Fwd Advocates Statement on DOT Release of AV Policy

Dear Care for Crash Victims Community Members:

Joan Claybrook and Advocates have issued the following Press Releases on Public Safety, NHTSA, and Automated Vehicles.

For Immediate Release: September 20, 2016

Contact: Joan Claybrook, 202-422-6731

Statement of Joan Claybrook, former Administrator of NHTSA, on DOT AV Policy Release

 

The Department of Transportation (DOT) must use its federal regulatory authority to assure the American public of the safety of autonomous cars. Safety performance standards encourage competition among automotive companies because they help to assure a market for the real innovators and suppliers. The manufacturers always complain about new federal protections, but autonomous cars are a whole new technology with great promise but also with the potential for serious public harm.

We are pleased that DOT is planning to address these issues and seeking public comment for this new system of transportation but it must not shy away from assuring public safety with minimum federal vehicle safety standards. It should not rely instead on mere guidance, including for the initial elements of automatic vehicle operation such as Automatic Emergency Brakes (AEB) that currently is only guided with a useless industry voluntary standard (it was the key element that failed in the Tesla fatal crashes.)

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FOR IMMEDIATE RELEASE                                   

September 20, 2016

Contact: Allison Kennedy, 202-408-1711

akennedy@saferoads.org

STATEMENT OF JACQUELINE GILLAN,

PRESIDENT OF ADVOCATES FOR HIGHWAY AND AUTO SAFETY,

ON U.S. DOT RELEASE OF FEDERAL AUTOMATED VEHICLES POLICY

 

The U.S. DOT proactive approach to the safe deployment of automated vehicles is a welcomed development.

Yet, policy and legal gaps could result in consumers becoming

“human crash test dummies” in the rush to market.

 

Advocates for Highway and Auto Safety (Advocates) is pleased to see the U.S. Department of Transportation (DOT) taking a proactive approach to safety by releasing guidelines for the development of autonomous vehicles (AVs).  The advent of driverless cars holds great promise to advance safety.  However, federal oversight, minimum performance requirements, rigorous testing as well as transparent and verified data are essential in the development process.  Consumers cannot be “human guinea pigs” in this experiment and the federal government cannot be a passive spectator. 

The guidance about future plans released today by the federal government must be considered a first step in the process of ensuring that AVs are safe for the public. While we welcome innovation and the life-saving potential of AVs, we are concerned about life-threatening dangers in a rush to market.  The improvements promised by AVs needs to be framed and encouraged by federal safety standards which DOT has the authority to issue today.  The DOT must ensure that the American public is not used to “beta test” these new technologies. Beta testing, to eliminate program flaws, can be used for computer simulations but not for real world situations impacting life and death.

This announcement should not be seen as an alternative to comprehensive safety standards, thorough oversight and strong enforcement. The promising benefits of AVs are great, but the potential problems are too serious and the public safety risks are too momentous to be left to industry alone. Recent incidents involving the recall of tens of millions of vehicles and needless deaths and injuries due to faulty General Motors’ ignition switches, dangerous Takata airbags and cheating emissions systems in Volkswagen vehicles highlight how the industry easily conceals problems from both the public and the government.  That must also change. Now is the time for Congress to give the DOT and its agencies additional legal authority and enforcement tools that other safety agencies already have.  These include imminent hazard authority to quickly pull dangerous vehicles off the roads, criminal penalties for corporate malfeasance, and pre-market approval of new technologies to ensure public safety.

Advocates strongly urges the DOT to establish and enforce functional safety standards, before consumers even open the car door to AVs.  This is the same approach the Federal Aviation Administration (FAA) uses to review and approve new technologies in the aviation industry.  It has served the public well, has guaranteed safety and has not hampered the introduction and deployment of new safety technologies.

The DOT has the responsibility to ensure that motor vehicles do not pose an unreasonable safety risk to the public.  The potential safety benefits that AV systems may provide will only come once they are able to operate safely and without fail under all operating conditions and at all times.  During this transition between old and new, which may take many years, federal agency oversight and involvement are essential to ensuring that public safety doesn’t take a back seat to private enterprise.

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GM Recall Survivors Working to Save Future Lives

Dear Care for Crash Victims Community Members:

Laura Christian, mother of a daughter killed in a defective GM vehicle, has launched a Detroit Billboard initiative memorializing the 174 dead – counted so far.

One aim is to organize crash victims into a force for safety.

The Press Release and the Billboard design are attached.

Lou

GM Continues Efforts To Avoid Responsibilities For Ignition Switch Deaths, Injuries, and Losses

Dear Care for Crash Victims Community Members:

Our Past:

The Wall St. Journal reports on the latest legal maneuver by GM in the long saga of minimizing justice for crash victims.  The saga has been documented by the Center for Auto Safety at http://www.autosafety.org/general-motors-ignition-switch-recalls-homepage/

Our Present:

The Wall St. Journal, in an excellent article, reports:

“GM Continues to Seek Shield From Ignition-Switch Suits

Auto maker challenging July appeals court ruling that denied its efforts to use its 2009 bankruptcy to block lawsuits over the defective ignition switches

By Tom Corrigan
Aug. 11, 2016 5:44 p.m. ET

General Motors Co. sought a rehearing of an appeals court ruling that exposes it to hundreds of potential lawsuits and some $10 billion in liabilities from faulty ignition switches.
Lawyers for the nation’s largest auto maker on Wednesday said the court made two “fundamental errors” when it last month ruled against the company’s efforts to use its 2009 bankruptcy to shield itself from the litigation over the ignition switches.
The decision “makes no sense and is flatly contrary to the bankruptcy code and decisions from other courts,” the Detroit auto maker said. GM said the court’s decision, if not reversed, would permanently damage the bankruptcy process that saved it from collapse in 2009.
The Second U.S. Circuit Court of Appeals in Manhattan denied GM’s attempt to use its bankruptcy to block lawsuits seeking potential claims over the defective ignition switches, which have been linked to 124 deaths. The ruling overturned a bankruptcy judge’s earlier decision to bar claims that arose before its chapter 11 filing.

Steve Berman, a plaintiffs’ lawyer involved in the GM litigation, said the Second Circuit rarely grants requests for a rehearing, and noted the court’s decision was unanimous”.  See  http://www.wsj.com/articles/gm-continues-to-seek-shield-from-ignition-switch-suits-1470951862?mod=itp&mod=djemITP_h

Our Future:
Remember that many crash victims were left out of any compensation and the number of victims is likely to grow as unfixed vehicles are still on the roads endangering people.  See http://www.bloomberg.com/news/articles/2015-07-01/gm-fund-excludes-scores-hurt-or-killed-in-cars-with-switch-flaw
Will justice ever prevail?
Lou Lombado

____________________Lou Lombardowww.CareForCrashVictims.com

NBC Gets NHTSA to Investigate Hollywood “Topless” Tour Bus 15 Passenger Vans

Dear Care for Crash Victims Community Members:

NBC has moved NHTSA to investigate an obvious safety problem.

“The federal government is now investigating one of the most famous tours in the world because of an NBC4 investigation. The I-Team series documented potential safety hazards of Hollywood tour buses, including showing how some seatbelts have been modified or removed altogether. The series also looked at how the buses have been customized so that they are “topless,” leading experts and officials to question their ability to protect passengers in the event of an accident.

The United States Department of Transportation has mailed certified letters to more than two dozen tour bus companies stating it believes the convertible tour buses lining Hollywood Boulevard are not safe and should not be taking passengers anywhere.”

Lou Lombardo

____________________Lou Lombardowww.CareForCrashVictims.com

NHTSA Counts 2015 Fatalities: 7.2% increase to 35,092 American Deaths

Dear Care for Crash Victims Community Members:

NHTSA notes “The last single-year increase of this magnitude was in 1966, when fatalities rose 8.1% from the previous year.”

And “In response to the increase, DOT, NHTSA, and the White House are issuing an unprecedented call to action to involve a wide range of stakeholders in helping determine the causes of the increase.”  

See http://www.nhtsa.gov/About+NHTSA/Press+Releases/traffic-fatalities-2015

President Obama in his final months in office should carefully consider his legacy of the nearly 250,000 American deaths and nearly 1 million serious injuries due to vehicle violence – all while he has been President.  See https://www.careforcrashvictims.com/assets/MonthlyReportforJanuary2016-Corrected.pdf

Lou Lombardo

____________________Lou Lombardowww.CareForCrashVictims.com

NHTSA Counts Additional Vehicle Violence Deaths Occurring At Rate of 5 per Day Off Public Roads

Dear Care for Crash Victims Community Members:

New NHTSA data released on Non-Traffic “off the public traffic ways.”   These statistics are in addition to the NHTSA counts of deaths along public roads of more than 90 deaths per day on average.  New Non-Traffic Statistics:  Deaths average about 5 per day.  Injuries average about 250 per day.

Crash*Stats “Non-Traffic Surveillance: Fatality and Injury Statistics in Non-Traffic Crashes, 2012 to 2014” (DOT HS 812 311):   Non-traffic motor vehicle crashes are a class of crashes that occur off the public traffic ways.  These crashes are mostly single-vehicle crashes on private roads, two-vehicle crashes in parking facilities, or collisions with pedestrians in driveways. This publication focuses only on non-traffic crashes and presents some salient statistics about occupants and nonoccupants killed and injured in such crashes from 2012 to 2014. An average of 1,898 people were killed each year in non-traffic motor vehicle crashes during the 3-year period 2012 to 2014. About a third (34%) of those people killed were nonoccupants such as pedestrians and bicyclists. Additionally, 92,000 people were injured in these crashes each year, of which a third (33%) were nonoccupants.These statistics are in addition to the NHTSA counts of deaths along public roads of more than 90 deaths per day on average.  See https://crashstats.nhtsa.dot.gov/Api/Public/ViewPublication/812240
People concerned with crash deaths and injuries wonder why presidential candidates are not mentioning vehicle violence but do mention gun violence.  Both deserve national solutions.
Lou

____________________Lou Lombardowww.CareForCrashVictims.com

NY Times Op Ed: “The Real Crime Is What’s Not Done”

Dear Care for Crash Victims Community Members:

Here’s an Op Ed that the NY Times has published that is germane to the plight of crash victims – past, present, and future.

It concludes:

“The injustice of the Flint contamination and other safety disasters demand a meaningful response. Criminal law is not the right tool for the job.”
I do not agree with that conclusion!  Criminal law is the most underutilized tool in democracy’s tool box.  The NY Times did not even allow its readers to comment.
Our community needs to address this Op Ed.  Otherwise the deaths and injuries of all victims will continue without end.
Lou

____________________Lou Lombardowww.CareForCrashVictims.com