Side/window Air Bag problems of the 2006 Subaru Forester

The contact owns a 2006 Subaru Forester. The air bag control module fails to activate at least once per week. On each occasion, the passenger side air bag off light illuminates. The occupant detection sensor does not recognize a passenger sitting in the front passenger seat. The passenger side air bag also does not activate when the vehicle is started approximately once out of 20-30 starts. The contact's wife weighs 120 lbs and is 5'5 inches tall. She sits erectly with the seat back nearly vertical. The failures have been reported and investigated by the dealer and manufacturer. The manufacturer stated that the "occupant protection system is working as its designed intent and as such we are unable to recommend a repair or modification". The current mileage was 28,000 and failure mileage was 13,421. Updated 01/03/08 oil was leaking onto the exhaust system, the engine would surge and sag during slight downgrades with the throttle held just off idle and speed held constant, the speed control over and under shoots on slight grades, it would not go to full throttle, or to closed throttle when speed control was activated. Updated.