NHTSA’s Responsibilities For Deaths

Dear Care for Crash Victims Community Members:

Americans should be thankful for the work of Clarence Ditlow and the Center for Auto Safety (CAS) for identifying the failures of NHTSA and DOT that resulted in the preventable recent deaths of two Americans here in the U.S.A.

Please see the CAS Analysis and letter to NHTSA Administrator Mark Rosekind.

CASNewsImage

CAS Analysis Shows Tesla (Joshua Brown) & Jeep Shifter (Anton Yelchin) Deaths Lie at NHTSA’s Feet

July 15, 2016

The tragic deaths of Anton Yelchin and Joshua Brown due to faulty electronics must be placed squarely at NHTSA’s feet.  In its zeal to advance vehicle electronics, NHTSA has forgotten it is a regulatory agency to ensure vehicle safety, not a promotional agency to foster the development of vehicle technology.

Yelchin’s death is due to NHTSA creating a huge loophole in 1999 in FMVSS 102 governing transmission shift mechanisms.  Brown’s death is due to NHTSA’s failure to issue a FMVSS for self-driving controls and allowing Tesla to beta test an autopilot system using consumer as test drivers on public roads, something that has never before been done in NHTSA’s history.

Congress intended that compliance with the federal rules would both regulate and stimulate new technologies.  Today’s NHTSA has abandoned the regulatory side for the stimulation side at the expense of safety.  By issuing interpretative rules as it did on electronic shifters for BMW and not issuing Safety Standards as it did on self-driving vehicles, NHTSA created safety loopholes that inevitably led to the deaths of Joshua Brown and Anton Yelchin.

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Click here to view the CAS Letter to NHTSA Administrator Rosekind

America needs people in government, in industry, and the media to do their jobs protecting the American people.

In this election year, we are on the road to 4 million vehicle deaths in the U.S.A. in the next decade.  How many more deaths will it take to get the President to set a Vision Zero goal?  See https://www.careforcrashvictims.com/assets/MonthlyReportforJanuary2016-Corrected.pdf

Citizen Marianne Karth and her family have gathered 20,000 signatures for President Obama to issue an executive order to set a Vision Zero goal.  See

http://annaleahmary.com/tag/vision-zero/

What hidden strings are holding him back?

Put safety first, please.

Lou

____________________Lou Lombardowww.CareForCrashVictims.com

Jeep Fatality

Actor’s Death is Latest Example of Inadequate Recall Response; CAS Lays Out Action Plan for Chrysler to Prevent Further Deaths and Injuries due to Transmission Defect

Star Trek actor Anton Yelchin was killed June 18 when his 2015 Jeep Grand Cherokee pinned him against his mailbox in a rollaway incident.  Yelchin’s death is unfortunately the latest example of industry and government incompetence in the face of vehicle safety defects.

On April 22, 2016, Chrysler issued a recall of 2014-2015 Grand Cherokees, as well as 2012-14 Chrysler 300s and Dodge Chargers, in order to add an additional part to enhance the Jeeps’ monostable gear selector.  The design of the monostable gear selector has been the source of much confusion for Chrysler owners, resulting in hundreds of rollaway incidents reported to both Chrysler and the National Highway Traffic Safety Administration (NHTSA).  Chrysler notes in its chronology that as of April 12, 2016 “FCA US has identified approximately 700 field reports potentially related to this issue which includes 212 crashes, 308 claims of property damage and 41 injuries.”

The vehicles involved had been under investigation by NHTSA since August 20, 2015, when the agency opened PE15-030.  When NHTSA upgraded the investigation to EA16-002 on February 3, 2016, the agency noted 121 crashes and 30 injury incidents in its opening memo.

Despite a clear defect affecting hundreds of owners with injury and potential death, Chrysler issued a Part 577 interim notification letter to owners promising to develop a fix by the 4th quarter of 2016. Just how quickly this fix would be available to owners is unknown, and given Chrysler’s recent recall efforts in fire-prone Jeeps, owners would be potentially subject to lengthy delays when seeking a remedy.

In a letter to Fiat Chrysler CEO Sergio Marchionne, CAS Executive Director wrote: The Center for Auto Safety calls on Chrysler to: · Notify owners not to drive these vehicles until repaired under the safety recall. · Provide free loaner or rental cars of comparable value to all owners until the vehicles are repaired under the safety recall. · For owners who cannot wait until a recall repair is available, buy the recalled vehicles by at original purchase or lease cost with deduction for use as is done under state lemon laws where the defect exists on the day the vehicle was bought. · Provide a detailed public timeline within 10 days of what is being done to make a recall remedy available, when parts will be available for all vehicles and who is doing the engineering for the recall. · Sergio Marchionne should publicly go and apologize to the family of Anton Yelchin.

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CAS Letter to Chrysler CEO Sergio Marchionne

CAS Letter to NHTSA Administrator Rosekind

16V-240 Part 573

16V-240 Amended Part 573

16V-240 Amended Part 573 Chronology

16V-240 Part 577

PE15-030 Closing Resume

Redacted Chrysler PowerPoint Presentation to NHTSA

EA16-002 Opening Resume

Chrysler Consent Agreement with NHTSA on Recall Performance

Anton Yelchin Death: Jeep Grand Cherokees Were Recalled for Rollaway Risk– 6/19/16

CAS FOIA: Missing Chrysler PE15-030 Documents

CAS FOIA: Missing Chrysler EA16-002 Documents

List of Chrysler Transmission Rollaway Recalls

Clarence Ditlow

Executive Director

Center for Auto Safety

1825 Connecticut Ave NW #330

Washington DC 20009

Inventors Seek Crowd Sourced Funding For Improving Rescue of Crash Victims

Dear Care for Crash Victims Community Members:

Please see this entrepreneurial effort to save lives.  Inventors Paul and David Smart are experienced fire rescue workers who have patented a system to provide fire fighters with information in real time to help extricate crash victims faster and safer.  This is a technology that is needed all across the U.S.A. today.

They ask:

“I’m writing to announce the launch of our Kickstarter page today. If we’re successful, we’ll raise 15K to have Chop Dawg Studios (www.chopdawg.com) create the demonstration prototype of our program that potential investors have been asking to see.

This will be a HUGE step towards helping us to help rescuers do their jobs and save more lives of crash victims. Here is the page:
Would you please share, forward, visit, post on FB, Twitter, etc. to help us get the word out? We need all the help we can get to raise 15K July 23rd. If we fall short, we get nothing. If we meet our goal, we could have our tech in recuers’ hands by the end of the year.”
If auto companies had hearts, they would be racing to help develop and deploy this technology.
Lou

____________________Lou Lombardowww.CareForCrashVictims.com

NHTSA Problems Counting Deaths

Dear Care for Crash Victims Community Members:

Thanks to Randy Whitfield of Quality Control Systems Corp. who has written an important note to us on this subject.   He offers us a particular, and recent, instance of NHTSA’s failure to count deaths – tire related deaths – in a rulemaking process once considered sacrosanct.  

“You wrote:
Time after time and safety hazard after safety hazard, inaccurate NHTSA death and injury databases are failing the American public and leading to inadequate safety measures to prevent needless deaths and injuries on the roads and driveways of America.
For example, tire-related deaths…
According to the official NHTSA press release…
“… each year there are almost 200 fatalities as a result of tire-related crashes”
But in fact, even the FARS data show the count in 2014 was 596.
Why would NHTSA’s tire safety rulemaking be guided (that is to say, brought to a halt) by a sample-based estimate of the number of persons who die in tire-related crashes which undercounts the figure derived from FARS by two-thirds?
See…
(And, of course, the FARS-based result is itself sure to be an underestimate.)
You wrote:  “More Americans must ask themselves: What strings hold back Federal auto safety actions by the President?”
To put it more bluntly, why would Federal auto safety officials knowingly mislead the public about important public health issues?”
See more of Randy’s excellent work at http://www.quality-control.us/
America is fortunate to have Randy’s organization working to save lives.
But America is not fortunate to have had NHTSA become a captive regulatory agency.  See NY Times article and readers comments at http://www.nytimes.com/2014/10/29/opinion/weak-oversight-deadly-cars.html
Lou

____________________Lou Lombardowww.CareForCrashVictims.com

NHTSA Still Not Counting Many People’s Deaths

Dear Care For Crash Victims Community Members:

The Center for Auto Safety has just sent a letter to NHTSA Administrator Rosekind finding:“NHTSA’s Fatality Analysis Reporting System (FARS) is supposed to be a census of fatal motor vehicle crashes but it is not. The National Safety Council historically comes up with 2,000 more motor vehicle deaths each year. Much of the difference is due to deaths occurring in non-traffic incidents such as hyperthermia or by definitional restrictions on FARS such as not counting off-roadway crashes or deaths beyond 30 days after the crash. For the past 15 years, we have documented our efforts on the Center’s “Missing in FARS” campaign, available at http://www.autosafety.org/missing-in-fars/ …. Until August 10, 2011, NHTSA insisted there were only 3 to 5 drowning deaths each year but was then forced to admit that there were actually 384 deaths each year on average…. This NHTSA conclusion is most telling because it admits that certain types of deaths cannot be measured by FARS. Another such type of death is seat back collapse where FARS does not contain any information on seat back collapse as CAS pointed out in its March 9, 2016 submission to NHTSA in support of the Cantor Petition to upgrade FMVSS 207. Time after time and safety hazard after safety hazard, inaccurate NHTSA death and injury databases are failing the American public and leading to inadequate safety measures to prevent needless deaths and injuries on the roads and driveways of America.”

Is it any wonder that crash survivors are justifiably upset?  Marianne Karth, articulating what many might agree, just wrote:“Are we doing enough, as a nation, to work on solutions to those things which could be prevented? I don’t think so and I have been calling for our leaders to adopt aNational Vision Zero Goal, to set up a National Vision Zero Task Force, to adopt Vision Zero rulemaking policies, and to appoint a National Traffic Safety Ombudsman.

See http://annaleahmary.com/2016/06/the-anger-and-frustration-in-the-aftermath-of-a-truck-crash-are-not-easily-resolved/

More Americans must ask themselves: What strings hold back Federal auto safety actions by the President?

Lou

NHTSA and Tesla Guilt – Past, Present and Future

Dear Care for Crash Victims Community Members:

Consumer Watchdog is calling on President Obama, DOT, NHTSA and Tesla to do the right thing for safety.  Keep their hands on the wheels and eyes on our future for safety from pain – not on the revolving door and private gain.

“Consumer Watchdog Exposes Robot Car Weaknesses At Symposium; Calls On Tesla To Update Software & Carmakers To Accept Legal Responsibility, Asks Feds To Go Slow

SAN FRANCISCO, July 18, 2016 /PRNewswire-USNewswire/ — Consumer Watchdog today called on Tesla to require, through a software update, that the driver’s hands remain on the steering wheel when Autopilot is engaged, and for the Obama administration to slow its push to deploy self-driving robot car technology.  The group also called on Tesla and other carmakers to accept legal responsibility when their self-driving technology causes a crash.

The nonpartisan nonprofit public interest group brought a large white truck to circle outside the Union Square Hilton Hotel where the Automated Vehicles Symposium 2016 is being held this week. Department of Transportation Secretary Anthony Foxx and National Highway Traffic Safety Administration Administrator Mark R. Rosekind are to speak at this week’s Automated Vehicles Symposium and are expected to release industry-friendly “guidance” for robot cars, which give the public no opportunity for comment or scrutiny.

The white truck highlighted the shortcomings of Tesla’s Autopilot, which could not distinguish between a white truck making a left turn in front of the car and a bright sky in a fatal crash in Florida that killed former Navy SEAL Joshua Brown.  Consumer Watchdog’s truck had large signs reading “Tesla Don’t Hit Me!” and “Obama Speed Kills.”

View and download a photo of the truck here: http://www.consumerwatchdog.org/images/teslatruck071816sm.jpg

Consumer Watchdog proposed reprogramming Tesla’s Autopilot software to require the driver’s hands on the wheel in a letter sent today with former NHTSA Administrator Joan Claybrook to Tesla Chairman Elon Musk and NHTSA Administrator Mark Rosekind.  The letter also called for automakers to accept legal responsibility and for NHTSA to abandon its voluntary guidelines and adopt enforceable standards. Read the letter here: http://www.consumerwatchdog.org/resources/ltrmuskrosekind7-18-16_final.pdf”

“We are deeply concerned about the failure of Tesla and NHTSA to accept responsibility for the death of Joshua Brown, a death that is not the result of human error, but of the failure of technology and acceptance of a voluntary industry agreement by the government in lieu of minimum mandatory safety performance standards,” Court and Claybrook wrote.    

“The tragic fatal Tesla crash in Florida demonstrates the need for Federal Motor Vehicle Safety Standards rather than voluntary guidelines. Not only did the Tesla S’s video camera fail to distinguish a white truck from white sky, but its automatic emergency braking system failed to apply the brake with a tractor-trailer stretched across the road right in front of it.”  The letter noted that NHTSA had denied a rulemaking proceeding for safety standards for automatic emergency braking that may have created enforceable standards for radar range that could have prevented the death.”

See release at http://www.prnewswire.com/news-releases/consumer-watchdog-exposes-robot-car-weaknesses-at-symposium-calls-on-tesla-to-update-software–carmakers-to-accept-legal-responsibility-asks-feds-to-go-slow-300300071.html

Will Obama, Foxx, Rosekind and Musk keep their hands on the wheels and their eyes on our future safety?  Or will the American people suffer more pain – because their eyes are on the revolving door and private gain?

President Obama, Secretary Foxx, Administrator Rosekind and Tesla’s Elon Musk can’t talk with Joshua Brown the Tesla underride crash victim.  But they can talk with Marianne Karth for first hand knowledge of underride tragedy.  See http://annaleahmary.com/  And they can talk with Claybrook and Court on safety governance.  Will they or won’t they?  If not, why not?  That is the question the American people should be asking.

Lou Lombardo
____________________Lou Lombardowww.CareForCrashVictims.com

Adding Visuals To Rulemaking Increasing Public Understanding and Influence

Dear Care for Crash Victims Community Members:

The Karth family shares a Draft Law Review article that recognizes the importance of visuals in Rulemaking in increasing public influence.  See http://annaleahmary.com/2016/06/visual-rulemaking-law-review-article-and-deadly-underride-discussion-june-24-at-iihs/

The NY Times publishes an excellent article on the latest IIHS crash test visuals – such visuals have long influenced the advance of safety thanks to Dr. William Haddon, Ralph Nader, Joan Claybrook and many other safety leaders.  See   http://www.nytimes.com/2016/06/24/automobiles/risks-higher-for-front-seat-passengers-in-some-suv-crashes-tests-show.html?mabReward=CTM&action=click&pgtype=Homepage&region=CColumn&module=Recommendation&src=rechp&WT.nav=RecEngine
Letting the public see what is happening to them is a good step forward in advancing safety.

Lou

____________________Lou Lombardowww.CareForCrashVictims.com