Rebuilt Airbags

Q1: When did the Société de l'assurance automobile du Québec (SAAQ) learn that rebuilt airbags are a genuine safety hazard?
The Société was informed on June 27, 2001, further to a citizen complaint. (This complaint did not arise from an accident that caused deployment).

The Société immediately began an investigation and commissioned the Centre d'essais de PMG Technologie de Blainville to carry out laboratory tests on the safety of rebuilt airbags. The tests were done between August 28 and November 13 and the preliminary report by the École polytechnique de Montréal was submitted to the Société on November 14, 2001.

Q2: What kinds of tests were done by the École polytechnique de Montréal and who supervised them?
The tests, supervised by Michel Gou, an engineer at the Mechanical Engineering Department of the École polytechnique de Montréal, consisted of dismantling and visually inspecting the integrity of every part of the airbags and checking the mechanical operation of the devices and their chemical components.

Q3: What were the test results? What are the risks to the occupants of motor vehicles in which these airbags are installed?

• Rebuilt airbags are dangerous. They expose occupants to major risk of serious injury when deployed.
• Airbags equipped with handmade gas generators put occupants at risk of sustaining fatal injuries.
• Consequently, rebuilt airbags should be prohibited and those already installed, recalled.

Q4: Why was the École polytechnique de Montréal chosen to run these tests?
The École polytechnique is the only institution that has the required technical expertise in highway safety, notably in the area of airbags.

Q5: Have any deaths been linked to these rebuilt airbags?
According to the information at our disposal, so far no deaths have been linked to the use of this type of airbag.

Q6: What measures did the SAAQ take in November 2001 to ensure public safety?
The Société met with Coussins gonflables Demers inc. representatives on November 16 and 21 and demanded the recall of certain rebuilt airbags manufactured by the company and installed in Ford Escort 1997-1999 models and Focus 2000-2001 models. The sellers were ordered to immediately contact the customers concerned, inform them of the safety risks, and urge them to have the rebuilt airbags disabled by a qualified dealer or car mechanic as soon as possible. The sellers would then, at their cost, replace the rebuilt airbags with brand-new ones. To inform the public of this recall, the Société issued a press release on November 21, 2001.

On November 22, the Société received further information through a sworn statement indicating that vehicle models other than Escort and Focus were also equipped with handmade rebuilt airbags that may cause serious head or upper body injuries when deployed.

On November 23, suspecting that there might be a criminal aspect to the practice, the Société asked the fraud division of the Sûreté du Québec (SQ) to investigate Coussins gonflables Demers inc. and National sacs gonflables inc., the two firms currently known in Québec for dealing in this kind of product. This investigation is quite separate from the SAAQ's.

The Société issued new press releases on November 27 and 29, 2001, and published a notice in all Québec dailies on November 29, 2001.

In addition, the SAAQ sought the collaboration of the Car Dealership Association, body fitter associations, recycling firms and insurance companies.

Q7: Who manufactures this kind of airbag? (Number of manufacturers Qc/Canada?)
We currently know of only one manufacturer of rebuilt airbags in the Québec City area. It has two companies, Coussins gonflables Demers inc. and National sacs gonflables inc.

Q8: Did the Société know about this rebuilt airbag manufacturer?
Yes. There was no legislation governing the manufacture or sale of rebuilt airbags, so there was nothing to prevent marketing of these products as long as they were adequate.

Q9: Are there rules governing the manufacture and sale of rebuilt air bags?
There is no legislation that prohibits the manufacture or sale of rebuilt airbags. Furthermore, there is no law that makes it mandatory to replace a used airbag with a brand-new one. On the other hand, under section 212.1 of the Highway Safety Code, the SAAQ may require the removal, repair or modification of equipment on a motor vehicle that has not been installed by the manufacturer of the motor vehicle if the equipment presents a risk for road users.

Q10: Why is there no legislation regarding rebuilt airbags?
Rebuilding of automobile parts is very common and it would be impossible to carry out or require testing of all rebuilt parts. Under current regulations, the parts must be replaced by adequate parts. When a product is deemed inadequate, we can step in to order its removal, replacement, repair or modification if it presents a risk for road users.

Q11: Are there such rules in the United States or elsewhere in Canada?
No Canadian province prohibits the sale or manufacture of rebuilt airbags. To our knowledge, only Québec makes it mandatory to replace airbags that have been deployed.

Q12: What is the difference between a rebuilt and a recycled airbag?

• Rebuilt airbag: An airbag that has been deployed and rebuilt by a seller.
• Recycled airbag: An airbag that has never been deployed and that has been resold by a recycling firm or car parts dealer.

Q13: Is the Société de l'assurance automobile du Québec considering introducing rules dealing specifically with rebuilt airbags?
The Minister of Transport intends to table a legislative amendment prohibiting the sale or installation of rebuilt airbags.

Q14: How do airbags work?
Airbags are connected to sensors that detect a sudden decrease in speed. Normally the bags deploy when the sensor registers a frontal collision serious enough to activate it. The sensors then send an electrical signal that triggers a chemical reaction that in turn releases harmless nitrogen gas and causes the airbag to inflate. This process happens very quickly, in under one twentieth of a second, quicker than the time it takes to blink. The airbags are equipped with holes that cause them to deflate after absorbing crash energy.

Q15: Are airbags mandatory in new vehicles in Canada?
In Canada, installation of airbags in new vehicles is not mandatory. However, when there are airbags, they must meet specific safety requirements. Transport Canada sets performance standards but does not specify which devices manufacturers must use.

In Québec, airbags must be in proper working order and be replaced as needed.

Q16: What recourse is available to consumers with rebuilt airbags?
The Office de la protection du consommateur (OPC) recently issued a press release (February 6, 2002) indicating that recourse was still available to Québec consumers with rebuilt airbags, despite the fact that Coussins gonflables Demers inc. and National sacs gonflables inc. have filed for protection under the Bankruptcy Act (December 20, 2001). The OPC has prepared two information kits for consumers who wish to appeal to the Courts. The first concerns the purchase of used vehicles with defective airbags, and the second, repairs to a damaged vehicle. Consumers may order a kit by phone at 1-888-OPC-ALLO (1-888-672-2556) or by Internet at www.opc.gouv.qc.ca.

Q17: As at March 11, 2002, how many rebuilt airbags had been replaced in Québec and outside Québec?
In Québec, the Société de l'assurance automobile can confirm that 107 rebuilt airbags were disabled and 131 replaced, but this is not a realistic picture of the situation because some rebuilt airbags may have been replaced without the Société's knowledge. In fact, very few body fitters and car dealers responded to our request for feedback.

As for the situation in other Canadian provinces, the recalls were managed by each of the jurisdictions concerned, and Québec has no information as to the number of replaced or disabled airbags.

Q18: Why was the response rate so low?
The Société de l'assurance automobile did all it could to facilitate follow-up on recalls.

As soon as the first tests showed that vehicle occupants were at risk, that is, last November, the general public was informed. We issued a press release on November 21 to recall the rebuilt airbags installed in 1997-1999 Ford Escort and 2000 and 2001 Focus models.

Further tests showed that a severe warning would have to be issued for all rebuilt airbags because the occupants of vehicles equipped with these airbags are at major risk of serious injury.

This is why a press conference was held on November 27, 2001, and a court injunction taken against the companies concerned to halt the sale of these airbags.

The same day, the Minister of Transport sent a letter to the federal Transport minister and to every provincial counterpart informing them of the situation.

Subsequently, the Société continued issuing warnings against rebuilt airbags by releasing two public notices in Québec dailies on November 29 and December 1, and broadcasting a public service radio announcement from December 17, 2001, to January 9, 2002. On December 17, the Société sent a letter to all owners of vehicles rebuilt since 1998, which represents nearly 30,000 people, advising them to have the rebuilt airbags deactivated as soon as possible and replaced by brand-new airbags.

Throughout December, the Société de l'assurance automobile wrote to all Québec body fitters and car dealers to inform them and request their cooperation. The Société de l'assurance automobile made every possible effort to make this easier for them. It sent out a document listing indicators for recognizing rebuilt airbags in a vehicle. Furthermore, it made a fax machine and technical support hotline exclusively available to them. The Société also sent them a feedback sheet to keep track of the action they had taken.

The Société helped Coussins gonflables Demers inc. and National sacs gonflables inc. to implement recall procedures for buyers of rebuilt airbags. These buyers, primarily body fitters, were to find the owners of the vehicles concerned and return a tracking document to the Société in order to identify the vehicles involved. They were also supposed to inform the Société of whether or not they had reached their clients.

In other words, you would have to ask the body fitters and car dealers why they failed to return the tracking documents.

Q19: What does the SAAQ plan to do to enable people to replace the rebuilt airbags in their vehicles?
The March 11, 2002 press conference was the Société's way of re-opening the recall process begun last November because it felt that the results obtained thus far are not satisfactory. The Société will again contact Demers clients and every body fitter and car dealer in Québec. This time it will be even more insistent regarding their responsibility for contacting the owners of the vehicles concerned and on the danger of rebuilt airbags by giving them videotapes of the deployment tests done by the École polytechnique de Montréal. In addition, it will again write to the 30,000 owners of vehicles rebuilt since 1998 and enclose a photograph illustrating the potential dangers of using rebuilt airbags.

Q20: Has criminal action been taken against Demers?
This is within the purview of the Sûreté du Québec investigation. Only the SQ can provide an answer to this question.

Q21: What new legal measures will be taken in connection with airbags?
The Highway Safety Code will be amended to allow only the use of brand-new airbags from the manufacturer.

It will be forbidden to repair an airbag that has been deployed and to install a recycled airbag, that is, an airbag that has never been deployed.

However, re-installation in the same vehicle of an airbag that has never been deployed and that was removed for purposes of repairing the vehicle will be allowed.

Q22: What kinds of penalties will be imposed in connection with these new measures?
Anyone who contravenes these measures will be liable to a $3,760 to $11,260 fine per airbag. This amount is subject to change and includes fines provided under the Highway Safety Code, registry fees and a contribution to IVAC, (Please note that additional fees may apply).

Q23: Why does Québec want to prohibit the use of recycled airbags?
Because we cannot guarantee that this kind of airbag will deploy safely on impact.

Other major partners share our position on recycled airbags. Car manufacturers, Transport Canada and the National Highway Traffic Safety Administration all recommend that recycled airbags not be used.

Here is why:

• When a manufacturer wants to recall a defective airbag, it becomes impossible to do so if the airbag is no longer in the original vehicle.
• A recycled airbag is of doubtful reliability because it is repeatedly handled, e.g. removal, inspection, storage, transport, installation.
• The mechanics' manuals for the matching of parts are not updated quickly enough to keep abreast of the changes a manufacturer may make to an airbag in a year.

The Groupement des assureurs automobiles also recommends that a brand-new airbag from the same manufacturer be used when an airbag is replaced.

Last December, the Société took concrete steps by issuing a directive to all its mechanical inspection agents forbidding them to accept the use of recycled airbags under the inspection program for rebuilt vehicles. Only brand-new airbags are accepted. In 2001, 3,081 vehicles were targeted by this program.

A Canada-wide task force, chaired by the Société de l'assurance automobile du Québec, has been created to oversee the use of rebuilt or recycled airbags.

Q24: Were vehicle owners outside Québec contacted?
Anyone who bought a rebuilt airbag from the companies in question was contacted, whether in Québec or the other provinces. In the latter case, a list of buyers and a statement of their transactions was also given to the provincial bodies concerned to enable follow-up on recalls.

Q25: How does follow-up with the other provinces involved in this process occur? Are you going to place notices in the dailies in these provinces?
Each of the provinces concerned is responsible for its own follow-up. The decision to publish recalls is the prerogative of the provincial bodies in question.

A representative of the Société is in regular contact with representatives from the other Canadian provinces to inform them about recall procedure. The Société's Web site also contains customer information in English.

Q26: What about people who cannot afford to replace their rebuilt airbags?
As a safety measure, it is crucial that rebuilt airbags be temporarily disabled by an authorized dealer. For their safety, vehicle owners must have the rebuilt airbags replaced as soon as possible. It is very important that consumers fully understand the advantages of airbag use and the risk of injury if they travel in a vehicle whose airbags have been deactivated. Owners must take the necessary means to find the money to replace the airbags as quickly as possible.

If you deal with an insurer, a used car seller, a car dealer or a body fitter, you can ask them for a reimbursement. If they refuse, you can find out whether you are entitled to recourse through the Office de la protection du consommateur by dialling 1-888-672-2556 or visiting the Office's official Web site at www.opc.gouv.qc.ca.

Q27: A rebuilt vehicle must undergo a mechanical inspection before the owner is issued registration. If the vehicle is not in compliance because it has rebuilt airbags, what does an owner who does not have the money to replace the airbags do?
Unlike the previous scenario, the rebuilt airbags must be replaced immediately by brand-new airbags because we are dealing with a rebuilt vehicle that is not yet authorized to be driven. After being issued registration, the owner must provide the Société with a mechanical inspection certificate that meets regulatory requirements, which is not the case with rebuilt or recycled airbags.

As part of the mechanical inspection process, the Société has the legal powers to require the use of adequate equipment in order to ensure road user safety.