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 |