May 29, 2003

 

 

 

William Clay Ford, Jr.

Chief Executive Officer

Ford Motor Company

P. O. Box 6248

Dearborn, Michiganн 48126

 

 

Dear Mr. Ford:

 

ннннннннннннннн The City of Dallas appeals to you personally, as CEO of Ford Motor Company, to join with us to take immediate and effective action to end the continuing tragedy of police officer deaths in Crown Victoria fires following rear impact collisions.н We urge Ford to make it a top priority to develop an effective remedy for these vehicles and recall the vehicles to implement that remedy.

 

ннннннннннннннн To that end, we ask that Ford work with us to bring this chain of tragic events to an end.н Continuation of police officer death by fire is not acceptable. Our officers are entitled to know that engineering measures have been taken to provide reasonable assurance, in all engineering probability, that further death by fire will not occur.

 

ннннннннннннннн Three fires in less than a month, including the tragic death of Officer Newton in Missouri, graphically illustrate the need for immediate, effective action:

 

янннннннннннн Missouri Highway Patrol Officer Michael Newton lost his life in such a fire just one week ago, on May 22, in a 2003 Ford Crown Victoria Police Interceptor with only 4000 miles on the vehicle.н

 

янннннннннннн Less than one week before Officer Newton's death, on May 17th, a City of Dallas CVPI, model year 2001, which had been fully retrofitted by Ford technicians with Ford's 2002 "optional upgrade kit" issued last October, exploded into flames following such a rear impact.н Through good fortune, the officers were not in the vehicle and escaped unharmed.

 

янннннннннннн Only a few days earlier, on May 2, a City of Washington, D.C. Ford CVPI, fully equipped with Ford's 2002 optional upgrade, also burned following a rear impact.н Fortunately, these officers were also outside the vehicle and were unharmed by the fire.

 

янннннннннннн These fires followed known punctures of CVPI fuel tanks which, again through good fortune, had not resulted in fire. These tank punctures occurred in a Texas DPS vehicle in Bee County, Texas, in January of this year, and in the Tampa, Florida area in December of last year.н Again, both of these vehicles were equipped with the latest optional upgrade.

 

ннннннннннннннн We must act to prevent repeating the record number of officer deaths by fire set in 2002:

ннннннннннннннн янннннннннннн May 29, 2002 - Officer Jefferson Davis died by fire in a Ford CVPI in Lake City, Florida

 

ннннннннннннннн янннннннннннн June 12, 2002 - Officer Robert Nielson died by fire in a Ford CVPI in Chandler, Arizona

 

ннннннннннннннн янннннннннннн July 4, 2002 - Sergeant Greg Abbott escaped a fire in his Ford CVPI in Smyrna, Georgia

 

ннннннннннннннн янннннннннннн August 5, 2002 - Officer George Rought escaped a fire in his Ford CVPI in Hinsdale, new York

 

ннннннннннннннн янннннннннннн October 23, 2002 - Officer Patrick Metzler died by fire in his CVPI in Dallas, Texas

 

ннннннннннннннн янннннннннннн November 6, 2002 - Officers Hector Bermudez and Mark Athan escaped a fire in their Ford CVPI in Torrance, California

 

ннннннннннннннн янннннннннннн December 5, 2002 - Deputy Sheriff J. Fender escaped without fire following a fuel tank puncture in his Ford CVPI in the Tampa, Florida area.н This vehicle was equipped with the 2002 Ford optional upgrade package.

 

ннннннннннннннн янннннннннннн December 19, 2002 - Trooper Robert Ambrose died by fire in his Ford CVPI near Yonkers, New York.

 

ннннннннннннннн The history of these tragedies begins as long ago as 1982.н Since 1999, law enforcement officials from various localities across the nation have been urgently requesting that Ford take effective action to end these events.н Ford's first response was to deny the existence of any problem, and to say that nothing could be done.н

 

ннннннннннннннн After more deaths, Ford then issued a Technical Service Bulletin, in October, 2001.н Experts outside Ford criticized that action as too little to be effective, and were proven correct as the death toll continued to climb.н

 

ннннннннннннннн Last year, Ford assured Arizona (then) Attorney General (now Governor) Janet Napolitano that it would take effective action.н In October, Ford made available its 2002 "Optional Upgrade Kit" at no charge to Ford Crown Victoria Police Interceptor (CVPI) owners.н The kit arrived too late to save officers like Dallas Police Officer Patrick Metzler and Trooper Robert Ambrose who, according to experts, would not have died if the upgrade kit had been issued a year earlier.н

 

ннннннннннннннн Many law enforcement officials are under the impression that the upgrade kit was expected to and did fix the known problems leading to fuel tank fires.н Depositions taken by our attorneys have documented Ford's knowledge to the contrary.ннн

 

ннннннннннннннн In depositions taken by our attorneys, Ford engineers have testified that the shields in the upgrade kit are designed only to prevent punctures to the front of the tank, and do not affect punctures which are known to occur to the sides or rear of the tank, or leakage which occurs through vent valves or other mechanisms due to internal pressure.н Depositions have also revealed that the 75 mph crash test which Ford conducted last August to demonstrate the effectiveness of the shields at preventing punctures of the front of the tank, also revealed substantial fuel loss, up to 40 ounces in that particular test, due to internal pressure released through a vent valve.н Most recently, we have learned that the strap-mounting-bracket shields tested by Ford in its August crash test were not included in the upgrade kit, but were replaced by smaller, less effective shields.

 

ннннннннннннннн

 

 

From the deposition testimony and from examinations of vehicles which have crashed and burned in the field, it is clear that additional remedial measures are required for the following issues:

 

ннннннннннннннн 1)ннннннннннн Rear punctures:н punctures of the rear of the fuel tank have been associated with the deaths of Trooper Robert Smith (Fla., 1997), Trooper Hung Le (La., 1998), Officer Skip Fink (Ariz., 2000), Trooper Lynn Ross (Tenn., 2000), the fires involving Officers Bermudez and Athan (Calif., 2002) and the Washington, D.C. Ford CVPI (May, 2003), and non-fire punctures involving Deputy Fender (Fla., 2002), Trooper Rebecca Gutierrez (Texas, 2003).н Ford committed to Attorney General Napolitano in June, 2002 to provide a device to shield the rear of the tank.н Availability of that device, called a "trunk pack," has been repeatedly delayed but is now promised for later this month - as an extra cost option.

 

ннннннннннннннн 2)ннннннннннн Frame punctures:н punctures of the side of the fuel tank by inward deformation of the frame were associated with the fire involving Officer Tom Ludford (Minn., 1996) and the death of Officer Patrick Metzler (Dallas, Oct., 2002), and Ford crash test 9706.нн For the 1996-97 model years, Ford used a "frame shield" to prevent such punctures, but the frame shield was discontinued for the 1998 and subsequent model years.н Ford has refused Dallas's earlier request to provide frame shields.

 

ннннннннннннннн 3)ннннннннннн Sender unit and internal pressurization failures:н failures due to internal pressurization of the deforming fuel tank, sometimes involving loss of integrity of the sender unit or fluid escaping through vent valve have been seen in the fire involving Officer Tom Shelton (Tenn., 1992), the most recent Dallas vehicle fire (May 17, 2003), and in Ford's August 19th, 2002 Exponent crash test.

 

ннннннннннннннн We are aware that the trunk pack appears to be nearing availability.н We hope that the trunk pack will prove to be effective in dealing with punctures to the rear of the tank, but must express a number of grave concerns related to the trunk pack:

 

ннннннннннннннн 1)ннннннннннн Not Crash Tested:н Ford has not crash tested the trunk pack, and its performance in a crash situation is unproven.н Some deposition testimony by Ford engineers creates a concern that the broad, flat front face of the trunk pack could restrict needed deformation of the tank during a crash and prove detrimental to the fuel system integrity of the vehicle.н High-speed crash testing of vehicles equipped with a trunk must be done immediately to demonstrate effectiveness and lack of additional hazard.

 

ннннннннннннннн 2)ннннннннннн Optional Offering:н Ford is offering the trunk pack as an extra-cost option, whether aftermarket or for new production vehicles.н A needed safety device is not an option; it is a necessary part of the base vehicle.н The trunk pack, or other shielding device for the rear of the tank, should be crash tested immediately, and, if effective during the testing,н should be provided without further delay to all Ford CVPI operators at no cost, as was done for the Oct. 2002 upgrade kit.н

 

ннннннннннннннн 3)ннннннннннн Awareness:н Many agencies are unaware of the urgent need to use a device shielding the rear of the tank.н This issue is especially acute since the device is being offered as an option.н Ford was requested to issue a bulletin directly addressing this issue by the Attorney General of Florida.н Unfortunately, the letter which was issued discussed the trunk pack only on page 3 of an 8 page document, most of which was devoted to restating Ford's position on the safety of CVPIs.н We believe the letter has failed to adequately address the need to educate law enforcement agencies to the need for rear shielding.

 

ннннннннннннннн 4)ннннннннннн Capacity:н Ford's testimony as to its production capacity for trunk packs raises concerns that the volume of production may be insufficient to equip the fleet of CVPIs promptly.н The production capacity appears to reflect anticipated low volume demand, consistent with offering the device as an option.н Again, should testing prove the effectiveness of the trunk pack, a needed safety device should not be treated as an option.

 

ннннннннннннннн Most important, adequate testing, including crash testing, must be done to assure that the trunk packs are both effective for their intended purpose of preventing puncture of the rear of the tank and that they do not create any additional hazard.

 

ннннннннннннннн Equally important is the evidence that the trunk pack and the optional upgrade shields combined are not a complete and adequate remedy.н The May 17th fire in Dallas was fully equipped with the optional upgrade kit, but exhibits failure modes which would not have been prevented by the trunk pack.

 

ннннннннннннннн Ending the chain of tragedy will require adequately testing the vehicles to find problems and failure modes before they cause death in the field.н The problems found by the testing should be remedied during the design process, before the vehicle leaves the factory.н This requires a test program which is adequate to fairly assess the risks of the foreseeable usage of the vehicle.н Ford must then act to remedy the failure modes.н

 

ннннннннннннннн Over a year ago, General Napolitano asked Ford to crash test its corrective measures at 75 mph in a vehicle equipped with normal police equipment.н Experts have testified that, in light of Ford's estimates that some of these events have occurred at higher speeds, testing should be conducted at 90 mph.н General Napolitano's request reflects a minimum test level in light of the widespread 70-75 mph speed limits in effect on the national highway system.н Ford has responded by conducting testing at 75 mph.

 

ннннннннннннннн However, Ford did not equip the 75 mph test vehicle with normal police equipment, but ballasted the trunk with sandbags which may have the effect of protecting the tank and reducing the severity of the test.н Police equipment in the trunks has been implicated in a number of crash fires, and it is essential that realistic testing include such equipment.н

 

ннннннннннннннн An adequate test program must, additionally, include the following elements:

 

ннннннннннннннн 1)ннннннннннн The striking vehicle must be a light truck or SUV.н The impacts which have produced fuel system fire have frequently involved light trucks or SUVs which both weigh more and are more aggressive than passenger cars.н A realistic, "worst-case scenario" test program must use a comparatively heavy, truck-based striking vehicle.

 

ннннннннннннннн 2)ннннннннннн Industry standards for fuel system testing define a "pass" as meeting the federal fuel system integrity standard, FMVSS 301 leakage standards. This standard is used even for testing conducted at higher speeds, based on the National Highway Traffic Safety Administration's (NHTSA) conclusions as to the quantity of fuel which can leak without creating a danger of fire.н Ford itself uses FMVSS criteria as the pass/fail standard for its 50 mph Safety Segment Guideline testing.н But - for the CVPI - Ford relaxed its pass/fail standard, allowing it to claim a "successful" test even though the fuel tank leaked up to 40 ounces of fuel. CVPIs should be tested to be consistent with the FMVSS 301 pass/fail criteria.нн

 

ннннннннннннннн 3)ннннннннннн A test program must include more than one successful impact, in a variety of impact modes.н Actual field experience dictates that testing should consider various impact modes, including underride, override and angled impacts.н Ford's normal development testing requires three impact directions to pass the safety segment guidelines.н High speed CVPI testing should include all three safety segment impact directions, as well as underride and override impacts.

 

ннннннннннннннн The City of Dallas has determined that it must, and will, act to bring this chain of tragic events to an end.н We will not be a passive customer in the face of the continuing chain of fire events threatening our officers.н We have determined to take the following actions beginning immediately:

 

ннннннннннннннн 1)ннннннннннн Until we are convinced that all practical efforts have been made to prevent future fire deaths, we will not purchase any additional Ford CVPIs. Because the vehicles are essential for law enforcement, and because we are obligated to provide law enforcement services to our community, necessity requires our continued use of CVPIs previously purchased.

 

ннннннннннннннн 2)ннннннннннн Due to Fordэs failure to crash test the trunk pack, we will conduct high speed crash testing of the "upgrade shield.юн The testing will be open to interested law enforcement agencies and the results will be made public.н We invite Ford to participate in the planning and analysis of the testing.н We request that Ford notify us by close of business Monday, June 2, 2003, as to whether the company is interested in participating in this process.

 

ннннннннннннннн 3)ннннннннннн If testing verifies the effectiveness of the trunk pack and that it present no additional hazard, we will want them as quickly as possibleнн If testing proves effective, we request that Ford make the trunk packs available without charge, as we will be using them to provide necessary shielding for the rear of the fuel tank, a safety feature which should be Ford's responsibility.

ннннннннннннннн 4)ннннннннннн Beginning immediately, Dallas intends to actively reach out to major cities and counties in Texas and the nation, seeking their support for these efforts.н This is a national, not a local, problem.н Police crash fires and deaths have not been limited by locality; they have occurred in states from Florida to California to New York and New England.н We will seek national support to achieve a national solution based on the fundamental principle that continuation of police officer death by fire is not acceptable.н We must make every effort to bring these events to an end.

 

ннннннннннннннн Mr. Ford, we ask you personally to make this issue a top priority.н It is not a clichШ to say that our officers put their lives on the line every minute of every day - it is true.н They give us 100% of their effort to save lives and protect our citizens and communities.н On this issue of life and death, we hope you agree that Ford owes them 100% effort in working to ensure their safety while in the line of duty.

 

ннннннннннннннн I hope to hear from you as soon as possible.н We would very much like to work with Ford to find acceptable solutions to this most serious problem.

 

Sincerely,

 

 

 

 

Madeleine B. Johnson

City Attorney

 

c:нннннннннннннннннннннннннннн The Honorable Mayor and Members of the City Council

ннннннннннннннннннннннннннннннн Doug Lampe, Office of General Counsel, Ford Motor Company