In early 2000s, Wildfire began importing three-wheel motor vehicles from China, and sold these into the U.S. market (NHTSA recall lookup: enter “Wildfire”). However, these Chinese vehicles had not been specifically designed to U.S. federal regulatory motor vehicle requirements, and thus should not have been certified compliant to U.S. regulations.
While initially there were no specific customer complaints, eventually NHTSA purchased one of Wildfire’s early vehicles sold in the U.S. to the consumer public. NHTSA took that sample vehicle and immediately tested and inspected it for regulatory noncompliance and defects. Upon inspection, it was discovered that the vehicles had an AS-2 windshield (tempered glazing with ≥70% light transmittance), which did not meet basic U.S. windshield requirements of 49 CFR 571.205 Glazing Materials (FMVSS 205, see Arete summary).
In November 2009, NHTSA informed Wildfire of windshield noncompliance, and NHTSA mandated the first recall for Wildfire vehicles in December 2009 (for example, see NHTSA Recall 09V470 of Wildfire Motors 2009 WF-120). NHTSA records show that customers began complaining.
Documentation from Wildfire shows that, at the time of the recall, the original manufacturer was no longer in business and therefore Wildfire could not rely on the manufacturer for any assistance. Wildfire was solely responsible monetarily and logistically for remedying all noncompliances.
This recall forced Wildfire to purchase new custom-made AS-1 windshields (laminated glazing with ≥70% light transmittance) to fit the vehicles and install these free of charge in the vehicles. Wildfire informed its dealers that new replacement windshields would be available starting January 29, 2010.
However, NHTSA did not stop testing Wildfire’s vehicles. NHTSA contracted Transportation Research Center (TRC), North America’s largest independent vehicle test laboratory and multi-user automotive proving ground, to perform further testing. TRC demonstrated that Wildfire’s vehicles also did not meet basic brake system requirements of 49 CFR 571.122 Motorcycle Brake Systems (FMVSS 122, see Arete summary). These additional failures included the lack of separate brake fluid reservoirs for each brake system, lack of seal and retention systems for the brake fluid reservoir cover, lack of appropriate brake fluid reservoir labeling, and lack of a brake failure indicator lamp, all of which were regulatory noncompliances.
Although Wildfire contested these findings, Wildfire was unable to provide any due care justification, was unable to show any documentation or independent third-party test-results demonstrating compliance was previously achieved and verified, nor was Wildfire able to fix NHTSA’s test-vehicle to prove it could be rendered compliant. Nevertheless, Wildfire delayed recalls for these issues for almost two years until February 2012, when NHTSA informed Wildfire that NHTSA intended to proceed with an “initial decision” that these vehicles were clearly noncompliant unless Wildfire “voluntarily recall” these vehicles. Upon that threat of action, Wildfire then entered into recall and advised its dealers that repair parts would be available in July 2012 (for example, see NHTSA Recall 12V031 of Wildfire Motors 2009 WF650-C, similar to left image above).
In August 2012, NHTSA tested a supposedly “repaired” vehicle only to find that the customer’s vehicle still did not meet the FMVSS requirements.
In October 2012, NHTSA held a public hearing on Wildfire’s failures, but Wildfire failed to attend to the meeting. Instead, Wildfire submitted comments that the supposed remedies Wildfire offered would not permanently fix the recall problems, and Wildfire said it did not have enough money to develop, purchase, or install remedies that would actually fix the recall failures.
In November 2012, NHTSA issued a “Recall Remedy Order”, mandating Wildfire to repurchase all affected vehicles from owners at the average market value of the vehicle ($3,400) and then fully destroy the recalled vehicles. In December 2012, Wildfire sued NHTSA to have the Recall Remedy Order reversed. In April 2013, after continued inaction on Wildfire’s part, NHTSA countersued and increased the civil penalties. The U.S. federal government’s verdict in March 2014 confirmed NHTSA’s lawful Recall Remedy Order to force Wildfire to repurchase all its noncompliant vehicles.
Separately, the U.S. Federal Environmental Protection Agency (EPA) began investigating the engines in Wildfire vehicles. The EPA discovered Wildfire’s engines and systems were also out of compliance for U.S. and EPA regulations, revoked all issued certificates of conformity to Wildfire, and confiscated all imported and unsold engines for forfeiture. In May 2014, Wildfire was forced to enter a consent judgment with the U.S. federal government (“consent decree”).
When Wildfire failed to timely implement the order, NHTSA requested the courts to hold Wildfire and its corporate officers in contempt and to fine Wildfire the civil penalty statutory maximum of $6,486,000.00. With Wildfire completely out of money as a corporation, its vehicles and engines confiscated, and all its resources and personnel completely tied up in litigation with multiple government agencies, Wildfire was forced to enter another consent judgment with the U.S. federal government that required the corporate officers to personally pay $433,000 to repurchase the defective vehicles and pay the courts $100,000 in fines.
Wildfire no longer exists as a motor vehicle company in the U.S. As a consequence of Wildfire’s noncompliance and demonstrable lack of due care, it was completely put out of business by the U.S. federal government.
 R TM SM.png){kind=small}
