National Post

Hyundai, Kia agree to US$210M U.S. safety civil penalty

- DAVID SHEPARDSON

• Hyundai Motor Co. and Kia Motors’ U. S. units on Friday agreed to a record US$ 210- million civil penalty after U. S. auto safety regulators said they failed to recall 1.6 million vehicles for engine issues in a timely fashion.

The U. S. National Highway Traffic Safety Administra­tion ( NHTSA) said the two affiliated Korean automakers agreed to consent orders after it said they had inaccurate­ly reported some informatio­n to the agency regarding the recalls.

Hyundai agreed to a total civil penalty of US$ 140 million, including an upfront payment of US$ 54 million, an obligation to spend US$40 million on safety performanc­e measures, and an additional US$ 46- million deferred penalty if it does not meet requiremen­ts.

Kia’s civil penalty totals US$70 million, including an upfront payment of US$ 27 million, requiremen­ts to spend US$ 16 million on specified safety measures and a potential US$ 27- million deferred penalty.

“It’s critical that manufactur­ers appropriat­ely recognize the urgency of their safety recall responsibi­lities and provide timely and candid informatio­n to the agency about all safety issues,” said NHTSA Deputy Administra­tor James Owens.

The settlement covers recalls in 2015 and 2017 for manufactur­ing issues that could lead to bearing wear and engine failure.

As part of the settlement, Hyundai is investing US$ 40 million to build a safety field test and inspection laboratory in the United States and implementi­ng new IT systems to better analyze safety data.

“We are taking immediate action to enhance our response to potential safety concerns,” said Brian Latouf, chief safety officer, Hyundai Motor North America.

Kia said in statement it “denied the allegation­s but agreed to settle the matter to avoid a protracted dispute with the government.” It added it has agreed “to restructur­e and transfer the department­s responsibl­e for recall determinat­ions to the United States.”

In August 2014, Hyundai agreed to pay a US$ 17.35- million fine to settle an NHTSA investigat­ion that it delayed the recall of 43,500 Genesis cars to fix a brake defect linked to two injuries. NHTSA said in 2014 Hyundai “must change the way they deal with safety-related defects.”

Kia agreed to create a new U.S. safety office headed by a chief safety officer and each automaker will retain an independen­t, third- party auditor who will directly report to NHTSA and will conduct a comprehens­ive review of the company’s safety practices.

Hyundai’s consent order will last three years, while Kia’s is for two years, but both can be extended by one year.

The 2015 and 2017 recalls involved the 2011-2014 Hyundai Sonata and 20132014 Santa Fe Sport vehicles, while Kia did not recall the vehicles until 2017, when it called back the 2011- 2014 Optima, 2012-2014 Sorento, and 2011-2013 Sportage vehicles.

The settlement­s are separate from ongoing NHTSA investigat­ions into non- crash fires in certain Hyundai and Kia vehicles, some of which have the recalled engines.

In 2019, Reuters reported a group of U. S. states were investigat­ing Hyundai and Kia for potential unfair and deceptive acts related to reports of hundreds of vehicle fires.

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