Lexus defect petition DP15005
Low-speed surging. NHTSA’s Office of Defects Investigation opened this defect petition about the vehicle speed control on 1 model year (2009). Opened Jul 9, 2015, closed Aug 19, 2015 after 41 days without a recall. closed
What NHTSA says
Source: Office of Defects Investigation, as filedThe Agency received a petition on June 19, 2015, requesting an investigation into low-speed surging in different models of Toyota automobiles in which the car starts accelerating and the engine RPM increases even when the accelerator pedal is not depressed. The petition is based upon the petitioner's interpretation of pre-crash Event Data Recorder (EDR) data from a crash his wife experienced in a model year (MY) 2009 Lexus ES350 vehicle and from two other crashes involving a MY 2010 Toyota Corolla and a MY 2009 Toyota Camry. The petitioner's allegations regarding the three crashes are based upon several misconceptions about the manner in which the EDR samples and records pre-crash data in the ES350, Corolla and Camry vehicles. In each of the three crashes, the vehicles accelerated as the drivers were attempting to park the vehicles. All three accelerations occurred as the vehicles were entering the intended parking spaces and in the times and positions where driver braking should be initiated to safely park the vehicles. No braking was recorded in two of the crash events until the EDR trigger point (t = 0 seconds) and in the third crash no braking was recorded at all. The crashes are all consistent with pedal misapplications by the driver mistaking the accelerator pedal for the brake when attempting to park the vehicle. In addition, contrary to the petitioner's assertion regarding previous studies by NHTSA and NASA, the issues raised in the petition are fully within the scope of prior studies which have carefully examined the subject of low-speed sudden acceleration in Toyota vehicles equipped with electronic throttle control. Taking into account the allocation of agency resources, agency priorities, and the likelihood that an additional investigation would not result in a finding that a defect related to motor vehicle safety exists, NHTSA has concluded that further investigation of the issues raised by the petition is not warranted. The agency accordingly has denied the petition. The official petition denial, as published in the Federal Register, is available in the document file for this defect petition, as well as copies of reference material related to the denial.
A Defect Petition is a petition from a member of the public asking NHTSA to open a defect investigation; the agency grants or denies it and publishes the reasons. 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 closed without a recall. That means NHTSA found no defect trend it chose to act on at the time, or the manufacturer addressed the condition another way (a service campaign or a bulletin, which have their own pages). A closed file can be reopened if new reports arrive.
Model years it names
Source: as NHTSA filed themAlso named: 2009 Lexus ES350.
A vehicle page’s investigation list carries the same action; a name here is the scope NHTSA opened, not a list of affected VINs.
Common questions
Source: NHTSA Office of Defects InvestigationIs DP15005 a recall?
No. A defect petition 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 DP15005 still open?
No. It closed on Aug 19, 2015 without a recall.
Which vehicles does DP15005 cover?
NHTSA opened it on 1 model year: 2009 Lexus ES350. That is the scope of the inquiry, not a list of affected vehicles; a recall, if one follows, defines its own population by VIN.