Safety Probe of Older Fords May Be Reopened

A federal appeals court Tuesday revived a lawsuit to force the Transportation Department to reopen its investigation of alleged safety defects in Ford Motor Co. cars made before 1979.

The U.S. Circuit Court of Appeals ruled that a lower court judge had improperly dismissed a lawsuit by the Center for Auto Safety to force the National Highway Transportation Safety Administration to reopen the investigation of transmissions in 23 million Ford cars.

Earlier, U.S. District Judge Charles Richey had ruled that the safety agency’s refusal to reopen the investigation could not be reviewed by courts.

But the appellate judges said “denials of petitions to investigate alleged safety defects . . . are subject to judicial review under the Administrative Procedure Act” to assure that the agency properly enforces its auto safety standards.

A spokeswoman said the safety agency would not comment on the court’s decision.

The appeals court sent the case back to Richey with instructions to examine the agency’s technical review to determine if it properly determined there was not a likelihood of a mechanical defect.

The court said Richey should not rely on “merely the statement of reasons given by the administrator” in making his decision.

The case stems from the Center for Auto Safety’s efforts in 1985 to force a new investigation of Ford transmissions that critics contend slide from park to reverse when the car’s motor is running.

In the waning days of the Carter Administration, the Transportation Department reached a settlement with Ford under which the company mailed warning stickers to owners of cars telling drivers about the possible danger.

Stickers and letters were mailed to the owners of 23 million cars made between 1966 and 1979. The dashboard stickers warn motorists not to release the brake when the car is running and in park.

The appeals court in 1982 upheld the settlement, rejecting a petition by the Center for Auto Safety. The center filed its new petition in 1985, claiming that the alleged defect was continuing to cause deaths and injuries.

The agency’s denial of the 1985 petition prompted the lawsuit, which was filed in U.S. District Court.