Category: Blog

Auto Dealer in Congress Creates Safety Loophole – But Not In His Pocket


Auto Dealer in Congress Creates Safety Loophole – But Not In His Pocket

November, 2015

Dear Care for Crash Victims Community Members:

The Star-Telegram reports:

“U.S. Rep. Roger Williams fired back Thursday against questions raised about an amendment he made to a transportation bill last week.

In an article that ran in the Star-Telegram, the Center for Public Integrity stated that Williams, a longtime local car dealer, amended the transportation bill approved by the House to let auto dealers lend or rent vehicles that are up for safety recalls….

Although Williams made references to recalls like the stickers on the windshield visor, the exemption for the auto dealers applies to any recall, said Clarence Ditlow III, executive director of the Center for Auto Safety, a Washington-based advocacy group.

“His examples are a red herring,” Ditlow said, adding that the examples Williams gave of typos in manuals and stickers are fixed by the auto companies sending the auto owner a letter — which means that the car would not be “under recall” for those things.

Read more here:http://www.star-telegram.com/news/politics-government/article45527889.html#storylink=cpyAlthoughWilliams made references to recalls like the stickers on the windshield visor, the exemption for the auto dealers applies to any recall, said Clarence Ditlow III, executive director of the Center for Auto Safety, a Washington-based advocacy group.“His examples are a red herring,” Ditlow said, adding that the examples Williams gave of typos in manuals and stickers are fixed by the auto companies sending the auto owner a letter — which means that the car would not be “under recall” for those things.

The reason for the original Senate amendment, Ditlow said, is the concern of Sen. Barbara Boxer, D-Calif., about a rental car under recall in 2004 that resulted in the death of two sisters. Raechel and Jacqueline Houck, 24 and 20, of Santa Cruz were killed while driving a recalled Chrysler PT Cruiser with a steering problem from Enterprise Rent-A-Car. Boxer opposes Williams’ amendment.

Ditlow said: “It’s a horrible amendment. No one should be given a loaner car on an outstanding recall. It’s a crash waiting to happen.”

Williams’ amendment is part of the highway bill in conference between the House and Senate and is expected to be concluded by Dec. 4.

Henry Jasny, senior vice president of Advocates for Highway and Auto Safety, when told that Williams was an auto dealer, said: “Has a self-interest. It’s bad for his clients, his customers who he gives a loaner to. We don’t think any car should be rented or loaned to the public without a repair.”

No investigation

Williams said there’s no ethics investigation against him.

“I chose to apply some common sense to legislation that specifically intended to further over regulate small businesses and increase burdens on Main Street while they are still trying to survive in this Obama economy,” he said. “My minor, technical amendment reined in the federal government, and it passed the House unanimously.

“I remain committed to continuing to fight for my district, for my state and for all Americans against an administration that continues to choke small businesses.”

The Center for Public Integrity “stands 100 percent behind its reporting on this story,” its Executive Editor Gordon Witkin said.”  See

Read more here:

http://www.star-telegram.com/news/politics-government/article45527889.html

Voters can judge.  They can see the number of crash deaths in all Congressional districts over the past decade at https://www.careforcrashvictims.com/CrashDeathMappingTools.php
Lou

 

NHTSA – Takata Settlement


NHTSA – Takata Settlement

November, 2015

Dear Care for Crash Victims Community Members:

National Law Journal reports: “Takata agreed to pay $70 million in cash and another $130 million, should it fail to comply with the terms of the consent order. An independent monitor selected by NHTSA will oversee Takata’s compliance with the consent order for the next five years.” See

Please see consent order p. 8 for schedule of payments.  Only $20 million to be paid before 2016 election.   Senators Blumenthal and Markey noted that 8 deaths have been reported so far and that“Meager fines do nothing more than change the costs of doing business and provide no meaningful deterrence…”

For Immediate Release:

November 3, 2015

BLUMENTHAL, MARKEY STATEMENT ON NHTSA-TAKATA SETTLEMENT

Takata will be fined maximum $200million in penalties for concealing information about deadly safety defect in airbags 

(WASHINGTON, D.C.) – U.S. Senators Richard Blumenthal (D-Conn.) and Edward J. Markey (D-Mass.), members of the Senate Commerce Committee, issued the following statement today on the Consent Order issued by the National Highway Traffic Safety Administration (NHTSA) to Takata Corporation, which fines Takata up to $200million for the company’s failure to immediately report a known airbag safety defect, which has caused eight deaths and dozens of injuries. Takata must pay $70million and faces up to an additional $130million in fines for failure to comply with NHTSA’s order. NHTSA also for the first time used its authority to accelerate recall repairs.

“Meager fines do nothing more than change the costs of doing business and provide no meaningful deterrence for continuing reprehensible and irresponsible behavior that costs countless preventable injuries and lives. Today’s action provides further evidence that the cap on civil penalties levied by NHTSA must be eliminated by Congress, and we must also reform the criminal penalties associated with concealing life-saving information about defects from the public. We have a rare opportunity to address this in the Surface Transportation Bill, but Republicans have instead failed to pass meaningful reforms to change the behavior of auto companies that choose profit over human life.”

The Senators are right.   Compare the DOT Settlement with the DOT Policy Guidance of $9.4 million value of a statistical life.   Eight deaths so far multiplied by $9.4 million = $75.2 million. See DOT Policy athttps://www.transportation.gov/sites/dot.gov/files/docs/VSL2015_0.pdf

At least the agreement carried provisions that the fines would not be tax deductible.

 

Citizen Petition on Rental Car Safety Update


Citizen Petition on Rental Car Safety Update

November, 2015

Dear Care for Crash Victims Community Members:

Cally Houck mother of two daughters killed in a rental Chrysler vehicle has a petition on legislation that has gained the support of nearly 200,000 signers.  But Fiat – Chrysler is fighting back – and our continued support is needed.

Please help at https://www.change.org/p/rep-fred-upton-repfredupton-support-the-raechel-and-jacqueline-houck-safe-rental-car-act/u/14018866?tk=ICfXkH4TlAV5hFP33EsA9ohtIZ9Fz9bUzuw_y4irZZc&utm_source=petition_update&utm_medium=email

 

Corporate Corruption of Congress

Dear Care for Crash Victims Community Members:

The current Congress is ignoring predictable crash deaths as far into the future as the eye can see.

The current Congress is creating deadly loopholes in auto safety forever more.

Joan Claybrook warns “Instead of decisive action to improve safety, we’re being given a steady stream of corporate loopholes,” Claybrook said.   See  http://www.autonews.com/article/20151118/OEM11/151119847/auto-dealers-poised-for-victory-on-recall-provision-in-u.s.-highway

This is happening at Thanksgiving time in the U.S.A. today!
Imagine a predictable and preventable terrorist attack every day for as far into the future as can be foreseen.
Currently nearly 100 crash deaths, 400 serious injuries, and losses valued by DOT at $2 Billion occur each and every average day in the U.S.A. today.
This is happening at a time when more safety policy options, safety science, and safety technologies are available than ever before in history.
And still not even a national goal for Zero Crash deaths and serious injuries.
Nader has long said:  “The American people have more problems than we deserve, and more solutions available than are applied.”
Nader has been right for 50 years!
When will we ever learn and act?
Lou

Crash Deaths Up Nearly 10% in 2015 (1st 3 Months)


Crash Deaths Up Nearly 10% in 2015 (1st 3 Months)

November, 2015

Dear Care for Crash Victims Community Members: As Congress creates safety loopholes, NHTSA’s early estimates for 2015 show an increase in fatalities of nearly 10% in the first quarter of 2015.  See http://www-nrd.nhtsa.dot.gov/Pubs/812190.pdf

This increase in tragedies are currently being ignored by too many in the media, and many in Congress.

Crash Victims and Advocates have written to the Congressional Conferees about the deadly Safety loopholes that surely will result in many more tragedies.  See documents attached:

Lou

 

Some Death and Injury Rates to be Discussed by DOT and Automakers


Some Death and Injury Rates to be Discussed by DOT and Automakers

November, 2015

Dear Care for Crash Victims Community Members:

Automotive News and Bloomberg report:

“The rate of Volkswagen’s reporting to the NHTSA database is the lowest among major automakers over the last decade, including Honda and Chrysler, the Stout Risius data compiled for Bloomberg show. To ensure fair comparisons among car companies of different sizes, the rates were calculated per million vehicles on the road. The average of 11 automakers was 306 per million; Volkswagen’s rate was 34 per million.

U.S. Transportation Secretary Anthony Foxx has said he will summon automakers to Washington to discuss the need for accurate reporting of safety defects, including the death and injury reports. The meeting is expected before the end of the year.

“NHTSA will often note the number of incidents involving injury or death when initiating investigations or working with automakers to understand whether a recall is necessary,” said Neil Steinkamp, a Stout Risius managing director who analyzed the database for missing lawsuits. “The accuracy of these reports can be influential in identifying trends that NHTSA would act on.”   See

http://www.autonews.com/article/20151102/OEM11/151109992/vw-failed-to-report-death-3-injuries-linked-to-vehicles-to-nhtsa

NHTSA Withholds Fatality Rates Under Copyright Excuse

NHTSA has additional broader databases such as FARS where death rates by manufacturer are not published – but should be.  

On request, NHTSA makes available data on the number of fatalities by automaker – but not by rates per registered vehicle.  See https://www.careforcrashvictims.com/assets/MonthlyReportforSeptember2015.pdf

NHTSA claims such registered vehicle population data is protected by copyright.

NHTSA can and should bypass the copyright “protections” to carry out its primary mission to protect American motorists.  

Bloomberg has shown it can do so by making such registration data “estimates”.

NHTSA’s duty to protect Americans will be tested.  Will NHTSA continue to keep Americans in the dark on how automakers are performing in protecting their customers?

Lou

 

Estimated Auto Fatalities Up 8.1% in 2015 for the 1st 6 Months


Estimated Auto Fatalities Up 8.1% in 2015 for the 1st 6 Months

November, 2015

Dear Care for Crash Victims Community Members:

NHTSA early estimates for first half of 2015 show an 8.1% increase over last year – more than 1,000 additional deaths over 2014’s first 6 months!  See http://www-nrd.nhtsa.dot.gov/Pubs/812217.pdf

And corporate controlled Congress is adding safety loopholes in legislation that is about to be enacted that will predictably cause more preventable deaths.
This is worse than negligent homicide. 
Even DOT Secretary Foxx notes, albeit in paragraph 8 – not paragraph 1, that safety is of concern.  “Last but not least, I remain concerned about whether Congress will use this opportunity to raise the bar on safety or lower it.  We have seen proposals put forward that limit NHTSA’s ability to recall dangerous rental cars. Both versions prevent states from using federal dollars to enforce motorcycle helmet laws, which saved more than 1,600 lives in 2013 alone. The proposals could also hide critical safety data about truck and buses companies from the public; limit our ability to perform safety inspections of motor coaches; and make it more difficult for us to enhance the safety of rail cars carrying crude oil.” See  https://www.transportation.gov/fastlane/defining-success-congress-advances-long-term-transportation-bill
Imagine if President Obama and Secretary Foxx had the safety of the American people as their first concern!  100 Americans dying, 400 seriously injured, and losses valued by DOT at $2 Billion every day apparently is not enough to make safety their first priority in policy – not just their words.