NHTSA Proposes Side Impact Protection for Children

With just six months to go before a Final Rule is due to be published, the National Highway Traffic Safety Administration has released its proposal to add side impact testing to the child seat safety standard for children up to 40 pounds.

To the uninformed, the NPRM reads like the history of an agency moving forward expeditiously toward a test that will lead the way for global child safety standards. And it is true that the proposed sled test adds a new deformable door component. But a more complete dive into the history of side-impact crashes and protection for child shows that this innovation should have been an amendment to an existing side impact test for child safety seats. This proposal is waaaaay late, and the result of not one—but two—Congressional mandates, about a dozen years apart.

Here’s the truth: (And you can measure it by policy, by regulation, by research, by public engagement – it all comes out the same.) Protecting children in crashes has never been a priority for the agency, nor for the automakers. That’s how you get the first side-impact compliance test for child safety seats in 2014.

Nonetheless, some child seat safety experts are applauding the effort.

“I’m very excited that this is finally being implemented,” said Gary Whitman, Vice President, Research and Development at ARCCA Inc, and an expert in occupant crash safety systems who has tested hundreds of child seats and collaborated with NHTSA, the Pennsylvania chapter of the American Academy of Pediatric Child Injury Prevention, National SAFE KIDS Campaign, and the Children’s Hospital of Pennsylvania in child restraint research. “It’s long overdue and it’s a shame that it required an act of Congress.”

At the same time, Whitman and biomechanical expert Salena Zellers Schmidtke agree that the proposal has some serious deficits – it only protects children up to 40 pounds, and makes questionable assumptions about the efficacy of side air curtains for children in booster seats in a side impact crash.

Burning Questions: Why Did NHTSA Let Chrysler Slide?

Last Friday, David Shepardson of the Detroit News announced for NHTSA what many knew was coming: the 1993-2004 Grand Cherokee and 2002 - 2007 Jeep Liberty rear-impact fuel-fed fires investigation is over. No recall. The ornamental trailer hitch will stand as a symbolic gesture of a remedy.

This one has all the hallmarks of what has become an Office of Defects Investigation classic: design defect too difficult/costly to correct? Check. Bogus, untested remedy? Check. Appearance of action? Check.

You could tell that NHTSA was real proud of its work by the timing of the disclosure: 5 p.m. on a Friday before a holiday weekend. Classic public relations bury-the-news-and-hope-nobody-notices move. Release the information, and head home for the holidays. Classic and classy!

“Words cannot describe how disappointed I am in NHTSA and US DOT in general,” says Jenelle Embrey, the fiery Linden, Virginia woman who teamed up with the Center for Auto Safety to advocate for a recall on the older model Jeeps with the fuel tank aft of the rear axle design. Embrey launched her own crusade after witnessing the deaths of 18-year-old Acoye Breckenridge and the driver Heather Lee Santor in an October 2012 crash. Embrey’s dad, Harry Hamilton, managed to save one occupant of Jeep Grand Cherokee before it exploded.

Strickland Takes Express to Lobbytown

Well, we cracked open our virtual newspaper the other morning and found a bunch of non-news – winter is cold, New Jersey Governor Chris Christie’s a bully, and such. On the inside page, however, was a non-news story of particular interest: Former NHTSA Administrator David Strickland is leaving public service to re-enter public service as a lobbyist for the venerable firm of Venable LLP, which describes its business thus:

 "As the federal government’s regulatory reach expands, it is more important than ever to have a finger on the pulse of legislative and executive branch decision makers in Washington. Long recognized as one of the capitol’s leading law firms, Venable’s Washington office helps clients understand how evolving regulatory and policy issues can affect their businesses. The firm also assists clients in making their voices heard as policy is being crafted through both direct lobbying and the management of numerous issue-focused industry coalitions."

On its website, Venable boasts about helping clients clear regulatory hurdles, and successfully defending clients in product liability cases involving asbestos, tobacco, automobiles, industrial chemicals, and consumer electronics, as one of the nation’s “top defense firms.”

In hiring Strickland, Venable described him thus:

“An advocate for public safety on the roads, David has impressed the industry with his accomplishments,” said Brock R. Landry, co-chair of Venable’s Government Division. “From the Hill to the Administration, David is well respected and understands the often complex regulatory process from different points of view. He will play a key role in the ongoing growth of our Government Affairs, Automotive, and Technology practices.”

 

We think that the thing industry will be most impressed by was the pass David Strickland gave Toyota’s electronics in the Unintended Acceleration crisis. Sure, the government fined Toyota to the max. But the automaker only had to pay penalties for failing to mount timely recalls for floor mat interference and sticky accelerator pedals. NHTSA whitewashed the problems of Toyota’s electronic throttle control system. And, it was still chump change to the automaker. More importantly, it gave Toyota a federal cover in litigation against claims of an electronics defect. And, while the explosive Bookout verdict kinda blew that cover off with the conclusion of two respected experts that Toyota’s software was dangerous spaghetti code, (See Toyota Unintended Acceleration and the Big Bowl of “Spaghetti” Code) Strickland, as Robin to Former Transportation Secretary Ray LaHood’s Batman, did his part.

Toyota Lawsuits Wrapped?

Toyota is looking to close out its unintended acceleration crisis, with a speedy resolution to the remaining lawsuits out there. According to news reports, the automaker has been inspired by the Bookout verdict to settle a whole passel of UA lawsuits. Last month, for example, Toyota came to terms with Opal Gay Vance, a West Virginia woman who injured her neck and back, when her 2010 Camry suddenly accelerated, striking a trailer. The confidential settlement forestalled a trial set to begin on Jan. 21. In California, orders from judges in the U.S. District Court in Santa Ana and Los Angeles Superior Court opened the door to settlements in nearly 300 death and injury plaintiffs’ cases.

“We’re glad to see that Toyota has decided to approach this in a systematic and forthright way, and we look forward to seeing most of the pending claims settled in early 2014,” says attorney Donald Slavik of Robinson, Calcagnie, Robinson, Shapiro, Davis Inc. of Newport Beach, CA.

The race to empty the court dockets should not be confused with a conclusion to Toyota’s UA technical problems, which continue unabated. SRS took a stroll through the Vehicle Owners Questionnaire database, looking for 2013 UA complaints and found more than 300. They cover all of the classic scenarios, like this one:

"I backed my 2006 Toyota Corolla into a friend's driveway, and then put the car into drive to straighten it a bit. The car suddenly without warning shot across the street (perhaps at 45-50 mph), went over a 6" high cement retaining curbing, and across a lawn into another driveway. All the while I had my foot firmly on the brake (not the gas pedal). I swerved the wheel to avoid hitting a telephone pole, and the house. I finally got the car into neutral, and at last the brakes engaged, and I was able to stop the car avoiding a pick-up truck in the driveway and a tree. During this entire time the engine was loudly revving. Other than 3 shredded tires and 2 ruined rims, the car seems to be intact. I have contacted Toyota and hope for a successful resolution. The service manager at the dealership where this vehicle was purchased, however, said that since it is not under recall there is nothing they can do. Meanwhile I will be fearful every time I get behind the wheel, which I have yet to do!    3 new tires and 2 new rims is a small price to pay - it could have been my life! Had cars been passing by on this normally busy street, or children walking on the sidewalk on their way home from school - other lives as well could have been taken. This was a terrifying event! Judging from all of the similar stories written regarding this make, model and year, Toyota needs to do a recall to solve this problem once and for all." (ODI 10496026)

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