Quality Control Systems Corp. Sues DOT for Tesla Data

Quality Control Systems (QCS) Corp. has filed a Freedom of Information Act (FOIA) lawsuit in the U.S. District Court for the District of Columbia in pursuit of Tesla airbag deployments data that the National Highway Traffic Safety Administration (NHTSA) has withheld from public view.

And Now, the Rest of the Story on Keyless Ignition

For more than two years, The Safety Record had sought to report the results of a 2014 National Highway Traffic Safety Administration keyless ignition compliance investigation that involved seven major automakers, and to have our Freedom of Information Act request to the agency be awarded media status.

Safety Research & Strategies Wins FOIA Case Against Florida DOT

A Leon County, Florida state judge has found that the state Department of Transportation violated the Public Records Act when it allowed guardrail manufacturer Trinity Industries to review thousands of emails involving Florida state officials before releasing them to Safety Research & Strategies.

The stipulated Final Judgment, signed on September 16 by Circuit Court Judge Angel C. Dempsey of Florida’s Second Judicial Circuit, awards SRS $13,844.50 in legal fees and acknowledges that:

Are Trinity Guardrails Safe?

On June 8, Cynthia Martin and Richard Blaine Markland of Dayton, Ohio, were southbound on I-93 in Ashland, New Hampshire, when the sedan left the roadway and struck a guardrail. Those steel rails lining the highway are designed to execute a complex task: keep the vehicle from leaving the roadway without deflecting the striking vehicle back into traffic, while allowing it to safely ride down the crash forces.

But the ET-Plus guardrail that driver Cynthia Martin struck did not yield to her Subaru Impreza and peel away from the vehicle like a flat metal ribbon. Instead, it penetrated the occupant compartment at the passenger side wheel well, slicing Markland and Martin in the legs and knees. The spear formed by the folded guardrail terminal end cap sheared Markland’s knee caps and caused both to sustain serious fractures. Both have undergone multiple surgeries to repair the damage. Markland is still in the hospital two months later.

“I know we spun around,” Markland said. “The guardrail had come into the car. Cindy was feeling a lot of pressure on her leg. My right leg was an open fracture with 4-6 inches of bone exposed. My right foot was trapped between the guardrail and the airbag, and some flesh was strewn across the inside of the car. The guardrail pushed a dent in my knee area. I knew something was wrong. Seeing my leg in that condition, I was screaming.”

The Martin incident is just the latest in a string of crashes in which an ET-Plus guardrail failed to perform properly, with devastating results for motorists and their passengers. But, according to Federal Highway Administration communications with the chief engineer of the New Hampshire state department of transportation, it never should have happened. Documents released as a result of a Safety Research & Strategies lawsuit in federal court, show that the FHWA and Trinity have devoted considerable energies to tamping down allegations that a 2005 dimensional change to the guardrail end terminals have turned these highway safety devices into weapons, rather than seriously investigating them.

Dallas-based Trinity, the globally dominant producer and seller of guardrail systems, has been battling these accusations since 2012, when Joshua Harman, president of a competitor company, SPIG Industries, of Bristol, Va., charged that sometime between 2002 and 2005, Trinity modified the design of its original guardrail end terminal design, the ET-2000, causing it to fail in crashes and injure and kill occupants in striking vehicles. 

These allegations have been the subject of news stories and civil liability, patent infringement, fraud and freedom of information lawsuits. The stakes are high. State departments of transportation buy highway safety equipment from a list of vendors whose products have been crash-tested and approved by the Federal Highway Administration; the FHWA reimburses states that use approved equipment. So, the FHWA’s acceptance is critical to a manufacturer’s business. States rely on FHWA certification as an indication that the equipment performs adequately. Without knowing it, motorists also depend on the federal agency’s imprimatur when they crash into a guardrail – to get the best chance of surviving the crash safely.

Unlike other regulatory approvals from other agencies, such as the National Highway Transportation Safety Administration or the Food and Drug Administration, there is no avenue for consumer or the state to resolve defect issues. The FHWA has no enforcement power, expect to withhold its acceptance letter. The New Hampshire crash and others like it demonstrate the weakness of this “system,” when it breaks down.

The Background

In the 1960s guardrail designs used blunt ends that acted like a spear, penetrating the vehicle occupant compartment in a crash. The turned-down twist design of the 1970s buried the exposed ends, but acted like a ramp in a crash, causing vehicles to rollover. Today’s preferred design is the Energy-Absorbing End Terminal, which absorbs the crash energy, bends the end terminal away from the vehicle, and extrudes it through a slot into a flat metal ribbon.

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.”

Government Officials Video Electronic Unintended Acceleration in Toyota: NHTSA Hides Information, SRS Sues Agency for Records

In mid-May, two engineers from the National Highway Traffic Safety Administration’s Office of Defects Investigation witnessed a 2003 Prius, owned by a high-ranking government official, accelerate on its own several times while on a test drive with the owner, without interference from the floor mat, without a stuck accelerator pedal or the driver’s foot on any pedal.

“They said: Did you see that?” the Prius owner recalled in a sworn statement.  “This vehicle is not safe, and this could be a real safety problem.”

They videotaped these incidents, excited that, at long last, they had caught a Toyota in the act of unintended acceleration, with a clear electronic cause. The engineers downloaded data from the vehicle during at least one incident when the engine raced uncommanded in the owner’s garage and admonished the owner to preserve his vehicle, untouched, for further research.

But three months later, the agency decided that there was no problem at all. The agency thanked the Prius owner for his time and said that it was not interested in studying his vehicle. This critical discovery was never made public. The agency did not even put this consumer complaint into its complaint database, until months later, at the request of Safety Research & Strategies.

Today, for the second time in as many months, SRS sued NHTSA for documents, alleging that NHTSA has improperly withheld material that has vital public interest.

Safety Research & Strategies Takes DOT and NHTSA Transparency Battle to Court; Sues for Toyota Investigation Documents

WASHINGTON, D.C. – Safety Research & Strategies, a Massachusetts safety research firm that advocates for consumers on safety matters, sued the National Highway Traffic Safety Administration today over the release of Toyota Unintended Acceleration investigation documents.

The civil action, filed in U.S. District Court for the District of Columbia (Civil Action No. 11-2165), alleges that the U.S. Department of Transportation and NHTSA violated the Freedom of Information Act by withholding public records involving an unintended acceleration incident reported by a 2007 Lexus RX owner in Sarasota Florida, and requests the court to order their release.

“One of President Obama’s first acts was to issue an Executive Order on transparency and open government, pledging a commitment to creating ‘an unprecedented level of openness in government,’” says SRS founder and President Sean E. Kane. “The DOT and NHTSA have pledged transparency but have consistently kept vital information from the public.  The agency’s numerous investigations into Toyota Unintended Acceleration have been characterized by continued secrecy, preventing a full accounting of their activities and the complete replication of their analyses by independent parties.  This lawsuit asks the court to compel the release of documents that are relevant to a significant safety recall.”

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