Climate Change Leadership From California Officials

Climate Change Leadership From California Officials

Dear Care for Crash Victims Community Members:

A NY Times article reports on leadership that set climate change goals.

“LOS ANGELES — California will extend its landmark climate change legislation to 2030, a move that climate specialists say solidifies the state’s role as a leader in the effort to curb heat-trapping emissions.

Lawmakers have passed, and Gov. Jerry Brown has promised to sign, bills requiring the state to reduce its greenhouse gas emissions to 40 percent below 1990 levels.”

See  http://www.nytimes.com/2016/08/26/us/californias-emissions-goal-is-a-milestone-on-climate-efforts.html?mabReward=CTM&action=click&pgtype=Homepage&region=CColumn&module=Recommendation&src=rechp&WT.nav=RecEngine

This story is relevant because it addresses one of the forms of vehicle violence: air pollution emissions.  The story shows that people can get worthy goals set despite corporate opposition.

Long Fight For Clean Air

A story I recall took place California while I was working on the Clean Air Act. In 1969 students from MIT challenged students from CalTech to a Clean Air Car Race during the summer of 1970.  Engineering students from about 40 schools joined in.  My job in the summer of 1970 was to monitor the emission measurements in Boston, then at the Government lab in Ann Arbor MI, and finally at CalTech.   The goal was to see if students could build a car that could meet stringent standards being considered by Sen. Muskie.   At the time President Nixon was afraid that he might have to run against Sen. Muskie in 1972.  So the President tried to preempt Muskie by proposing stringent standards to be met by 1980.  Muskie and the Congress proposed moving up the 1980 standards to 1975 in the Clean Air Act.

The final afternoon of measurements was a high air pollution day in LA.  Someone came over to me and told me were experiencing record smog levels.  I was dubious and asked how he could say that.  He said that in the adjacent parking lot the County had a trailer measuring air pollution levels.  At a break, I decided to go over and see it.  So I jogged across the lot up three steps and could feel a burning in my lungs.  I went into the trailer and there were a few people watching the measurement charts going up and up.  I remarked: Wow that really is a high level.  Just then a man in a three piece suit next to me scowled at me:  “Smog doesn’t bother me one bit!”  I felt the hair on my neck stand up and returned to my tasks.

In the 1970 race a team from Wayne State University put together a Ford Capri with two catalysts.  The vehicle demonstrated the feasibility of meeting the 1975 standards Sen Muskie was proposing in 1970 and we did not have to wait until 1980 as Nixon was proposing. My job was to present the results to a National Academy of Sciences panel of Judges the following morning meeting them at a picnic table.  I knew by face who the Chairman was but not the other judges.  Five of six judges were there.  I showed the results to the Chairman and the other Judges who were present.  All were impressed. Then the Chairman started calling out to someone:  Harry!  Harry!  Over here.  Harry came over and sat down and the Chair told him the results.  Harry tried to get up but the Chairman said Harry, what do you think?  Harry tried to get up again.   And the Chairman put his arm around him and said again “Harry Isn’t this amazing?  What do you think?  Harry did not want to answer and desperately wanted to leave. Who was Harry?  Harry was the man that scowled at me the previous day. He was Harry Barr, VP of Engineering of GM.  See image attached.

Fortunately, I had previously met Sen. Muskie’s aide.  So I called him later and told him what had happened.  The test results were put into the Congressional Record.  The Muskie standards were enacted.

Seehttps://www.careforcrashvictims.com/1970-PolutionControlEfforts.phphttps://www.technologyreview.com/s/517961/a-clean-race/http://calteches.library.caltech.edu/293/1/car.pdfhttps://www.careforcrashvictims.com/assets/20008FX9.PDF

But the auto industry ultimately won by going to Nixon and getting the test methods changed.  I blew the whistle, was fired from EPA a year later, and sued the National Academy of Sciences for access to documents showing that the test procedures were being rigged.  Subsequently, years later, after the Nixon Tapes were released, the information I had been seeking from the NAS became public. The Nixon tapes revealed conversations in the White House with Henry Ford II in 1971 that the emission tests were being rigged (I was right).  The EPA, the Courts, and the NAS were wrong.    The American people were forced to breathe air with higher pollution levels for decades. See https://www.careforcrashvictims.com/blog/blog-cheatcircle/

The fight for Clean Air continues as does the harm to people breathing polluted air and suffering from climate change effects.

Lou Lombardo

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.)

###

 

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.

###

Fwd: FTC Sells Out Consumers Justice Department in Consent Order Allowing GM to Sell Certified Used Cars With Outstanding Safety Recalls

Dear Care for Crash Victims Community Members:

Please see the CAS News Release below with documents.

http://www.autosafety.org/wp-content/uploads/import/CASNewsImage.jpg

August 26, 2016

FTC Sells Out Consumers & Justice Department in Consent Order Allowing GM to SellCertified Used Cars With Outstanding Safety Recalls

In allowing GM to sell unrepaired vehicles with outstanding safety recalls, the Federal Trade Commission (FTC) not only is out-of-touch with vehicle safety in America but also jeopardizes the Justice Department’s Consent Settlement in the GM ignition switch mass defect that killed at least 174 consumers.  In a letter to US Attorney for the Southern District of NY Preet Bharara, CAS Executive Director Clarence Ditlow wrote:

    In a proposed consent agreement with General Motors, the Federal Trade Commission would emasculate Section 15(a)(4)of the DPA by allowing vehicles with open recalls to be sold in GM’s certified pre-owned (“CPO”)program.    There is no place in a CPO program for vehicles with open recalls which endangers the life of anyone who buys such a vehicle.    We call on your office to promptly step in and request the Commission to put the proposed GM order on hold so that the Independent Monitor’s team has a full opportunity, with a clean slate, to review, assess, and make recommendations regarding GM’s procedures for addressing the known defects of open recalls in certified pre-owned vehicles. This is the time to show how the DPA can benefit consumers.

#     #     #

CAS Letter to US Attorney Preet Bharara – 8/25/16

U.S. Senators’ Letter to NHTSA Administrator and FTC Chairwoman – 7/14/16

Consumer Groups, et. al Comments on Proposed Consent Agreement – 2/29/16

FTC Federal Register Notice: Proposed Consent Agreement – 2/3/16

FTC Documents

·         Agreement Containing Consent Order

·         Complaint

·         Complaint Exhibits A-F

·         Analysis of Proposed Consent Order to Aid Public Comment

·         PRESS RELEASE: GM, Jim Koons Management, and Lithia Motors Inc. Settle FTC Actions Charging That Their Used Car Inspection Program Ads Failed to Adequately Disclose Unrepaired Safety Recalls

Clarence Ditlow

Executive Director

Center for Auto Safety

1825 Connecticut Ave NW #330

Washington DC 20009

The FTC is yet another Federal Agency failing to protect the American people from harm.

When will it end?

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