Mercedes-Benz failed to initiate recall of some vehicles

Public news

The ACCC has accepted a court-enforceable undertaking from Mercedes-Benz Australia/Pacific Pty Ltd (Mercedes-Benz), after Mercedes-Benz acknowledged it had failed to initiate a recall of certain C class and E class vehicles with faulty Takata airbags, due to spare parts availability, in accordance with the timeframe required under the Takata compulsory recall.

The ACCC alleges that, between June and November 2018, the manufacturer failed to initiate the vehicle recalls, despite being required to under its Recall Initiation Schedule.

This applies to Mercedes-Benz C Class or E Class vehicles that are:

  • Older than 6 years and located in Queensland, Northern Territory, Western Australia and parts of the coastal area of New South Wales north of Newcastle; or
  • Older than 9 years and located elsewhere in Australia.

The cars are fitted with dangerous Takata airbags and should have been prioritised for urgent replacement due to their age, exposure to heat, humidity and location of the inflators. The ACCC says this may have contravened the Australian Consumer Law (ACL) and exposed consumers driving the vehicles to serious safety hazards.

The manufacturer has now committed to follow a revised schedule to get affected cars off Australian roads as soon as possible.

If you have any questions in relation to your obligations under the Takata Airbag Recall Notice, click here to email Industry Engagement Specialist, Nathan Groves.

The compulsory Takata recall concludes on December 31 this year and it is imperative that affected vehicles have defective airbags replaced before the deadline.