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New York Assemblymembers send letter to NHTSA urging recall of Hyundai and Kia vehicles

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Posted at 4:40 PM, Oct 03, 2023
and last updated 2023-10-04 14:56:24-04

NEW YORK (WKBW) — New York Assemblymembers have sent a letter urging the National Highway Traffic Safety Administration to use its authority to issue a recall of Hyundai and Kia vehicles manufactured between 2011 and 2022 due to their vulnerability to theft.

"From 2011 until November 2021, Kia and Hyundai failed to include engine immobilizers, a critical anti-theft device, in many of their lower-priced models. Engine immobilizers have been industry-standard for many years and have substantially reduced vehicle thefts. In the model year 2015, engine immobilizers were standard on 96% of other manufacturers’ vehicles but were standard in only 26% of Kia and Hyundai models. The lack of engine immobilizers, coupled with the easily bypassed ignition switches, have made the affected models highly susceptible to auto theft," a portion of the letter says.

The letter continues on to say "Every day that the NHTSA refuses to issue a recall for these unsafe vehicles, this public safety crisis continues on our streets and lives are put at risk."

The vehicles' vulnerability to theft gained notoriety due to the viral social media trend known as the "Kia Challenge."

Last month the governor's office said in the first seven months of 2023, compared to the same timeframe last year, car thefts in Erie County increased by 213%. Governor Kathy Hochul then announced an action plan meant to combat the high number of car thefts particularly certain Kia and Hyundai models.

READ MORE: Gov. Hochul announces action plan meant to combat high number of car thefts across New York State

7 News has also taken time to hear from a variety of voices to find out how this could impact you and your family and what's being done about it.

READ MORE: 'How does this ever stop?': The cost of the Kia Challenge in WNY

You can read the full letter sent to the NHTSA below.

September 29, 2023

Ann Carlson
Acting Administrator
National Highway Traffic Safety Administration
1200 New Jersey Avenue, SE
Washington, D.C. 20590

Dear Ms. Carlson:

We are writing to urge the National Highway Traffic Safety Administration to use its authority to issue a recall of Hyundai and Kia vehicles manufactured between 2011 and 2022 due to their unique vulnerability to theft. These vehicles have easily bypassed ignition switches and lack engine immobilizers, and therefore can be hotwired and stolen in a matter of minutes or seconds using nothing more than a flathead screwdriver and USB cord. As a result, communities across New York State and the nation have seen a surge in thefts of Kia and Hyundai vehicles, which are often operated recklessly and used in the commission of other serious crimes.

From 2011 until November 2021, Kia and Hyundai failed to include engine immobilizers, a critical anti-theft device, in many of their lower-priced models. Engine immobilizers have been industry-standard for many years and have substantially reduced vehicle thefts. In the model year 2015, engine immobilizers were standard on 96% of other manufacturers’ vehicles but were standard in only 26% of Kia and Hyundai models. The lack of engine immobilizers, coupled with the easily bypassed ignition switches, have made the affected models highly susceptible to auto theft. However, the NHTSA has not determined that this issue constitutes either a safety defect or noncompliance requiring a recall under the National Traffic and Motor Vehicle Safety Act.

The vehicles’ susceptibility to theft gained notoriety beginning in 2021 as a result of a viral social media trend. Users on the social media platform TikTok demonstrated how some Kia and Hyundai vehicles can be stolen using only a USB cable and a screwdriver. The ease of stealing Kia and Hyundai vehicles, which can be accomplished in as little as 20 seconds, has made them attractive targets, particularly for teenagers. As a result of the vehicles’ vulnerability and the social media trend, police departments across the country have seen exponential increases in thefts of these vehicles. From January to August 2022, thefts of Kia and Hyundai vehicles increased by 400% in the Memphis, Tenn. Metropolitan area, 362% in the St. Louis, Mo. metro area, and 392% in the Grand Rapids, Mich. metro area. This auto theft surge has affected communities throughout the nation, in cities large and small, in every geographic region, and in places with vastly different socioeconomic conditions, crime rates, andcriminal justice policies.

Communities across New York State have been hit particularly hard by this auto theft wave. In the early months of this year, Buffalo reported a 2000% increase in thefts of Kia and Hyundai vehicles, Rochester reported a 2400% increase, and New York City reported a 660% increase, as compared with the same period in 2022. Owners of vulnerable Kia and Hyundai vehicles have borne the brunt of the manufacturers’ failure to provide safe and secure vehicles. Many owners have had their vehicles stolen numerous times and as a result have missed work, lost valuable property, and incurred large out-of-pocket expenses. Even Kia and Hyundai vehicle owners who have not been victims of auto-theft have suffered, as many insurers have substantially raised rates for these vulnerable vehicles and others, including Allstate, Progressive, and StateFarm, have reportedly refused to issue new policies for the atrisk models. These significant economic hardships for Kia and Hyundai owners are a direct result of the manufacturers failing to make their vehicles secure against theft.

The impacts of the Kia and Hyundai theft wave have extended far beyond the vehicle owners and are now being felt by entire communities. Stolen Kia and Hyundai vehicles have been involved in reckless driving, high-speed pursuits from law enforcement, fatal crashes, and the commission of other serious crimes. In Monroe County, stolen Kia vehicles have been used in several smash-and-grab burglaries, both as a ram to break into the targeted businesses and as a getaway vehicle. In the Town of Tonawanda, a police officer was badly injured after being dragged by a suspect in a stolen 2019 Kia Sportage. Tragically, numerous young people have died in crashes involving stolen Kia or Hyundai vehicles. Last October, four teenagers in Buffalo were killed when a 16-year-old operated a stolen Kia Sportage recklessly and crashed the vehicle on state Route 33. A similar tragedy unfolded in northern Manhattan in July, when two teenagers were killed and four more injured in a crash involving a stolen Hyundai. As in the fatal Buffalo crash, the at-fault driver was a teenager operating the stolen vehicle recklessly. A report from the NHTSA, issued prior to the fatal Manhattan crash, attributed 14 crashes and eight deaths to stolen Kia and Hyundai vehicles. Furthermore, the spike in auto thefts have strained law enforcement resources throughout the state, taking attention and personnel away from addressing other crimes. Taken as a whole, it’s clear the wave of Kia and Hyundai vehicle thefts have created a public safety crisis throughout New York State and throughout the country.

Kia and Hyundai have initiated voluntary service campaigns to offer software updates for certain vehicles to address this starting system vulnerability. However, it’s expected to take months to release software updates for all the affected models, and worse, the manufacturers say an update is not feasible for a significant number of these vehicles. Additionally, the voluntary service campaign lacks the notice and other regulatory requirements of a safety or noncompliance recall process, meaning it’s unlikely all the affected vehicles will be addressed in reasonable timeframe. In fact, Kia and Hyundai recently reported they had completed the updates in only about 15% of the vulnerable vehicles. Unless the NHTSA issues a recall for these vehicles, the update process is likely to drag on for months while this public safety crisis on our streets continues.

For these reasons, we again urge the NHTSA to use its authority to issue a recall of Kia and Hyundai vehicles manufactured between 2011 and 2022 to address their vulnerability to theft. Every day that the NHTSA refuses to issue a recall for these unsafe vehicles, this public safety crisis continues on our streets and lives are put at risk.

Thank you for your anticipated attention to this important matter.