Mercedes-Benz audit query AQ18004
Recall Administration Concerns. NHTSA’s Office of Defects Investigation opened this audit query about the unknown or other. Opened Oct 22, 2018, closed Jun 1, 2020 after 19 months without a recall. closed
What NHTSA says
Source: Office of Defects Investigation, as filedThe National Highway Traffic Safety Administration (NHTSA) and Mercedes-Benz USA LLC (MBUSA) entered a settlement agreement on December 17, 2019 to resolve NHTSA Audit Query number 18-004 (AQ18-004). Notwithstanding MBUSA's explanations and positions, NHTSA determined the following: owner letters for six recalls were mailed beyond the sixty-day deadline from the Part 573 report date; in twenty-two recalls, the final issued copies of owner's letters were not uploaded within the required 5-day time frame; six quarterly reports involving four recalls were not submitted according to the schedule set forth in 49 CFR 573.7(d); fourteen recalls were not updated when owner letter launch dates became available, as required in 49 CFR 573.6(a); and for recalls 18V-405 and 18V-610 NHTSA alleges that MBUSA did not submit the Part 573 report within five business days of when it knew or should have known that the noncompliance existed. NHTSA also raised concerns with MBUSA regarding the efficacy of MBUSA's VIN Lookup Tool with the requirements contained in 49 CFR 573.15. MBUSA has responded, both in writing and through subsequent meetings to all the concerns mentioned above and committed to addressing these concerns moving forward. As part of the settlement agreement, MBUSA agreed to a total civil penalty of $20 million, with $13 million to be paid within 45 days of the effective date of the settlement agreement. Failure to comply with the terms of the settlement agreement will result in portions of the $7 million in abeyance funds coming due. NHTSA acknowledged the efforts made by MBUSA to improve their recall administration, including making substantial financial investments into a new automated recall management tool, and hiring and training personnel. The settlement agreement details how both parties will move forward with quarterly assessment meetings, and address any issues with timely communication. Based on the Settlement Agreement this audit query investigation, AQ18-004, is closed. Closure of this AQ has no bearing on the terms of the Settlement Agreement, including MBUSA's ongoing performance obligations or legal obligations, and does not represent a determination by NHTSA as to MBUSA's performance under the settlement agreement to date.
A Audit Query is an audit of the manufacturer's own reporting obligations — early-warning data, recall notices, remedy — rather than of a vehicle condition. The summary is the agency’s own text from its investigation file, unedited; the opening and closing resumes with the full reasoning are on NHTSA’s site under this number.
What this means for an owner
Source: and what happens nextAn investigation is not a finding that a defect exists, and it puts no duty on anyone. NHTSA opens a Preliminary Evaluation when complaints and other reports suggest a condition worth asking the manufacturer about; it upgrades to an Engineering Analysis when the answers warrant testing; it closes either when it recommends a recall, when the manufacturer recalls on its own, or when no defect trend is found. The agency’s own goals are about four months for a petition, eight for a Preliminary Evaluation or a Recall Query and eighteen for an Engineering Analysis; many run longer.
This one is closed. A audit query ends with NHTSA’s finding on the recall it examined — the remedy stands, is widened, or a new campaign follows; the file names the recall it concerned and NHTSA’s closing resume carries the reasoning.
Model years it names
Source: as NHTSA filed themNHTSA filed this action against Mercedes-Benz USA, LLC without naming a model year — an equipment or manufacturer-level query.
Common questions
Source: NHTSA Office of Defects InvestigationIs AQ18004 a recall?
No. A audit query is NHTSA asking questions, not a recall. A safety recall carries an NHTSA campaign number and a duty to repair for free; this one closed without one. Whether one particular vehicle has an open recall is a VIN question at nhtsa.gov/recalls.
Is AQ18004 still open?
No. It closed on Jun 1, 2020 without a recall.
Which vehicles does AQ18004 cover?
NHTSA filed it against Mercedes-Benz USA, LLC without naming a model year.