NHTSA's FOIA Problem

Safety Research & Strategies, a Massachusetts safety research firm that advocates for consumers on safety matters, has filed its third Freedom of Information Act lawsuit against the U.S. Department of Transportation alleging that the National Highway Traffic Safety Administration (NHTSA) has improperly withheld documents – this time related to in the Evenflo infant seat recall of 2008.

“NHTSA is the DOT’s only designated public health agency,” says Sean Kane, president of SRS, “Decision-making on important safety matters should not be a private affair between the agency and the regulated.  We will continue to press for the release of documents that should be in the public domain.”

Evenflo recalled the Discovery infant carriers in February 2008 – one year after Consumer Reports, a Consumer Union (CU) publication, printed a controversial story rating rear-facing infant car seats in front and side-impact sled tests. The CU tests showed that only two of the 12 seats performed well in tests and most failed.  And as part of the story, CU urged the recall of the Evenflo Discovery.

NHTSA conducted its own sled tests to check CU’s results and found that the organization’s testing contractor, Calspan, had assessed the seats under conditions that represented a more-than 70-mph impact, instead of the 38.5 mph intended. CU profusely apologized and withdrew its report.

One year later, NHTSA and Evenflo simultaneously released brief announcements that the juvenile products company would recall 1.1 million Discovery infant seats. Using strikingly similar language, both press releases referenced recent tests conducted by NHTSA and Evenflo which showed that “this car seat has the potential to separate from its base.”

Round 437: No One Cares About Kids in Cars – Still

Last week, the National Transportation Safety Board gathered all the government, industry and academic play-ahs in the board room of its headquarters to answer a question that’s been nagging safety advocates: Why doesn’t anyone give a damn about child safety in cars and planes?

The day-long meeting was meant to be a kick-off to the NTSB’s 2011 focus on child safety in airplanes and automobiles, with a special focus on increasing child restraint and seat belt use rates. Note to NTSB: you might want to allocate more time to this project – the lag in child safety regulation and industry practices has been the sad state of affairs for decades. Decades.

First up was the Federal Aviation Administration. The agency defended its practice of allowing children to fly without child safety restraints. Without a hint of irony, the FAA said that such a requirement would result in more people driving rather than flying, putting children at higher risk because the injury and fatality rates for children in motor vehicle crashes far surpasses that those in an airplane.

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