2016 DRL lawsuit

yrwei52

2016 Mazda CX-5 GT AWD w/Tech Pkg. Plano, TX
Contributor
Reported in that long Daytime running lights dim/flickering thread earlier on 11/7/2019 and should be the same class action lawsuit filed by a woman in California:

Honestly DRLs are not mandatory in the US, things mentioned in the lawsuit such as safety issue and cant pass annual inspection should be irrelevant IMO. The lawyer should come here and read that long thread to get more accurate info before filing the lawsuit.
 
V
2010 Mazda 5 Sport
That depends. The wording in the statutes is all different in each state and it can be interpreted in various ways.

In NC, the headlights must be in "proper working order". Is the DRL is part of the headlight? I can see a shop failing a safety inspection if they interpret it as such.

I mean, you can bring your lawyer to the inspection station....but reality may be that DRLs are mandatory in certain areas because shops simply won't pass them.
 

yrwei52

2016 Mazda CX-5 GT AWD w/Tech Pkg. Plano, TX
Contributor
That depends. The wording in the statutes is all different in each state and it can be interpreted in various ways.

In NC, the headlights must be in "proper working order". Is the DRL is part of the headlight? I can see a shop failing a safety inspection if they interpret it as such.

I mean, you can bring your lawyer to the inspection station....but reality may be that DRLs are mandatory in certain areas because shops simply won't pass them.
Yes I agree the inspection station may give the car owner hard time to pass due to failed DRLs, but the Federal Law doesnt require them, so as the State Law. A simple way is the CX-5 owner can simply turn the DRLs off by following the official procedure available here, and any state inspection cant force you to turn the DRLs on for inspection in the US.

And I believe thats the reason why NHTSA cant force MNAO to issue a safety recall even though therere so many complaints, as DRLs arent a safety device required by Federal Law.

And as far as I know, the plaintiffs state, California, doesnt require annual state inspection stated in the lawsuit.
 
V
2010 Mazda 5 Sport
California is yearly.

state inspection cant force you to turn the DRLs on for inspection in the US
Oh but they CAN! They will insist that you to turn them on and if you refuse, they will simply tell you to go elsewhere. (Effectively enforcing a nonexistent law).

You can quote all the law you want to an Inspection Station Tech and it won't do you any good.

I've had a friend be refused an inspection because he had an electric car and they claim he had to pass an emissions test. (rolleyes)

The second station made him wait a half hour while they looked for the tail pipe and tried to top off his fluids! :) He did get it inspected on that attempt though. Luckily the manager was around.
 

Avoidin Deer

Central Virginia
Contributor
V
2019 CX-5 Reserve
I live in Virginia. My 20 year old truck truck has the optional fog lights with their own On/Off switch. I failed inspection last June because they don't work.

"If you have them, they've got to work. So you can either wait for the parts and pay me to replace them, or I can just remove them." I had the guy take them off and I passed inspection.

Not a direct parallel, but just another data point showing that equipment does not have to be required (Federal or State) in order for it's lack of functioning to cause you to fail inspection. In Virginia, if you have it (even if it's optional), it's got to work.
 

madar

Contributor
V
2016.5 CX 5 Touring AWD, 2015 SCION XB
Bottom line here is, if it's on the car it has to work.
 

yrwei52

2016 Mazda CX-5 GT AWD w/Tech Pkg. Plano, TX
Contributor
I feel lucky Im in Texas! No state inspection stations I went cares about DRLs if theyre working or not. That friend of mine refused to pay $500 (or $400?) replacing both failing LED headlights on his 2016 CX-5 GT has no problem to pass annual state inspection with failed DRLs.

Many vehicles have no DRLs even on these days. How the inspection station know that LED accent strips on our 2016 CX-5 with LED headlights are supposed to be lit as DRLs? Id just say my CX-5 comes with no DRLs after I disabled them if Im in another state which is critical of those features.
 

Avoidin Deer

Central Virginia
Contributor
V
2019 CX-5 Reserve
I feel lucky I*m in Texas! No state inspection stations I went cares about DRLs if they*re working or not.
I lived in the DC area for a very long time. Maryland had no state inspection. I hated driving there. It was horribly unsafe.

I don't believe in a Nanny State, but there's a certain number of people these state inspections protect the rest of us from. I gotta think you've seen your share of cars that you were uncomfortable driving near....bad tires, questionable brakes, etc.

(And you have a point that inspectors aren't gonna know that the car should have DRLs).
 
V
2019 CX-5 Signature (previously 2016 CX-5 GT)
I lived in the DC area for a very long time. Maryland had no state inspection. I hated driving there. It was horribly unsafe.

I don't believe in a Nanny State, but there's a certain number of people these state inspections protect the rest of us from. I gotta think you've seen your share of cars that you were uncomfortable driving near....bad tires, questionable brakes, etc.

(And you have a point that inspectors aren't gonna know that the car should have DRLs).
Agreed. Came from NJ (mandated inspections) most of my life to FL 13 years ago where there are no state-mandated inspections, and it is still shocking to see some of the vehicles on the road I see on a daily basis. Not just ones with scarily worn or misaligned tires, missing lights, damaged parts hanging half off, but also clearly illegal and annoying if not downright dangerous mods. The police don't really bother either, as I guess they just have too many other things to worry about or sadly perhaps don't care.

And like you, I'm also not talking about a nanny state, but just reasonable inspections and consistent application of clearly written regulations (I guess that's too much to ask, however LOL).
 
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madar

Contributor
V
2016.5 CX 5 Touring AWD, 2015 SCION XB
I lived in the DC area for a very long time. Maryland had no state inspection. I hated driving there. It was horribly unsafe.

I don't believe in a Nanny State, but there's a certain number of people these state inspections protect the rest of us from. I gotta think you've seen your share of cars that you were uncomfortable driving near....bad tires, questionable brakes, etc.

(And you have a point that inspectors aren't gonna know that the car should have DRLs).
Definitely agree about the safety inspections. I'd hate to be next to a car with worn ball joints or something that the wheel would fall off next to me while going down an interstate at 70 mph. I had an SI license years ago and you'd be surprised at the shape that some vehicles are in even with an annual inspection.

About the DRLs. Yeah, I think if they were off at the time of inspection no one would be the wiser. It's only that if one was out and the other was on that would raise a red flag.
 
I live in Virginia. My 20 year old truck truck has the optional fog lights with their own On/Off switch. I failed inspection last June because they don't work.

"If you have them, they've got to work. So you can either wait for the parts and pay me to replace them, or I can just remove them." I had the guy take them off and I passed inspection.

Not a direct parallel, but just another data point showing that equipment does not have to be required (Federal or State) in order for it's lack of functioning to cause you to fail inspection. In Virginia, if you have it (even if it's optional), it's got to work.
That is ridiculous. Did you check the Virginia DMV website to confirm?
 

Avoidin Deer

Central Virginia
Contributor
V
2019 CX-5 Reserve
That is ridiculous. Did you check the Virginia DMV website to confirm?
Daggone it, you made me go look.

Our inspection program is managed by the Virginia State Police.

From the inspection manual :
Fog lamps are not required. However, if installed they must operate and be inspected.
19VAC30-70-160
 
V
2016.5 CX-5 GT AWD titanium/black 2016 Miata Club ST MT white
Class Action info

https://www.classaction.org/mazda-cx-5-daytime-lights-problems-lawsuits?utm_source=newsletter75&utm_medium=email&utm_campaign=ca_newsletter

This Alert Affects:
People who own or lease a 2016 Mazda CX-5 and had issues with their car*s daytime running lights.

What*s Going On?
A class action lawsuit has been filed alleging that the daytime running lights in 2016 Mazda CX-5s are defective and can burn out prematurely. Attorneys working with ClassAction.org have now opened their own investigation into the allegations and need to speak with people who own or lease this vehicle.

What You Can Do
If you had issues with your Mazda CX-5*s daytime running lights, fill out the form on this page. Attorneys working with ClassAction.org need to hear from as many people as possible to learn more about the problem and potentially file a lawsuit of their own.

What*s the Catch?
There is none. It doesn*t cost anything to contact us or to speak to someone about your rights.
 
I wonder if there is anything in the works for those of us in Canada as far as a recall or class action?

Up here it is the law to have DRL’s and my Passenger one is flickering right after I bought the car. 55000 miles on the car and a few months off the warranty.
 
V
2013 Mazda CX-5, 2.0 Manual Transmission, 1989 Mazda MX-6
I feel lucky Im in Texas! No state inspection stations.
Lucky to live in Texas? 17 Texas counties have safety and emission testing requirements.
I would drive my perfectly running 1990 Mazda 626 into one of those stations in Houston. Just to be turned away because they did not want to test a vehicle that didn't have OBD2. One time it took me all day driving from station to station just to find one that will test my car.
State says I have to have it done, but too many testing facilities just won't do it.
 

yrwei52

2016 Mazda CX-5 GT AWD w/Tech Pkg. Plano, TX
Contributor
Lucky to live in Texas? 17 Texas counties have safety and emission testing requirements.
I would drive my perfectly running 1990 Mazda 626 into one of those stations in Houston. Just to be turned away because they did not want to test a vehicle that didn't have OBD2. One time it took me all day driving from station to station just to find one that will test my car.
State says I have to have it done, but too many testing facilities just won't do it.
Good to know such info on annual safety inspection for non-OBDII vehicles in Texas. I have my 1998 Honda CR-V which is over 20 years old and 2000 BMW approaching 20 years old, and I may be facing similar problems you’d experienced due to a recent law changes although these two cars do have OBDII capability.
 

Avoidin Deer

Central Virginia
Contributor
V
2019 CX-5 Reserve
I wonder if there is anything in the works for those of us in Canada as far as a recall or class action?

Up here it is the law to have DRL’s and my Passenger one is flickering right after I bought the car. 55000 miles on the car and a few months off the warranty.
Some folks have reported success in working with their dealer and then [politely] escalating through Mazda Customer Service.

If I recall correctly,. they have received partial-to-full reimbursement/subsidization.

I'd try this before casting my lot with the unwashed masses. And trying this path does not preclude later trying the other.
 

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