TOYOTA OWNERS with noticeably faulty cars who are aware their car is part of the recall by Toyota could be charged under the Road Traffic Act if involved in a traffic incident, it has emerged.

A solicitor specialising in road traffic law has raised concerns of whether Toyota owners would be liable in the event of an incident, if they had been made aware their car was part of a recall and noticed a problem with the accelerator.

Toyota has yet to issue recall letters to the owners of 18,130 vehicles here thought to be affected by the recall, but have added a feature to their website where a car’s registration can be checked to see whether it is one of those affected.

According to solicitor Evan O’Dwyer, owners who are alerted of a recall of their vehicle should not drive their cars if they notice a problem with the accelerator.

“If there is a car that is blatantly defective there is a duty on the owner or any driver to ensure that they do not take it on the road.

“If any Toyota car-owner were made aware that their car potentially may be defective and had actual or potential knowledge of that defect, in civil law as opposed to criminal law, they may be liable if they are involved in an accident and if it is known or it is found out at a later stage that it is known that the car was defective,” said Mr O’Dwyer, of Crean O’Cleirigh O’Dwyer Solicitors.

In a statement, Toyota responded by saying: “A driver of a potentially affected vehicle could only be the subject of a charge under the Road Traffic Act if involved in an accident if he or she is aware that their vehicle is the subject of this recall campaign and that he or she is aware of the signs of wear and tear, symptomatic of the defect in the accelerator mechanism and they have become apparent, namely the accelerator sticking or becoming slow to return to idle, and they continue to drive the vehicle in this condition.”

The statement adds that “a responsible citizen having knowledge that their vehicle is one of those affected by the recall and who is experiencing the symptoms of the defect has the obligation to notify their Toyota dealer/Toyota Ireland. The Toyota dealer/Toyota Ireland has an obligation to immediately consider the difficulties being experienced by the driver and take appropriate action.”

Toyota’s president yesterday apologised for the global recalls.

Akio Toyoda, grandson of the founder, promised to improve quality control by setting up a special committee he would head himself. He said the carmaker was still deciding what to do to fix braking problems with the popular Prius gas-electric hybrid. Toyota has acknowledged the new Prius that went on sale in May last year has braking problems, but Mr Toyoda did not announce a recall.

It follows a global recall announcement last week over accelerator pedals that could potentially stick. Toyota Ireland has revised down the number of cars affected by the recall in Ireland. Originally estimated at 26,000, the firm now says the specific number is 18,130. The reduction is largely due to the removal of right-hand drive RAV4 models, and manual versions of its Aygo small car from the recall list.

Prius owners with queries about the braking issue can contact a Toyota helpline at 01-4190222.