NHTSA owner reports · September 18, 2026 snapshot.
What owners actually said
137 reports85,000 miles · Oct 20, 2016
Electronic Stability Control (esc)EngineVehicle Speed Control
WHILE DRIVING WESTBOUND ON THE MUSKOGEE TURNPIKE (HWY 351), AT MILE MARKER 20, THE CRUISE CONTROL SHUT OFF, VEHICLE STABILITY ICON CAME ON, CHECK ENGINE LIGHT BEGAN FLASHING. THE CAR ALSO LOST POWER AND RAN ROUGH. PULLED OVER, SHUT OFF VEHICLE. AFTER RESTARTING, THE CAR RAN FINE. THIS HAS HAPPENED TWICE, OCTOBER 3RD AND OCTO…
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WHILE DRIVING WESTBOUND ON THE MUSKOGEE TURNPIKE (HWY 351), AT MILE MARKER 20, THE CRUISE CONTROL SHUT OFF, VEHICLE STABILITY ICON CAME ON, CHECK ENGINE LIGHT BEGAN FLASHING. THE CAR ALSO LOST POWER AND RAN ROUGH. PULLED OVER, SHUT OFF VEHICLE. AFTER RESTARTING, THE CAR RAN FINE. THIS HAS HAPPENED TWICE, OCTOBER 3RD AND OCTOBER 17TH IN 2016. THIS VEHICLE IS EQUIPPED WITH A KEYLESS REMOTE. ADDITIONALLY, THIS HAPPENED NEXT TO A CELL PHONE TOWER ON THE NORTH SIDE OF THE HIGHWAY. IT DOES NOT OCCUR WHILE TRAVELING THE OPPOSITE DIRECTION ON THE HIGHWAY. *TR
NHTSA ODI #10917703
20,000 miles · Sep 12, 2016
Vehicle Speed Control
DYNAMIC CRUISE CONTROL TURN ITSELF OFF OR APPLIES BRAKES THIS HAS HAPPENED MULTIPLE TIMES ON TANGENT SECTIONS WITH NO VEHICLES IN FRONT - HIGHWAY SPEED (70 MPH). THERE IS A SERIES OF BEEPS AND THE CAR SLOWS GRADUALLY OR ABRUPTLY. DASHBOARD INDICATOR SHOWS THERE IS A VEHICLE IN FRONT BUT NO VEHICLE IS PRESENT - FALSE POSITIV…
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DYNAMIC CRUISE CONTROL TURN ITSELF OFF OR APPLIES BRAKES THIS HAS HAPPENED MULTIPLE TIMES ON TANGENT SECTIONS WITH NO VEHICLES IN FRONT - HIGHWAY SPEED (70 MPH). THERE IS A SERIES OF BEEPS AND THE CAR SLOWS GRADUALLY OR ABRUPTLY. DASHBOARD INDICATOR SHOWS THERE IS A VEHICLE IN FRONT BUT NO VEHICLE IS PRESENT - FALSE POSITIVE. TOOK VEHICLE TO TOYOTA DEALER AND HE STATED THAT WHEN PCS WAS DISABLED IT WOULD REMEDY THE PROBLEM. IT DID NOT. RETURNED TO TOYOTA DEALER - HE CHECKED WITH TOYOTA CORPORATE AND THEY HAVE NO RECORD OF ANY PROBLEMS LIKE THIS. PROBLEM NORMALLY OCCURS ON LONGER TRIPS AFTER DRIVING 2-3 HOURS. DYNAMIC CRUISE CANNOT BE RESET FOR AN HOUR OR TWO. YOU MUST EITHER DRIVE MANUALLY OR USE NORMAL CRUISE CONTROL MODE FOR AN HOUR OR TWO AND THEN YOU CAN RETURN TO DYNAMIC CRUISE CONTROL. ERROR HAS NOW OCCURED AT LEAST 6 TIMES SINCE PCS HAS BEEN DISABLED AND 3X BEFORE IT WAS DISABLED. DATE BELOW IS THE LATEST OCCURENCE.
NHTSA ODI #10905948
45,000 miles · Aug 9, 2016
Vehicle Speed Control
IN 2013 I BOUGHT A TOYOTA AVALON LIMITED SEDAN. BEFORE THE FACTORY WARRANTY WAS EXPIRED, A CLIP HOLDING THE DRIVERS FLOOR MAT IN PLACE BROKE. I TOOK IT INTO THE DEALERSHIP AND WAS TOLD IT WAS NOT COVERED AND THE REASON IT WAS NOT IS BECAUSE 'I AM GETTING IN AND OUT OF MY CAR THE WRONG WAY' THEY PUT THE CLIP BACK IN BUT DID NOT…
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IN 2013 I BOUGHT A TOYOTA AVALON LIMITED SEDAN. BEFORE THE FACTORY WARRANTY WAS EXPIRED, A CLIP HOLDING THE DRIVERS FLOOR MAT IN PLACE BROKE. I TOOK IT INTO THE DEALERSHIP AND WAS TOLD IT WAS NOT COVERED AND THE REASON IT WAS NOT IS BECAUSE 'I AM GETTING IN AND OUT OF MY CAR THE WRONG WAY' THEY PUT THE CLIP BACK IN BUT DID NOT REPAIR THE UNDERLYING CARPET ISSUE. I ASKED FOR THEM TO SHOW ME A WRITTEN MANUAL OR TO AT LEAST DEMONSTRATE WHAT IT IS I WAS DOING WRONG AND I ALSO ASKED IF THEY WERE WATCHING ME GET IN AND OUT OF MY CAR FOR THEM TO HAVE THIS INFORMATION. THEY WERE UNABLE TO ANSWER ANY OF THESE QUESTIONS BUT STILL REFUSED TO FIX THE ISSUE. FLASH FORWARD AND I GET A PRE-COLLISION SYSTEM RECALL. TOYOTA HAS NO SOLUTION SO THEY TURN OFF THE ENTIRE SYSTEM. NOW I HAVE NO COLLISION MITIGATION WHEN THE FLOOR MAT CLIP COMES LOSE AGAIN. THE MAT IS UNDER THE BREAK PEDAL AND I CANNOT FULLY DEPRESS THE BRAKE PEDAL. THE PRE-COLLISION SYSTEM IS TURNED OFF SO NO HELP THERE. I MANAGED TO REACH DOWN AND PULL THE FLOOR MAT OUT FROM UNDER THE BRAKE PEDAL AND STOP INCHED AWAY FROM ANOTHER VEHICLE. I FEEL THAT TOYOTA HAS NEEDLESSLY PUT MY WELFARE AT RISK AND TRIED TO BLAME ME, AND THE WAY I INGRESS AND EGRESS THE VEHICLE, ADDITIONALLY IT HAS BEEN NEARLY A YEAR SINCE THEY TURNED OFF MY PRE-COLLISION SYSTEM. I PAID $4000 IN UPGRADE FEES TO GET THAT SYSTEM.
NHTSA ODI #10894274
Mileage unknown · Aug 5, 2016
Unknown Or Other
PCS RECALL NOV 2015. VEHICLE TAKEN IN AND TEMPORARY BYPASS MADE (5 FEB 2016). RECEIVED WORD IN JUNE THAT A FIX WAS AVAILABLE. WAS TOLD PARTS NOT AVAILABLE. IT IS AUG AND PARTS STILL NOT AVAILABLE. SINCE THIS IS A SAFETY ISSUE I WAS TOLD NOT TO TAKE LONG TRIPS UNTIL IT IS FIXED. UNACCEPTABLE
NHTSA ODI #10893410
26,400 miles · Jul 6, 2016
Unknown Or Other
DRIVING FROM PA TO NC.ON RT13 IN SEAFORD, DE, DRIVING SPEED LIMIT HEARD LOUD BANG. SUNROOF EXPLODED & CRACKED FROM INSIDE.DROVE TO 1ST AUTO GARAGE, THEY SAID WE WERE 2ND TOYOTA THIS WEEK WITH CRACKED SUNROOF. THEY GAVE US A ROLL OF DUCT TAPE, TO GET US THROUGH THE MONSOON. TOYOTA CORP RECOMMENDED GOING TO DEALER FOR EVALUATION A…
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DRIVING FROM PA TO NC.ON RT13 IN SEAFORD, DE, DRIVING SPEED LIMIT HEARD LOUD BANG. SUNROOF EXPLODED & CRACKED FROM INSIDE.DROVE TO 1ST AUTO GARAGE, THEY SAID WE WERE 2ND TOYOTA THIS WEEK WITH CRACKED SUNROOF. THEY GAVE US A ROLL OF DUCT TAPE, TO GET US THROUGH THE MONSOON. TOYOTA CORP RECOMMENDED GOING TO DEALER FOR EVALUATION AS TO HOW THIS HAPPENED. HAVE TO WAIT 2 DAYS FOR APPOINTMENT. MY OLD AVALON HAS MADE MANY LONG TRIPS WITHOUT ANY PROBLEM. THIS NEW CAR HAS DEFINITELY NOT BEEN MADE WELL. I AM VERY DISAPPOINTED.
NHTSA ODI #10882882
45,454 miles · Jun 24, 2016
Structure
TL* THE CONTACT OWNS A 2013 TOYOTA AVALON. WHILE DRIVING APPROXIMATELY 15 MPH AND ATTEMPTING TO SLOW DOWN, THE FLOORMAT BECAME STUCK UNDER THE BRAKE PEDAL AND PREVENTED IT FROM BEING DEPRESSED. THE CONTACT STATED THAT THE VEHICLE WAS REPAIRED FOR THE SAME FAILURE IN 2014 AND THE REMEDY WAS TO ADD TWO CLIPS TO THE FLOORMAT. ONE O…
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TL* THE CONTACT OWNS A 2013 TOYOTA AVALON. WHILE DRIVING APPROXIMATELY 15 MPH AND ATTEMPTING TO SLOW DOWN, THE FLOORMAT BECAME STUCK UNDER THE BRAKE PEDAL AND PREVENTED IT FROM BEING DEPRESSED. THE CONTACT STATED THAT THE VEHICLE WAS REPAIRED FOR THE SAME FAILURE IN 2014 AND THE REMEDY WAS TO ADD TWO CLIPS TO THE FLOORMAT. ONE OF THE CLIPS WAS FRACTURED DURING THE RECENT FAILURE. THE DEALER STATED THAT THERE WAS NO RECALL FOR THE FAILURE AND THE CARPET SHOULD BE REPLACED. THE MANUFACTURER REFUSED TO REPLACE THE CARPET. THE VEHICLE WAS NOT REPAIRED. THE MANUFACTURER WAS NOTIFIED OF THE FAILURE. THE APPROXIMATE FAILURE MILEAGE WAS 45,454.
NHTSA ODI #10876489
Mileage unknown · May 25, 2016
Forward Collision Avoidance
TL* THE CONTACT OWNS A 2013 TOYOTA AVALON. THE CONTACT RECEIVED NOTIFICATION OF NHTSA CAMPAIGN NUMBER: 15V728000 (FORWARD COLLISION AVOIDANCE) AND STATED THAT THE PART FOR THE REPAIR WAS NOT AVAILABLE. THE CONTACT STATED THAT THE MANUFACTURER EXCEEDED A REASONABLE AMOUNT OF TIME FOR THE RECALL REPAIR. THE MANUFACTURER WAS MADE A…
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TL* THE CONTACT OWNS A 2013 TOYOTA AVALON. THE CONTACT RECEIVED NOTIFICATION OF NHTSA CAMPAIGN NUMBER: 15V728000 (FORWARD COLLISION AVOIDANCE) AND STATED THAT THE PART FOR THE REPAIR WAS NOT AVAILABLE. THE CONTACT STATED THAT THE MANUFACTURER EXCEEDED A REASONABLE AMOUNT OF TIME FOR THE RECALL REPAIR. THE MANUFACTURER WAS MADE AWARE OF THE ISSUE. THE CONTACT HAD NOT EXPERIENCED A FAILURE. PART DISTRIBUTION DISCONNECT.
NHTSA ODI #10870779
Mileage unknown · May 16, 2016
Forward Collision Avoidance
TL* THE CONTACT OWNS A 2013 TOYOTA AVALON. THE CONTACT RECEIVED A RECALL NOTIFICATION FOR NHTSA CAMPAIGN NUMBER: 15V728000 (FORWARD COLLISION AVOIDANCE); HOWEVER, THE PARTS NEEDED WERE NOT AVAILABLE. THE CONTACT BELIEVED THAT THE MANUFACTURER EXCEEDED A REASONABLE AMOUNT OF TIME TO PROVIDE THE RECALL REPAIR. THE DEALER INSPECTED…
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TL* THE CONTACT OWNS A 2013 TOYOTA AVALON. THE CONTACT RECEIVED A RECALL NOTIFICATION FOR NHTSA CAMPAIGN NUMBER: 15V728000 (FORWARD COLLISION AVOIDANCE); HOWEVER, THE PARTS NEEDED WERE NOT AVAILABLE. THE CONTACT BELIEVED THAT THE MANUFACTURER EXCEEDED A REASONABLE AMOUNT OF TIME TO PROVIDE THE RECALL REPAIR. THE DEALER INSPECTED THE VEHICLE AND PERFORMED THE TEMPORARY REMEDY. THE MANUFACTURER WAS MADE AWARE OF THE DELAY. THE CONTACT HAD NOT EXPERIENCED A FAILURE.
NHTSA ODI #10865086
70,000 miles · May 15, 2016
Unknown Or Other
IN NOV 2015 TOYOTA ISSUED SAFETY RECALL FOR PRE-COLLISON SYTEM ON 2013-2015 AVALONS. SIX MONTHS LATER TOYOTA STILL HAS NO SOLUTION. TOYOTA HAS PCS SYSTEMS IN OTHER CARS SO SOLUTION SHOULD BE AVAILABLE.
NHTSA ODI #10864979
Mileage unknown · May 3, 2016
Vehicle Speed Control
TOYOTA HAS FAILED TO REMEDY NHTSA RECALL: 15V728 WITH A REASONABLE TIME .INTERIM SAFETY RECALL NOTICE WAS IN NOV 2015.
NHTSA ODI #10862749
Official recalls
4Jan 17, 2020
Toyota Motor Engineering & Manufacturing (Toyota) is recalling certain 2011-2019 Corolla, 2011-2013 Matrix, 2012-2018 Avalon, and 2013-2018 Avalon Hybrid vehicles. During certain crashes, the air bag electronic control unit (ECU) may malfunction, possibly disabling the deployment of the air bags and/or seat belt pretensioners.
Consequence & remedy
Consequence: In the event of a crash, air bags and/or seat belt pretensioners that do not deploy as intended may increase the risk of injury.
Remedy: Toyota will notify owners, and dealers will inspect the ECU and install a noise filter between the air bag control module and its wire harness, as necessary, free of charge. Owners were notified of the safety risk beginning March 2, 2020. A second letter notifying owners of the remedy repair will be mailed between March 16, 2020 and June 27, 2020. Owners may contact Toyota customer service at 1-888-270-9371. Toyota's numbers for this recall are 20TB03, 20TA03 and 20TA05.
Nov 3, 2015
Toyota Motor Engineering & Manufacturing (Toyota) is recalling certain model year 2013-2015 Avalon and Avalon Hybrid vehicles manufactured October 19, 2012 to October 27, 2015 and 2013-2015 Lexus ES350 and ES300h vehicles manufactured June 18, 2012 to July 6, 2015. The affected vehicles are equipped with a Pre-Collision System (PCS) as optional equipment. In these vehicles, the PCS may unexpectedly activate and apply the brakes when the radar detects a steel joint or plate in the roadway as an object.
Consequence & remedy
Consequence: A vehicle that unexpectedly brakes increases the risk of a crash.
Remedy: Toyota will notify owners, and dealers will replace certain PCS components, free of charge. The recall began on July 28, 2016. Owners may contact Toyota at 1-888-270-9371. Toyota's numbers for this campaign are F1V and F2E.
Oct 17, 2013
Toyota is recalling certain model year 2012-2013 Avalon, Avalon HV, Venza, Camry, and Camry HV vehicles. In the affected vehicles, the drain hose for the air conditioning condenser may become clogged causing water to accumulate at the bottom of the air conditioning condenser unit housing. The accumulated water may then leak through a seam in the housing onto the air bag control module potentially resulting in a short circuit of the module.
Consequence & remedy
Consequence: A short circuit may cause the air bags to become disabled or inadvertently deploy. An inadvertent airbag deployment can increase the risk of injury or the possibility of a crash. An inoperative airbag can increase the risk of injury in a severe crash. The power steering assist could also become inoperable resulting in increased steering effort and can increase the risk of a crash at low speeds.
Remedy: Toyota will notify owners, and dealers will seal the air conditioning condenser unit housing and install a protective cover on the airbag control module, free of charge. The recall began on February 5, 2014. Owners may contact Toyota at 1-800-331-4331.
Additional source detail variants (3)
Equipment:appliance:air Conditioner
Toyota is recalling certain model year 2012-2013 Avalon, Avalon HV, Venza, Camry, and Camry HV vehicles. In the affected vehicles, the drain hose for the air conditioning condenser may become clogged causing water to accumulate at the bottom of the air conditioning condenser unit housing. The accumulated water may then leak through a seam in the housing onto the air bag control module potentially resulting in a short circuit of the module.
Consequence: A short circuit may cause the air bags to become disabled or inadvertently deploy. An inadvertent airbag deployment can increase the risk of injury or the possibility of a crash. An inoperative airbag can increase the risk of injury in a severe crash. The power steering assist could also become inoperable resulting in increased steering effort and can increase the risk of a crash at low speeds.
Remedy: Toyota will notify owners, and dealers will seal the air conditioning condenser unit housing and install a protective cover on the airbag control module, free of charge. The recall began on February 5, 2014. Owners may contact Toyota at 1-800-331-4331.
Air Bags
Toyota is recalling certain model year 2012-2013 Avalon, Avalon HV, Venza, Camry, and Camry HV vehicles. In the affected vehicles, the drain hose for the air conditioning condenser may become clogged causing water to accumulate at the bottom of the air conditioning condenser unit housing. The accumulated water may then leak through a seam in the housing onto the air bag control module potentially resulting in a short circuit of the module.
Consequence: A short circuit may cause the air bags to become disabled or inadvertently deploy. An inadvertent airbag deployment can increase the risk of injury or the possibility of a crash. An inoperative airbag can increase the risk of injury in a severe crash. The power steering assist could also become inoperable resulting in increased steering effort and can increase the risk of a crash at low speeds.
Remedy: Toyota will notify owners, and dealers will seal the air conditioning condenser unit housing and install a protective cover on the airbag control module, free of charge. The recall began on February 5, 2014. Owners may contact Toyota at 1-800-331-4331.
Electrical System
Toyota is recalling certain model year 2012-2013 Avalon, Avalon HV, Venza, Camry, and Camry HV vehicles. In the affected vehicles, the drain hose for the air conditioning condenser may become clogged causing water to accumulate at the bottom of the air conditioning condenser unit housing. The accumulated water may then leak through a seam in the housing onto the air bag control module potentially resulting in a short circuit of the module.
Consequence: A short circuit may cause the air bags to become disabled or inadvertently deploy. An inadvertent airbag deployment can increase the risk of injury or the possibility of a crash. An inoperative airbag can increase the risk of injury in a severe crash. The power steering assist could also become inoperable resulting in increased steering effort and can increase the risk of a crash at low speeds.
Remedy: Toyota will notify owners, and dealers will seal the air conditioning condenser unit housing and install a protective cover on the airbag control module, free of charge. The recall began on February 5, 2014. Owners may contact Toyota at 1-800-331-4331.
Oct 17, 2013
Toyota Motor Engineering & manufacturing North America, Inc. (Toyota) is recalling certain model year 2013-2014 Camry and Camry HV, model year 2013 Avalon and Avalon HV and model year 2014 Corolla vehicles. In the affected vehicles, the windshield wiper switch assembly may short circuit. As such, these vehicles fail to conform to the requirements of Federal Motor Vehicle Safety Standard, No. 104, "Windshield Wiping and Washing Systems."
Consequence & remedy
Consequence: A short circuit could cause inoperative windshield wipers, reducing driver visibility and increasing the risk of a crash.
Remedy: Toyota will notify owners, and dealers will replace the wiper switch assembly, free of charge. The recall began on November 8, 2013. Owners may contact Toyota at 1-800-331-4331.
Model-level recall history does not show whether a particular VIN is affected or has received a repair. Check a VIN with NHTSA ↗
NHTSA investigations
1EA19001 · Electrical Overstress
Opened Apr 19, 2019 · Closed Sep 19, 2024
Status: closed (inferred from source dates) · Air Bags: Air Bag/restraint Control Module
The Office of Defects Investigation (ODI) opened this investigation to determine if the failure of airbags to deploy during severe crashes, in certain vehicles, was the result of a safety related defect. During the investigation a complex failure was studied that can result in non-deployment of subject vehicle air bags and other restraint system devices in severe crash events. The subject vehicles may be equipped with an airbag control unit (ACU) for the supplemental restraint system (SRS) Electronic Control Unit (ECU) manufactured by ZF-TRW. The ECU receives signals from crash sensors mounted in the vehicle and deploys the vehicle air bags and seat belt pretensioners in accordance with manufacturer design specifications. The ECU in the subject vehicles contains a model DS84 application-specific integrated circuit (ASIC) which controls the communication of the crash sensor signal, firing commands (i.e., when to deploy the airbag(s) and/or pretensioners), and fault information (e.g., diagnostic trouble codes). In September 2016, FCA announced recall 16V-668 for certain model year (MY) 2010 to 2014 Chrysler, Dodge and Jeep products manufactured with the subject ZF-TRW ACU. In this recall, FCA discussed an EOS condition that resulted in a failure of the subject DS84 ASIC, which caused air bag non-deployment. FCA noted that the defect condition had only been observed in vehicles equipped with sensor harnessing routed across the front of the vehicle. Other FCA vehicles that also used the subject ACU, but were not equipped with cross-car harnessing, had not experienced EOS failures, despite similar time in service. During the course of this investigation, ODI sent two separate Information Request (IR) letters to six vehicle manufactures (including FCA, Hyundai, Honda, Kia, Mitsubishi, and Toyota) and one IR letter to ZF-TRW. These IR letters resulted in ODI receiving comprehensive data from these manufacturers and suppliers. Studies of this data found that the DS84 ASIC does not have sufficient protection against negative electrical transients or electrical overstress (“EOS”) that can be generated in certain severe crashes. An electrical transient occurs when the electrical power supplied to a circuit changes momentarily over a short duration of time. In these severe crash cases, the crash sensors and other powered wiring can be damaged and short circuited so as to create a negative electrical transient of sufficient intensity and duration (that are outside the vehicle manufacturer's specification) to damage the ASIC before the restraint device deployment signal is received by the SRS ECU. This damaged signal can lead to incomplete or nondeployment of the air bags and/or pretensioners. Airbag non-deployment and/or lack of pretensioner operation can increase the risk or severity of injury in a crash.A total of 8 fatalities and 14 injuries were associated with known EOS events. The common element in all investigated manufacturers vehicles is the SRS ECU containing a DS84 ASIC manufactured by ZF-TRW. The risk associated with the ASIC is equally shared among all OEMS involved in the investigation. The actual real-world risk can be mitigated by other factors which were assessed by ODI during this investigation. The first mitigating factor involves protections built into the ACU design which protect the DS84 ASIC from damage. There are multiple strategies and levels of protection employed by different OEMs that provide effective EOS mitigation. The two most common strategies at the ACU level are circuit protection diodes on the remote senor signal lines, and current limiting resistors that protect critical components. The second mitigating factor is found at the vehicle level and involves the location and routing of the wires leading from the crash sensors to the SRS ECU. If the wires are well protected in a crash and are not routed with other power wires carrying large currents, the risk for an EOS event is significantly reduced or eliminated. These design specific factors combine to produce a spectrum of risk for the vehicles equipped with ACUs using the DS84 ASIC. Given the many of years of field exposure, it is possible to divide the subject population into two groups; vehicles which have experienced EOS events, and vehicles which have not experienced EOS field events. Four of the six OEMs involved in this investigation have experienced EOS field events on at least one of their models equipped with a DS84 ASIC. All vehicle models (including the Toyota models identified in the Failure Report Summary of the opening resume for this investigation) with field events have been recalled. In an abundance of caution, ODI kept this investigation open five years to monitor field performance and did not identify any field events on vehicles not included in existing safety recalls. Given the spectrum of risk identified in this investigation and that all vehicles with a demonstrated unreasonable risk have been recalled, ODI is closing this investigation. ODI is closing this investigation with the following manufacturer safety recalls: 16V-668, 18E-043, 18V-137, 18V-363, and 20V-024. With the recall actions taken by the subject vehicle and equipment manufacturers, this investigation is closed. The closing of this investigation does not constitute a finding by NHTSA that a safety-related defect does not exists on other model or model year vehicles outside of the recall scopes. The agency reserves the right to take further action if warranted by the circumstances.