RECALL ON A STEERING PROBLEM? YES.
13:10:01 IT IS BECAUSE OF THE EXPERIENCE IN JAPAN.
13:10:05 THE STEERING COMPONENT THAT CREATES THIS IS STANDARD IN
13:10:10 JAPAN ON LSs. IT IS A COMPUTER-DRIVEN
13:10:13 STEERING ISSUE. IT IS.
13:10:14 HAVE WE HAD COMPLAINTS IN THIS COUNTRY ABOUT STEERING?
13:10:17 WE HAVE NOT. NOW THAT JAPAN HAS HAD THE ISSUE
13:10:20 WE ARE COMBING THROUGH OUR FILES TO SEE IF THEY HAVED WITH
13:10:25 ANYTHING. IT'S ON ROUGHLY 50% OF THE LSs
13:10:29 IN THE UNITED STATES. IT'S NOT STANDARD LIKE IT IS IN
13:10:32 JAPAN. ABOUT 3800 VEHICLES?
13:10:34 2500 THAT HAVE BEEN SOLD AND 1400 IN DEALER STOCK OR ON THE
13:10:40 WAY TO US THAT COULD BE IMPACTED.
13:10:43 MR. BURGESS, QUESTIONS? THANK YOU.
13:10:46 MR. LENTZ, THANKS FOR BEING WITH US THIS AFTERNOON.
13:10:52 CHAIRMAN STUPAK'S OPENING STATEMENT MADE A LOT OF
13:10:58 REFERENCE TO POLLING. WOULD YOU CARE TO RESPOND TO
13:11:05 SOME OF THE STATEMENTS MADE IN THE OPENING STATEMENT BY THE
13:11:08 CHAIRMAN OF THE SUBCOMMITTEE? WE HAVE THE POLLING COMPANY
13:11:17 AND I CANNOT RECALL THEIR NAME NOW.
13:11:19 THEY HAVE DONE POLLS FOR US FOR THREE YEARS.
13:11:21 BENNETT'S STRATEGY? YES.
13:11:24 THEY HAVE DONE POLLS FOR THE LAST THREE YEARS.
13:11:27 THEY HAVE PROBABLY DONE AT LEAST TWO DOZEN POLLS IN THE PAST.
13:11:32 THE POLL THAT'S IN QUESTION WAS DONE SOON AFTER MY TESTIMONY.
13:11:40 IT WAS DONE SOON AFTER THE EXPOSE RAN ABOUT UNINTENDED
13:11:45 ACCELERATION. THERE WERE QUESTIONS ABOUT
DR GILBERT AND ABC NEWS
13:11:48 DR. GILBERT AND ABC. THERE WERE A LOT OF OTHER
13:11:51 QUESTIONS OF THE THINGS MEASURED AS WELL.
13:11:53 YES, WE DID RESEARCH POLLING ABOUT THE WORK DONE BY DR.
13:12:01 GILBERT. IF IT'S NOT PROPRIETARY CAN
13:12:04 YOU GIVE US AN IDEA OF THE POLLING SAMPLE SIZE?
13:12:06 I BELIEVE IT WAS AROUND 1,000.
13:12:09 I MAY NOT BE EXACT. IT WAS 980, 990.
13:12:14 AND YOU WOULD HAVE NO REASON TO PUBLICALLY STATE THE FACT
13:12:17 YOU'RE DOING A POLL. TYPICALLY A COMPANY WOULD NOT
13:12:21 PUBLICIZE THAT IT'S POLLING BECAUSE IT MIGHT INFLUENCE THE
13:12:25 POLL. CORRECT.
13:12:26 YOU DID THIS IN RESPONSE TO THE ABC NEWS PIECE.
13:12:31 SIT UNUSUAL FOR YOUR COMPANY TO DO POLLING RELATED TO OTHER
13:12:36 ISSUES OF THE DAY THAT MAY RELATE TO YOUR PARTICULAR
13:12:39 INDUSTRY? I THINK IT IS.
13:12:41 I THINK THE ABC NEWS PIECE WAS UNUSUAL AS WELL.
13:12:46 IT WAS A CLEAR ATTACK ON THE REPUTATION OF THE COMPANY AND
13:12:54 REALLY CAST DOUBT ABOUT THE THROTTLE CONTROL SYSTEM.
13:12:58 SO WE FELT IT WAS VERY, VERY IMPORTANT TO OUR CUSTOMERS, OUR
13:13:04 DEALERS. SIR, IF YOU DIDN'T MAKE IT
13:13:06 PUBLIC AND IT WAS OBVIOUSLY IN YOUR BEST INTEREST NOT TO GO
13:13:11 PUBLIC WITH THE INFORMATION, WHO DID?
13:13:13 MADE WHICH PUBLIC? THE POLL ON THE ABC NEWS
13:13:19 PIECE. I DON'T KNOW THE ANSWER TO
13:13:22 THAT. YOU DID NOT AND YOUR
13:13:24 COMPANY -- NOT TO MY KNOWLEDGE.
13:13:26 SO IT WAS LEAKED TO A USUALLY RELIABLE SOURCE.
13:13:29 POSSIBLY, I DON'T KNOW. AT THE TIME WE WERE DOING THAT
13:13:35 POLLING WE DIDN'T KNOW HOW MUCH DAMAGE THE ABC REPORT HAD DONE
13:13:40 TO OUR REPUTATION AND WE WERE CONTEMPLATING WHETHER OR NOT WE
13:13:43 WOULD HAVE TO DO NEWSPAPER ADVERTISING TO EXPLAIN OUR SIDE
13:13:46 AND THE RESULTS OF THE POLLING INDICATED THAT CONSUMERS DIDN'T
13:13:51 KNOW MUCH ABOUT WHAT THEY SAID AND DIDN'T CARE ABOUT IT.
13:13:54 SO WE DIDN'T END UP DOING ANYTHING ABOUT IT.
13:13:58 YOU ASKED YOUR REPRESENTATIVE TO REPLICATE THE CONDITIONS THAT
13:14:06 PROFESSOR GILBERT GAVE TO US HERE IN COMMITTEE.
13:14:08 WAS THAT DECISION MADE BEFORE YOU COMMISSIONED THE POLL FROM
13:14:14 THE STRATEGY GROUP? THAT ACTUALLY TOOK PLACE THE
13:14:20 EVENING BEFORE MY TESTIMONY. WHEN WE FOUND OUT24 ABC WAS
13:14:25 RUNNING THAT, EXPONENT WORKED THAT NIGHT TO SEE HOW MANY OTHER
13:14:29 VEHICLES THEY COULD REPLICATE. THAT WOULD HAVE BEEN BEFORE THE
13:14:31 POLLING. DID YOU RECEIVE INFORMATION
13:14:40 BASED ON THE POLLING? SOME OF THE ADVERTISING IN
13:14:43 TERMS OF TOYOTA IN AMERICA HAS BEEN RUN BASED ON SOME OF THE
13:14:46 POLLING INFORMATION, BUT TO MY UNDERSTANDING WITH REGARD TO
13:14:51 GILBERT & CANE, I DON'T BELIEVE WE HAVE RUN ANYTHING ON THAT.
13:14:54 WE HAVE HAD TALK ABOUT THE BRAKE OVERRIDES AND FIXES FOR
13:14:58 THE SUDDEN UNINTENDED ACCELERATION LAST FALL YOUR
13:15:06 COMPANY ANNOUNCED IT WILL BE INTRODUCING A BRAKE OVERRIDE ON
13:15:10 CERTAIN MODELS. WILL THIS COVER ALL TOYOTA
13:15:13 MODELS THAT WERE THE SUBJECT OF UNINTENDED SUDDEN ACCELERATION,
13:15:18 GOING BACK AND INSTALLING THE BRAKE OVERRIDE SYSTEM?
13:15:22 NOT ON EVERY VEHICLE. THE FIRST CUT TO DECIDE WHERE WE
13:15:25 WOULD PUT THOSE WERE REALLY ON ALL VEHICLES THAT HAD THE PUSH
13:15:30 BUTTON START-STOP. SO CAMRY IS AN EXAMPLE.
13:15:33 WE PUT IT ACROSS THE ENTIRE LINE.
13:15:36 SAME WITH I.S., E.S. AND AVALON. WE THEN TOOK A SECOND CUT AND
13:15:44 TOOK A LOOK BASED AT NHTSA'S SUDDEN ACCELERATION.
13:15:50 WHAT OTHER VEHICLES MIGHT WE ADD FOR ADDITIONAL CONSUMER
13:15:53 CONFIDENCE? WHY NOT ALL MODELS FOR
13:15:55 CONSUMER CONFIDENCE? IT'S AN ADDITIONAL EIGHT
13:15:58 MILLION VEHICLES. IN SOME CASES, SOME OF THE
13:16:01 MODELS, WHEN YOU LOOK AT THE NHTSA DATABASE ACTUALLY HAS A
13:16:05 MUCH LESS THAN AVERAGE INCIDENT RATE OF SUDDEN ACCELERATION.
13:16:10 IT'S NOT THE SAME ACROSS ALL VEHICLES ON THE TOYOTA OR LEXUS
13:16:15 SIDE. I THINK PART OF IT IS THE
13:16:17 TREMENDOUS AMOUNT OF ENGINEERING RESOURCE AND TIME IT TAKES TO DO
13:16:21 THAT. YOU'RE TRYING TO REBUILD
13:16:24 CONSUMER CONFIDENCE AFTER A VERY DAMAGING SERIES OF EVENTS THE
13:16:27 PAST EIGHT MONTHS. IT SEEMS LIKE IT WOULD MAKE
13:16:30 SENSE IF THAT'S THE WAY TO REPAIR CONSUMER CONFIDENCE, ADD
13:16:34 THE FEATURE AND NONE OF THE REST OF US HAVE TO WORRY.
13:16:38 WOULD THE BRAKE OVERRIDE SYSTEM PREVENT EVERY AND ALL INSTANCE
13:16:42 AND TYPE OF SUDDEN UNINTENDED ACCELERATION?
13:16:45 IT ONLY WORK IFS YOU STEP ON THE BRAKE.
13:16:49 OKAY. LET ME ASK YOU THIS IF I COULD.
13:16:55 YOU'VE BEEN VERY INDULGENT. I WANT TO SAY AT LEAST IN MY
13:17:00 PART OF THE WORLD THAT YOUR DEALERSHIPS HAVE DONE AN
13:17:03 EXCELLENT JOB OPENING EARLY, STAYING LATE.
13:17:09 I HAVE HAD MY OWN EXPERIENCE WITH YOUR DEALERSHIP IN LIEU
13:17:15 WISVILLE. I THINK THEY HAVE DONE WELL BY
13:17:18 YOUR COMPANY IN WHAT WAS A TOUGH TIME.
13:17:20 THEY STEPPED UP, MET THE CHALLENGE AND HAVE TAKEN IT --
13:17:25 MET IT HEAD ON. SO YOUR DEALERS IN THE TEXAS
13:17:31 AREA ARE DOING A TREMENDOUS JOB. THANK YOU.
13:17:34 THEY UNDERSTAND THE VALUE OF TAKING CARE OF CUSTOMERS.
13:17:39 THANK YOU. MR. CHAIRMAN, MR. WAXMAN FOR
13:17:47 QUESTIONS PLEASE. I'M STILL CONFUSED.
13:17:53 AS I HEAR YOU SAYING EXPONENT IS CONTINUING TO DO RESEARCH FOR
13:17:56 YOU BUT NOT FOR THE TRIAL LAWYERS.
13:17:58 THEY WILL DO IT FOR ONE OF YOUR CORPORATE EXECUTIVES.
13:18:02 I DON'T THINK THEY ARE MUTUALLY EXCLUSIVE.
13:18:05 AS IT HAS EVOLVED -- SO THEY ARE STILL DOING
13:18:08 RESEARCH? YES.
13:18:09 YOU TOLD THEM TO DO A COMPREHENSIVE EVALUATION, SPARE
13:18:14 NO BUDGET, DO EVERYTHING THAT NEEDS TO BE DONE.
13:18:17 HAVE THEY COMPLETED THEIR RESEARCH?
13:18:20 NO. WHEN YOU WERE HERE LAST THEY
13:18:24 HAD DONE AN INTERIM REPORT. THAT'S ALL WE HAD AT THAT POINT.
13:18:28 THE INTERIM REPORT DIDN'T TELL US MUCH, YET YOU AND -- WELL,
13:18:35 OTHERS FROM TOYOTA ASSURED THE AMERICAN PEOPLE THAT IT IS NOT
13:18:44 THE WHOLE ELECTRONIC SYSTEM THAT COULD POSSIBLY BE THE CAUSE OF
13:18:48 THE SUDDEN ACCELERATION. HOW COULD YOU BE SO SURE ABOUT
13:18:53 THAT? THE ONLY WAY WE CAN BE SURE
13:18:55 AND I'M MORE CONFIDENT TODAY THAN I WAS IN THE PAST.
13:18:58 WE KNOW THAT WE DO A LOT OF WORK AND A LOT OF RESEARCH BEFORE WE
13:19:03 PUT THE VEHICLES ON THE ROAD. I KNOW YOU WILL HAVE ADDITIONAL
13:19:08 QUESTIONS ON THAT. TODAY AS THE SMART TEAMS ARE
13:19:12 GOING OUT AND INVESTIGATING THESE --
13:19:16 WE WERE TOLD THAT YOU WERE RELYING ON EXPONENT'S RESEARCH
13:19:22 AND CONCLUSIONS, BUT YOU WEREN'T RELYING ON THEIR CONCLUSIONS
13:19:26 BECAUSE THEY STILL HAVEN'T FINISHED THE REPORT.
13:19:29 NO. SO YOU ARE RELYING ON WHAT
13:19:31 YOU WERE TOLD ABOUT THE WORK THAT WAS BEING DONE IN JAPAN
13:19:34 BEFORE THE PRODUCTS WERE PUT INTO PRODUCTION.
13:19:38 YES. I RAISED CONCERNS ABOUT THAT
13:19:40 IN MY OPENING STATEMENT. LET'S GO BACK TO EXPONENT.
13:19:46 IT'S BEEN HELD OUT TO US THAT EXPONENT HAS PUT THIS ISSUE TO
13:19:51 REST. THAT'S WHY EXPONENT IS DOING
13:19:54 THIS WORK. I JUST CAN'T UNDERSTAND WHY
13:19:58 YOU'RE SO ABSOLUTELY CERTAIN -- YOU SAY YOU'RE EVEN MORE CERTAIN
13:20:01 NOW THAN YOU WERE THEN BUT YOU HAVE EXPONENT'S REPORT.
13:20:06 YOU WILL HAVE IT PEER REVIEWED. WHY ARE YOU BOTHERING TO DO IT
13:20:09 IF YOU'RE CONVINCED BASED ON THE OTHER WORK YOU'RE DOING?
13:20:12 WE WANT TO ENSURE THE PUBLIC AND OUR CUSTOMERS THAT THEY HAVE
13:20:17 THE CONFIDENCE THAT THIS HAS BEEN REVIEWED INDEPENDENTLY,
13:20:22 SCIENTIFICALLY, PEER REVIEWED EVEN HAVING SECRETARY SLATER
13:20:30 REVIEW THE PROCESS. FORMER SECRETARY SLATER.
13:20:32 YES, I'M SORRY. WELL, WE HEARD FROM THE HEAD
13:20:35 OF NHTSA, MR. STRICKLAND. HE DOESN'T FEEL HE CAN RELY ON
13:20:43 WHAT HE KNOWS OF EXPONENT'S WORK.
13:20:45 EXPONENT SEEMS TO BE WORKING FOR THE LAWYERS.
13:20:52 EVERYTHING THAT THEY HAVE SHOWN US BY WAY OF DOCUMENTS GIVES US
13:20:56 NO SENSE THAT THEY HAVE COME TO ANY CONCLUSION.
13:20:58 IN FACT, WE HAVE NO SENSE THEY ARE LOOKING AT THE ISSUE BECAUSE
13:21:03 THEY DON'T EVEN HAVE IT ON THE LIST OF THINGS THAT THEY ARE
13:21:08 EVALUATING. IF EXPONENT IS DOING THE JOB YOU
13:21:10 DESCRIBE IN YOUR TESTIMONY PROVIDING A COMPREHENSIVE
13:21:14 ASSESSMENT IT PRESUMABLY WOULD BE UNDERTAKING A COMPLICATED
13:21:18 MULTI DISCIPLINARY INVESTIGATION INVOLVING NUMEROUS ROUNDS OF
13:21:22 TESTING AND ANALYSIS. BUT DR. SUREY TOLD THE STAFF AT
13:21:29 ANY TIME 10 TO 25 PEOPLE COULD BE WORKING ON THE TOYOTA PROJECT
13:21:33 AND THERE IS NO WRITTEN COMMUNICATION AMONG THESE
13:21:37 PEOPLE. THERE IS NOTHING BY WAY OF
13:21:39 WRITTEN NOTES. SCIENCE IS WHAT WE NEED TO HAVE
13:21:44 EVALUATED. SO JUST RAISE THAT ISSUE.
13:21:47 I STILL AM NOT SATISFIED BECAUSE YOU'RE NOW RELYING ON SOMETHING
13:21:52 OTHER THAN EXPONENT TO GIVE YOU THAT CERTAINTY.
13:21:55 I WANT TO ASK YOU A DIFFERENT QUESTION BEFORE MY TIME IS UP.
13:21:58 THAT'S THIS QUESTION OF THE BRAKE OVERRIDE.
13:22:00 WHY ARE YOU DOING A BRAKE OVERRIDE?
13:22:05 WHAT'S THE PURPOSE? TO HELP WITH ADDED CONSUMER
13:22:07 CONFIDENCE ON OUR PRODUCTS. IS IT FOR SAFETY?
13:22:11 I THINK FOR SOME PEOPLE IT COULD BE SAFETY.
13:22:14 I CAN'T SPEAK FOR ALL THE CONSUMERS TO SAY 100% OF THE
13:22:18 CONSUMERS WILL SEE IT -- NOT HOW THEY SEE IT.
13:22:21 I DON'T CARE HOW THEY SEE IT. WILL IT MAKE CARS SAFER?
13:22:25 THERE ARE OTHER REDUNDANCIES WITHIN A CAR TODAY THAT WILL
13:22:29 MAKE THAT CAR STOP. TODAY, EVEN AT FULL THROTTLE,
13:22:33 FULL BRAKE PRESSURE -- SO YOU DON'T THINK THERE IS A
13:22:35 SAFETY NEED FOR IT. I BELIEVE THERE IS.
13:22:38 OTHERWISE WE WOULDN'T BE PUTTING IT ON FUTURE MODELS BUT IT ADDS
13:22:43 FUTURE -- IT SEEMS YOU'RE SAYING IT
13:22:46 WILL MAKE PEOPLE FEEL BETTER. THAT'S CONSUMER CONFIDENCE.
13:22:50 BUT ARE YOU WILLING TO SAY IT'S GOING TO MAKE THE CARS SAFER.
13:22:55 I CAN'T SAY 100% THAT IT NECESSARILY MAKES CARS SAFER.
13:23:01 THEY'RE DIFFERENT. IT'S JUST LIKE CARS.
13:23:03 IT COSTS AROUND $50 TO DO THIS.
13:23:07 BUT YOU'RE NOT DOING IT FOR ALL CARS.
13:23:10 YOU'RE RETRO-FITTING SOME CARS, BUT NOT OTHERS.
13:23:14 WHY ARE YOU MADE THAT DECISION? DON'T YOU FEEL THOSE DRIVING
13:23:18 LESS EXPENSIVE TOYOTAS SHOULD HAVE THAT SENSE THAT THEY HAVE A
13:23:23 BRAKE OVERRIDE THAT'S GOING TO PROTECT THEM?
13:23:25 IT'S NOT A QUESTION OF WHAT PEOPLE PAY FOR THEIR CARS.
13:23:30 WE STARTED WITH THE FOUR VEHICLES THAT HAD PUSH BUTTON
13:23:35 START -- ARE YOU GOING TO GET TO THE
13:23:37 OTHER VEHICLES? WE THEN WENT TO AN ADDITIONAL
13:23:40 THREE MODELS THAT WERE HIGH ON( LIST.
13:23:44 ARE YOU GOING TO GET TO ALL THE OTHER VEHICLES.
13:23:47 WE ARE NOT GOING TO GET TO ALL THE OTHER VEHICLES GOING
13:23:50 BACK. DO YOU HAVE A BRAKE OVERRIDE
13:23:52 IN YOUR CAR SP? I DRIVE A HYBRID THAT HAS THE
13:23:56 EQUIVALENT LEAPT OF IT. MY SON DOESN'T HAVE IT IN HIS
13:24:00 AND I DON'T FEEL THAT HE'S NOT SAFE.
13:24:02 WHAT IF I, AS A TOYOTA OWNER WANTED TO SPEND $50 AND GET IT
13:24:06 IN MY CAR? IF IT HASN'T BEEN DEVELOPED,
13:24:11 IT'S NOT DEVELOPED. IT'S DEVELOPED ENOUGH THAT
13:24:14 YOU ARE PUTTING IT IN MOST TOYOTAS.
13:24:16 IT'S UNIQUE TO EVERY VEHICLE. YOU WILL PUT IT IN ALL FUTURE
13:24:19 TOYOTAS. YES.
13:24:20 EACH AND EVERY VEHICLE FOR TOYOTA IN THE FUTURE AND YOU'RE
13:24:25 RETRO-FITTING FOR SOME BUT NOT ALL.
13:24:27 IT IS UNIQUE TO EVERY VEHICLE.
13:24:29 THE AMOUNT OF TIME IT WOULD TAKE TO DO IT IS JUST NOT --
13:24:34 WITH ALL DUE RESPECT, I HEAR YOU SAYING YOU WANT PEOPLE TO
13:24:38 FEEL GOOD SO YOU TELL THEM EXPONENT SAID IT'S NOT THE
13:24:44 ELECTRONICS. I DON'T BELIEVE YOU CAN SAY
13:24:45 THAT. THAT WAS PAST TESTIMONY.
13:24:47 YOU'RE SAYING PEOPLE OUGHT TO FEEL GOOD ABOUT THE BRAKE
13:24:50 OVERRIDE BUT YOU'RE NOT WILLING TO SAY THAT'S REALLY FOR SAFETY.
13:24:55 I DON'T SEE THAT YOU ARE GIVING US ASSURANCES ON SAFETY.
13:24:58 IT SEEMS TO ME YOU'RE WORKING AROUND ATTITUDES.
13:25:02 THAT ATTITUDE YOU WANT TO DEVELOP IS PEOPLE SHOULD FEEL
13:25:05 GOOD ABOUT TOYOTA. I WANT PEOPLE TO FEEL GOOD ABOUT
13:25:13 SAFETY. IT IS AN EXTRAORDINARY
13:25:15 EFFORT. I DON'T KNOW OF ANOTHER
13:25:16 MANUFACTURER THAT'S GONE BACK TO RETRO-FIT VEHICLES WITH ANY TYPE
13:25:20 OF SAFETY LIKE THIS. EVEN TO DO THREE MILLION GOING
13:25:25 BACK ON THESE SEVEN MODELS IS AN EXTRAORDINARY EVIDENT FOR ANY
13:25:31 MANUFACTURER. MY TIME IS -- I DON'T WANT TO
13:25:33 INTERRUPT YOU. MY TIME IS MORE AN EXPIRED.
13:25:36 THANK YOU, MR. CHAIRMAN, FOR LETTING ME GO OVER.
13:25:38 AS YOU CAN TELL, I'M STILL NOT SATISFIED.
13:25:41 THANK YOU. MR. CHRISTENSEN FOR
13:25:45 QUESTIONS. THANK YOU, MR. CHAIRMAN.
13:25:51 IN A PRIOR HEARING I ASKED A QUESTION THAT ALL THE MAJOR
13:25:56 DECISIONS WERE BEING MADE IN TOYOTA JAPAN.
13:25:59 THERE SEEMED TO BE A DISCONNECT BETWEEN WHAT WAS HAPPENING WITH
13:26:03 TOYOTA MADE CARS IN DIFFERENT PARTS OF THE WORLD.
13:26:05 NO COMMUNICATION OF WHAT WAS HAPPENING IN EUROPE TOYOTA E.U.
13:26:11 AND TOYOTA U.S. FOR EXAMPLE. HOW WOULD HAVING A SPECIAL
13:26:16 COMMITTEE ON GLOBAL ECONOMY AND A CHIEF QUALITY OFFICER HAVE
13:26:19 MADE A DIFFERENCE IN F THOSE OFFICES EXISTED BACK THEN.
13:26:24 THE BIGGEST DIFFERENCE IS NOT ONLY DID WE HAVE A GLOBAL
13:26:29 QUALITY OFFICER BUT WE HAVE AN INDIVIDUAL WHO WAS RESPONSIBLE
13:26:34 FOR RECALLS IN THE UNITED STATES.
13:26:35 THE WORLD HAS BEEN DIVIDED UP INTO SIX DIFFERENT REGIONS.
13:26:41 EUROPE HAS A REPRESENTATIVE. CHINA HAS A REPRESENTATIVE.
13:26:43 THE U.S. HAS AP REPRESENTATIVE. THEY WILL SHARE IN ALL THE
13:26:48 INFORMATION AND DATA THAT'S GOING ON A GLOBAL BASIS.
13:26:51 THAT DIDN'T HAPPEN BEFORE. THAT DID NOT HAPPEN BEFORE.
13:26:55 THE DECISIONS WERE MADE IN JAPAN AND COMMUNICATED TO US.
13:27:00 NOW THAT INFORMATION WILL BE VISIBLE TO THIS INDIVIDUAL.
13:27:04 THIS INDIVIDUAL WILL WORK WITH ONE OTHER PERSON IN JAPAN TO
13:27:07 MAKE THAT DECISION WHETHER OR NOT THERE IS A RECALL.
13:27:10 IF HE'S NOT SATISFIED, STEVE SAINT ANGELO HAS THE ABILITY TO
13:27:15 GO TO AKIO TOYODA AND DISCUSS THE SITUATION.
13:27:22 NOT ONLY DO WE HAVE INPUT BUT WE CAN GO TO THE PRESIDENT OF THE
13:27:24 COMPANY IF WE ARE NOT SATISFIED WITH WHAT THE DECISION IS.
13:27:27 THAT'S VERY, VERY DIFFERENT THAN BEFORE.
13:27:31 OKAY. YOU HAVE THE NORTH AMERICA
13:27:33 QUALITY ADVISORY PANEL. THEY ARE APPOINTED AND PAID BY
13:27:40 TOYOTA? YES.
13:27:42 MR. SLATER WAS INITIALLY SUGGESTED BY TOYOTA AND HE
13:27:50 BASICALLY HAND-PICKED THE REPRESENTATIVES ON THE
13:27:52 COMMITTEE. SO OTHER THAN RELYING ON THE
13:27:55 HIGH RESPECT THAT WE HAVE FOR THE STEWARTSHIP AND INTEGRITY OF
13:28:02 RODNEY SLATER WHO MAY NOT ALWAYS BE -- FOR ANY NUMBER OF REASONS,
13:28:08 HOW DO WE ENSURE THAT THERE IS ADEQUATE INDEPENDENCE IN THIS
13:28:11 ADVISORY PANEL? YOU KNOW, I THINK YOU HAVE TO
13:28:13 LOOK AT THE RESULTS OF WHAT HAPPENS OVER THE NEXT FEW YEARS.
13:28:19 WE ARE CONFIDENT THAT NOT ONLY MR. SLATER BUT THE ADDITIONAL
13:28:23 MEMBERS OF HIS PANEL, THEY HAVE ALREADY SPENT TIME WITH OUR
13:28:27 PEOPLE. THEY HAVE ALREADY SPENT TIME
13:28:29 WITH EXPONENT. THEY SEEM TO BE VERY, VERY
13:28:35 I INDEPENDENT.
13:28:37 VERY, VERY UP FRONT AND ARE ASKING TREMENDOUS QUESTIONS.
13:28:40 I THINK THEY WILL ADD TREMENDOUS VALUE TO OUR OVERALL
13:28:44 ORGANIZATION. MY LAST QUESTION, INITIATIVES
13:28:49 SUCH AS SMART HAPPENING IN THE TERRITORIES AND THE STATES, WE
13:28:53 HAVE A BIG TOYOTA MARKET IN THE VIRGIN ISLANDS.
13:28:56 I CAN'T TELL YOU SPECIFICALLY MANY THE VIRGIN ISLANDS, OUR
13:28:59 SMART TEAM HAS NOT BEEN REQUESTED TO GO, BUT AFTER YOUR
13:29:03 COMMENTS TODAY I WILL MAKE SURE JAPAN UNDERSTANDS IF THEY NEED
13:29:09 TECHNICAL EXPERTISE I KNOW ON THE ENGINEERING SIDE THAT THEY
13:29:15 COVER THE CARIBBEAN. OUR SMART TEAM DOES NOT OUTSIDE
13:29:20 OF PUERTO RICO UNDER TMS CONTROL.
13:29:23 PUERTO RICO COVERS THE U.S. VIRGIN ISLANDS.
13:29:25 THANK YOU. THANK YOU.
13:29:27 MR. BRALEY FOR QUESTIONS. THANK YOU.
13:29:30 WELCOME BACK. THANK YOU.
13:29:32 WE'LL EXPLORE IN MORE DETAIL TOYOTA'S RELATIONSHIP WITH
13:29:38 EXPONENT. WHEN YOU APPEARED ON SEPTEMBER
13:29:42 23, 2010 YOU SUBMITTED A WRITTEN STATEMENT.
13:29:44 YES. ON PAGE TWO YOU SAID WE ASKED
13:29:52 EXPONENT A WORLD CLASS CONSULTING FIRM TO CONDUCT A
13:29:56 COMPREHENSIVE INDEPENDENT ANALYSIS OF THE ELECTRONIC
13:29:59 THROTTLE CONTROL SYSTEM WITH AN UNLIMITED BUDGET.
13:30:02 DO YOU RECALL MAKING THAT STATEMENT.
13:30:06 YES, SIR. AT THE CONCLUSION I REQUESTED
13:30:07 A COPY OF ANY DOCUMENTS THAT WOULD VERIFY THE NATURE OF THE
13:30:12 RELATIONSHIP BETWEEN TOYOTA AND EXPONENT.
13:30:14 IN RESPONSE TO THAT REQUEST WE RECEIVED FROM YOUR ATTORNEYS
13:30:18 KING AND SPALDING A COPY OF A DOCUMENT LISTED AS ATTACHMENT A
13:30:23 WHICH WE'LL PUT ON THE SCREEN AND WHICH YOU HAVE IN FRONT OF
13:30:28 YOU. THIS IS AN AGREEMENT DATED
13:30:29 DECEMBER 7, 2009, BETWEEN JOEL SMITH AT BOWMAN AND BROOK LAW
13:30:36 FIRM IN SOUTH CAROLINA WITH EXPONENT.
13:30:38 WOULD YOU AGREE WITH THAT? YES.
13:30:40 AND UNDER THE TERM "SUBJECT" IT SAYS TOYOTA CLASS ACTIONS.
13:30:49 DO YOU SEE THAT? YES.
13:30:51 A CLASS ACTION IS A GROUP OF CLAIMS AGAINST A MANUFACTURER
13:30:54 THAT HAVE BEEN ACCUMULATED FOR THE PURPOSE OF PURSUING RELIEF.
13:30:58 DID I STATE THAT CORRECTLY? YES.
13:31:02 AND IN THE FIRST PARAGRAPH, IT SAYS DEAR JOEL AND IT
13:31:07 OUTLINES THE SCOPE OF SERVICES UNDER THE AGREEMENT.
13:31:10 IT SAYS OUR SCOPE OF SERVICES IS ANTICIPATED TO INCLUT
13:31:16 ENGINEERING SERVICES RELATED TO CLASS ACTIONS FILED AGAINST
13:31:21 TOYOTA. DO YOU SEE THAT?
13:31:23 YES. YOU WOULD AGREE CLASS ACTIONS
13:31:25 AGAINST TOYOTA ARE SEPARATE AND DISTINCT FROM AN INDEPENDENT
13:31:28 ANALYSIS OF WHAT'S CAUSING THIS PROBLEM?
13:31:30 I UNDERSTAND THAT. I CAN TELL YOU THAT --
13:31:33 LET ME GO ON TO THE REST OF THIS LETTER.
13:31:37 DOWN IN PARAGRAPH THREE IT SAYS -- AND THIS IS AN AGREEMENT
13:31:42 BETWEEN BOWMAN AND BROOK, A LAW FIRM IN CALIFORNIA AND EXPOEPT.
13:31:46 IT SAYS IT IS OUR UNDERSTANDING THAT EXPONENT'S RETENTION ON
13:31:50 THIS PROJECT IS SOLELY WITH YOUR ORGANIZATION AND THE
13:31:55 ORGANIZATION THAT EXPONENT IS REFERRING TO IS THE LAW FIRM OF
13:31:58 BOWMAN AND BROOKE. YOU WOULD AGREE WITH THAT?
13:32:01 YES. IT SAYS ALL CHARGES INCURRED
13:32:04 BY EXPOEPT ON THIS PROJECT AND THAT'S THE TOYOTA CLASS ACTION
13:32:08 PROJECT WILL BE THE RESPONSIBILITY OF BOWMAN &
13:32:12 BROOKE, INDEPENDENT OF OTHER PARTIES INVOLVED.
13:32:14 DO YOU SEE THAT? YES.
13:32:16 IT'S CLEAR WHEN EXPONENT WAS FIRST RETAINED THEY ENTERED INTO
13:32:21 AN AGREEMENT WITH A LAW FIRM IN SOUTH CAROLINA, NOT JUST WITH
13:32:24 TOYOTA DIRECTLY AND THE SUBJECT OF THE AGREEMENT WAS TO
13:32:29 INVESTIGATE CLASS ACTION CLAIMS AGAINST TOYOTA.
13:32:33 WE HEARD FROM ADMINISTRATOR STRICKLAND AND HE PUT THIS IN
13:32:37 PERSPECTIVE WHEN HE SAID THERE IS PREPARATION FOR LITIGATION
13:32:41 AND THERE IS SCIENTIFIC ANALYSIS SKISING OF A DETAILED ANALYSIS
13:32:45 OF THE CAUSE OF A PROBLEM AND c ELIMINATING IT.
13:32:49 YOU WOULD AGREE THERE IS A DISTINCTION?
13:32:51 I DON'T KNOW THAT FOR CERTAIN.
13:32:52 LET'S LOOK AT IT. WE ALSO RECEIVED AN ATTACHMENT
13:32:55 D, A SUMMARY OF WHAT EXPONENT HAD BEEN PAID BY TOYOTA OVER THE
13:33:00 YEARS AND IT SAYS THAT BETWEEN 2000 AND 2008 TOYOTA PAID
13:33:07 EXPONENT ABOUT 11 MILLION DOLLARS FOR CONSULTING SERVICES
13:33:10 AND DURING THE PERIOD BETWEEN 2004 AND 2009 IT WAS 9.1 MILLION
13:33:16 DOLLARS. THERE IS A STATEMENT HERE.
13:33:20 EXPONENT BELIEVES THE RESULT OF THE SEARCH PROVIDES A REASONABLE
13:33:26 GROSS REVENUES FROM TOYOTA BUT THEY KNOW IF THE AGREEMENT
13:33:29 DOESN'T REFER TO TOYOTA BY NAME IT MAY SHOW UP IN THE REVENUES.
13:33:33 IT'S CLEAR THAT TOYOTA PAID A SUBSTANTIAL AMOUNT OF MONEY TO
13:33:38 EXPONENT. MY QUESTION IS HOW CAN YOU CLAIM
13:33:42 THAT EXPONENT WAS RETAINED BY TOYOTA TO CONDUCT AN INDEPENDENT
13:33:48 INVESTIGATION WHEN THIS AGREEMENT WE HAVE BEEN PROVIDED
13:33:51 WITH MAKES IT CLEAR THAT THEY WERE RETAINED BY THE DEFENSE LAW
13:33:55 FIRM AND IT WAS FOR CONTESTED LITIGATION WHICH IS IN NO WAY
13:33:58 CONSIDERED AN INDEPENDENT ANALYSIS.
13:34:00 THAT IS HOW THE RELATIONSHIP BEGAN.
13:34:03 BUT AS THIS HAS EVOLVED -- WELL, AS OF THIS WEEK BEFORE
13:34:08 YOU CAME HERE YOU TESTIFIED THAT THEY WERE REPORTING THROUGH
13:34:15 PRODUCT LIABILITY ATTORNEYS THAT IT CHANGED THIS WEEK.
13:34:17 CORRECT. WE ALSO ASKED QUESTIONS FROM
13:34:19 TOYOTA AND RECEIVED RESPONSES. I WANT THOSE PUT UP ON THE
13:34:24 SCREEN. QUESTION AND REQUEST NUMBER 15.
13:34:26 IT SAYS THE OVERALL AMOUNT EXPONENT BILLED FOR WORK RELATED
13:34:31 TO TOYOTA SINCE E EXPONENT WAS RETAINED IN 2009 THE ANSWER THE
13:34:35 COMMITTEE RECEIVED WAS EXPONENT BILLED $3,330,552.36.
13:34:44 SO YOU INDICATED IN YOUR WRITTEN STATEMENT TODAY THAT EXPONENT
13:34:48 HAS ALREADY COMPLETED MORE THAN 11,000 HOURS OF TESTING AND
13:34:52 ANALYSIS. THAT MEANS THAT AT 11,000 HOURS
13:34:55 THAT THEY ARE BILLING ABOUT $302 AN HOUR FOR THIS INCREDIBLE
13:35:00 AMOUNT OF WORK THAT THEY HAVE DONE ON THE PROJECT.
13:35:02 I DON'T KNOW. I DON'T KNOW WHAT THE SPECIFIC
13:35:05 CONTRACT IS. ALL I CAN SAY IS I UNDERSTAND
13:35:12 THE PERCEPTION THAT THIS IS NOT A TRANSPARENT PROCESS.
13:35:15 YOU HAVE PROVIDED IN YOUR WRITTEN STATEMENT TODAY WITH THE
13:35:18 LETTER TO MR. SABAI WHO YOU HAVE INDICATED WILL BE COMMUNICATING
13:35:24 DIRECTLY WITH MR. SAINT ANGELO AND WHEN TOYOTA'S COUNSEL TALKED
13:35:28 TO COMMITTEE STAFF YESTERDAY THEY SAID THE LETTER TO EXPONENT
13:35:31 THAT YOU PROVIDED WITH YOUR ATTACHMENT DOES NOT CHANGE
13:35:36 EXPONENT'S CONTRACTUAL RELATIONSHIP WITH BOWMAN &
13:35:40 BROOKE. NOT YET.
13:35:41 IS IT YOUR UNDERSTANDING THAT IT WILL.
13:35:44 I DON'T KNOW THAT FOR A FACT. WILL YOU COMMIT TO THE
13:35:46 COMMITTEE TODAY THAT IF IT DOES YOU WILL PROVIDE US WITH ANY
13:35:50 DOCUMENTS THAT CHANGE THE RELATIONSHIP BETWEEN EXPONENT
13:35:53 AND BOWMAN & BROOKE OR TOYOTA AND ANY OF ITS VARIOUS ENTITIES
13:35:59 RELATED TO THE PROJECT THAT WE HAVE BEEN TALKING ABOUT DURING
13:36:01 THE TWO HEARINGS? ABSOLUTELY.
13:36:03 I SEE MY TIME IS EXPIRED. I WILL YIELD.
13:36:07 THANK YOU. WE WANTED TO GO ANOTHER ROUND OF
13:36:10 QUESTIONS BUT WE HAVE FOUR VOTES ON THE FLOOR, PLUS THE COMMITTEE
13:36:15 MARK-UP ON THE BILL ON THE NHTSA BILL AT 2:00.
13:36:21 WE'RE GOING TO CUT IT SHORT. BEFORE I GO, I WANTED TO GET
13:36:25 INTO QUESTIONS ABOUT THE POLLING BUT I CAN DO THAT IN WRITING.
13:36:29 I'LL FOLLOW THESE UP, BUT LAST TIME YOU WERE HERE IN FEBRUARY I
13:36:34 ASKED YOU ABOUT A LOT OF DISCUSSIONS ABOUT THE EVENT DATA
13:36:39 RECORDERS. YES.
13:36:40 WE RECEIVED NO INFORMATION YET OTHER THAN YOU PROVIDED
13:36:45 SOME. BUT I HAD ASKED, MR. RUSH AND
13:36:50 OTHERS ASKED SPECIFICALLY ABOUT THE NOVEMBER 27, 2009 ACCIDENT
13:36:54 INVOLVING A 2010 CAMRY IN AUBURN, NEW YORK.
13:36:57 I ASKED ABOUT DECEMBER 26, 2009 ACCIDENT IN SOUTH LAKE, TEXAS,
13:37:02 INVOLVING A 2008 TOYOTA AVALON. I ASKED ABOUT JEFF PEPSKI OF
13:37:09 MINNESOTA, 2007 LEXUS ES 350 ABOUT THEIR BLACK BOX RECORDER.
13:37:14 I ALSO ASKED AND QUESTIONED YOU ON THE FEBRUARY 20th, 2010
13:37:21 WASHINGTON POST ARTICLE ON THE CAMRY'S 2005.
13:37:25 IN FACT, THREE FATAL ACCIDENTS IN THE COURSE OF 2005.
13:37:29 CAMRY IS NOT SUBJECT TO ANY SUDDEN UNINTENDED ACCELERATION
13:37:34 THOUGH THE THREE FATAL ACCIDENTS DID.
13:37:37 WE ARE LOOKING FOR INFORMATION ON THE BLACK BOX RECORDERS.
13:37:40 I WILL FOLLOW UP IN WRITING. THAT AND OTHER QUESTIONS I HAVE.
13:37:43 I APOLOGIZE IF WE HAVEN'T SUBMITTED THAT TO YOU.
13:37:46 I CAN TELL YOU THAT THE BLACK BOX RECORDERS, WE HAVE LIVED UP
13:37:51 TO OUR COMMITMENT THAT WE HAVE 150 OF THE DEVICES, THE DATA
13:37:56 RETRIEVAL DEVICES IN THE MARKETPLACE.
13:38:01 I CAN ALSO TELL YOU -- CORRECT.
13:38:02 WE WANT TO KNOW WHAT THEY SAY. YEAH.
13:38:05 I CAN TELL YOU THEY WILL BE MADE COMMERCIALLY AVAILABLE BY ABOUT
13:38:08 SEPTEMBER OF 2011 TO MAKE IT MUCH MORE READILY AVAILABLE FOR
13:38:12 POLICE ACROSS THE UNITED STATES. AND CONSUMERS I HOPE.
13:38:15 CONSUMERS WILL HAVE ACCESS. THAT WILL BE PART OF THE BILL
13:38:19 TODAY. WE'LL FOLLOW UP.
13:38:23 QUICKLY, SIR. BEFORE YOU CLOSE, I WOULD ASK
13:38:25 THAT THE RESPONSE FROM KING AND SPALDING THAT WE RECEIVED ARE W
13:38:29 ALL THE RELEVANT ATTACHMENTS AND THE E-MAIL WE HAD ON THE SCREEN
13:38:35 DATED WEDNESDAY, MAY 19 WITH BE INCLUDED. ESTIONS 15 AND 16
13:38:39 NO PROBLEM AS LONG AS WE HAVE REDACTIONS ON SOME OF THE NAMES.
13:38:43 THAT WOULD BE THE ONLY THING I HAVE TO INSIST UPON.
13:38:45 OTHER THAN THAT, I HAVE NO OBJECTION.
13:38:48 DO YOU HAVE ANY OBJECTION AS LONG AS WE REDACT THE NAMES?
13:38:51 I HAVE A QUESTION FOR THE CHAIRMAN WHY WE WOULD REDACT
13:38:55 NAMES PROVIDED IN RESPONSE TO AN OFFICIAL REQUEST.
13:38:59 THAT'S THE POLICY IF THEY ARE NOT SUBJECT TO IT THE NAMES OF
13:39:02 THOSE ENGINEERS BY EXPONENT, THEIR NAMES DON'T NEED TO BE IN
13:39:05 THE PUBLIC RECORD. THE ONLY EXCEPTION I WOULD
13:39:09 REQUEST, MR. CHAIRMAN, IS THERE ARE PEOPLE -- MR. SABAI IS
13:39:14 LISTED AS THE FIRST PERSON IN THE INTEREST.
13:39:16 HE'S BEEN THE SUBJECT OF THE DISCUSSION AT THE HEARING AND
13:39:18 THERE IS NO QUESTION BASED ON THE LETTER THAT THE WITNESS HAS
13:39:23 PROVIDED THAT HIS NAME BE LEFT. CORRECT.
13:39:27 WITHOUT OBJECTION. SO THAT WILL BE INCLUDED WITH
13:39:30 THE REDACTIONS OF PROFESSIONAL ENGINEERS NOT SUBJECT TO OR
13:39:34 SIGNING THAT LETTER. THAT CONCLUDES --
13:39:37 MR. CHAIRMAN, JUST ONE OBSERVATION SINCE EVERYONE ELSE
13:39:41 HAS GONE OVER. ALL RIGHT.
13:39:42 YOU'RE GOING TO A MARK-UP. I AM NO LONGER ON THE
13:39:48 SUBCOMMITTEE, BUT YOU'RE GOING TO MARK UP LEGISLATION BUT WE
13:39:51 HAVEN'T FINISHED OUR WORK HERE THAT IS SUPPOSED TO INFLUENCE
13:39:56 LEGISLATION BEING MARKED UP THIS AFTERNOON.
13:39:59 THERE ARE HUGE HOLE THAT IS NEED TO BE FILLED WITH THE NEED TO
13:40:03 GET THIS DONE -- THE LEGISLATION WE ARE
13:40:06 MARKING UP DOESN'T JUST INCLUDE THE SUBJECT OF THIS HEARING.
13:40:09 THERE ARE ALSO OTHERS. THERE HAVE BEEN HEARINGS ON THE
13:40:14 LEGISLATION THAT WITNESSES HAVE TESTIFIED.
13:40:16 I KNOW YOU'RE NOT ON THE SUBCOMMITTEE.
13:40:18 WE DO THIS TIME AND AGAIN. I'M RECLAIMING MY TIME.
13:40:21 YOU DON'T HAVE ANY TIME. WE DID IT WITH CLEAN WATER
13:40:25 AND WE ARE DOING IT THIS AFTERNOON.
13:40:26 IT SEEM IT IS COMMITTEE SHOULD TAKE THINGS IN A METHODICAL WAY
13:40:30 AND NOT BE DOING THINGS IN A HAPHAZARD ARRANGEMENT THAT SEEMS
13:40:35 TO BE SO PREVALENT IN THE COMMITTEE.
13:40:37 THANK YOU. I WILL YIELD BACK.
13:40:39 YOU WILL HAVE A CHANCE TO VOICE THOSE OBJECTIONS WHEN IT
13:40:42 COMES TO FULL COMMITTEE. AS YOU KNOW WHEN IT GOES TO THE
13:40:45 SUBCOMMITTEE LEVEL IT MUST COME TO THE FULL COMMITTEE.
13:40:50 YOU WILL HAVE A CHANCE THEN. THAT CONCLUDES ALL QUESTIONING.
13:40:53 I WANT TO THANK OUR WITNESSES FOR COMING TODAY AND YOUR
13:40:56 TESTIMONY. THE COMMITTEE RULES PROVIDE
13:40:57 MEMBERS HAVE TEN DAYS TO SUBMIT QUESTIONS FOR THE RECORD.
13:41:02 I ASK THAT THE CONTENTS BE ENTERED INTO THE RECORD PROVIDED
13:41:06 THAT THE STAFF MAY REDACT AS IT RELATES TO PRIVACY CONCERNS.
13:41:13 THE DOCUMENTS WILL BE ENTERED IN THE RECORDS.
13:41:16 LET ME ACKNOWLEDGE TWO KEY STAFF PERSONS, ALAN TINDALE AND KAREN
13:41:22 CHRISTENSEN OF THE REPUBLICAN STAFF.
13:41:25 BOTH WOMEN ARE EXPECTING A CHILD SOON.
13:41:27 WE APPRECIATE THEIR WORK ON THIS HEARING AND PREVIOUS HEARINGS
13:41:30 FOR THE COMMITTEE AND OUR SUBCOMMITTEE.
13:41:32 WE WISH THEM WELL IN THE COMING DAYS AND WEEKS AHEAD AS THEY
13:41:36 TRANSITION FROM WORK EXHAUSTION TO CHILDBIRTH EXHAUSTION.
13:41:40 THAT WILL CONCLUDE OUR HEARING. THIS MEETING IS ADJOURNED.