NHTSA Announces $70 Million Consent Order Agreed to by Honda


NHTSA Announces $70 Million Consent Order Agreed to by Honda

January, 2015

Dear Care for Crash Victims Community Members:

NY Times reports Honda hit with record fines of $70 million (2 fines of $35 million each) for not performing required reports of data on deaths and injuries to NHTSA for over a decade.

“It is the largest amount that the safety regulator has ever levied against an automaker. The penalty stems from the automaker’s failure to report 1,729 death and injury claims to the agency for the past 11 years, and its failure to report certain warranty and other claims in the same period.

“Today’s announcement sends a very clear message to the entire industry that manufacturers have responsibility for the complete and timely reporting of this critical safety information,” Mark Rosekind, the new head of the agency, said Thursday.”  See 

http://www.nytimes.com/2015/01/09/business/honda-fined-70-million-in-underreporting-safety-issues-to-government.html?emc=edit_na_20150108

USA Today reports:

“Last year, NHTSA issued more than $126 million in civil penalties, which was a record. The agency says the total exceeded the total amount collected by the agency during its forty-three year history.

“These fines reflect the tough stance we will take against those who violate the law and fail to do their part in the mission to keep Americans safe on the road,” Foxx said.”  See 

http://www.usatoday.com/story/money/cars/2015/01/08/honda-fine-nhtsa/21445701/

Bloomberg News reports an interesting contrast between GM and Honda that raises questions about the relative safety of the two automakers:

“GM, eager to demonstrate proactivity in the wake of the biggest recall in its history, disclosed 102 death and injury reports per 100,000 vehicles sold in 2014 through November. By contrast, Honda disclosed 2.4 reports per 100,000 vehicles sold over the same period. “

And Bloomberg further notes what may be further future actions:

“The Center for Auto Safety, a research group that has been tracking recalls and defects since it was founded in 1970, asked transportation regulators in October to refer Honda to the Justice Department for a criminal investigation. It cited a 2009 fatality and an August 2013 incident resulting in serious injury that weren’t included in Honda’s Early Warning Reports.”  See

http://www.bloomberg.com/news/2015-01-08/honda-fined-record-70-million-for-underreporting-injury-claims.html

“The Center for Auto Safety responded to our inquiry:

“The Center for Auto Safety calls on the Justice Department to open a criminal investigation into Honda violating NHTSA’s Early Warning Reporting Regulation. $70 million is too small a price to pay considering Takata airbags is one of the defects Honda failed to report under EWR.  How many other deadly defects are concealed in the 1,729 death and injury claims not reported by Honda.  The company must waive all statutes of limitations at the state and federal level over potential recalls or lawsuits arising out of defects concealed in the unreported claims.” 

Open questions for NHTSA:  

1.  NHTSA has not yet responded to our inquiry as to whether its fines are tax deductible or not.

2.  NHTSA has not yet responded to our request for a link to the media briefing it held today and recorded at taxpayer’s expense.  It should be made publicly available.

Lou

 

Correction and Addition: Safety Inequality in America


Correction and Addition: Safety Inequality in America

December, 2014

Dear Care for Crash Victims Community Members:
Correction:  Thanks to one of our members, a typo of mine was caught – so second ad at Super Bowl costs $4.5 million – not billion.  
Addition:  And this member added some valuable information.“Roughly every 15 minutes someone dies in a motor vehicle crash.

Roughly every 15 minutes 4 people are seriously injured in an automobile crash.

That means that during a roughly 4-hour Superbowl presentation, 16 people will die and 64 people will be seriously injured.  I read somewhere that each American has roughly 5 close family contacts.  If one were to consider those, nearly 500 Americans will be impacted by death or serious injury during the Superbowl (which focuses its advertising on automobiles and beer drinking).”

That’s from a member who has been to more crash scenes than I have.  In a way, I am glad I made that typo.  Back to the original article.
An excellent article in Automotive News points out the plight of crash victims who own older vehicles — another example of Safety Inequality in America.  

““It’s a difficult problem,” said Clarence Ditlow, director of the Center for Auto Safety in Washington. “If you look at the older vehicles, the recall rate can drop to less than 50 percent.”

More than 17 million U.S. vehicles have been recalled for potentially defective Takata inflators, according to Reuters. According to a government analysis of recalls from 2000 through 2008, about 65 percent of recalled cars each year get fixed within 18 months of the recall.

So if just 65 percent of the Takata-related vehicles are fixed, that would leave some 6 million or more vehicles on the road with potentially explosive inflators that could send deadly shrapnel at drivers and passengers.

For years, Ditlow said, he has suggested a law requiring dealers to complete all recalls before selling a used car. In private transactions, the buyer would have to complete the recall before registering the vehicle.”

See http://www.autonews.com/article/20141222/OEM11/141219835/older-vehicles-can-escape-recalls-nets

This year, as in many of the past 40 years, the citizen auto safety group that has done the most to protect all Americans from crash injuries is the Center for Auto Safety.  See http://www.autosafety.org/

Inequality of Financial ResourcesYear after year, a small group has struggled on behalf of crash victims (all of us) against irresponsible actions by NHTSA and the auto industry.  It has been, and continues to be, a struggle of very limited citizen financial resources vs. nearly a Billion dollar “safety” agency + a Trillion dollar industry.   See http://www.nhtsa.gov/Laws+&+Regulations/NHTSA+Budget+Information andhttp://www.thedetroitbureau.com/2014/12/u-s-auto-industry-generates-record-1-1-trillion-in-2014-sales/

The inequality of financial resources can be recognized by the fact that the Center for Auto Safety annual budget is a small fraction of the cost of just one 30 second Super Bowl ad of $4.5 million this year. See http://www.thedetroitbureau.com/2014/12/automakers-spending-big-money-to-maximize-exposure-with-super-bowl-ads/

Note that in the corporate world, the auto industry funds spent on Super Bowl ads support a violent and injurious sport to Americans.

Moral Resources
In the human world, the small amount of citizen funds donated to the Center for Auto Safety support life saving work of enormous moral value.   In the world of “right makes might” the Center for Auto Safety has often carried the day on safety issues.  It has done so with hard work and expertise: day after day, week after week, and year after year.  It has won battles in the courts of public opinion, courts of law, and the legislative and executive branches of government.  
Unfortunately, in the world of might makes right, too often moral force is not enough.
Help Balance the Safety Inequality
In the USA, more than 3.6 million Americans have lost their lives to crash injuries.  Imagine if just one family member of each of those people killed donated $1 to the Center for Auto Safety.  It would be less than the price of just one Super Bowl ad.  See https://www.careforcrashvictims.com/clock.php In the USA, more than 688 million Americans have suffered crash injuries.  Imagine if just one family member of each of those people injured donated $1 to the Center for Auto Safety.  It would be less than the price of just 150 Super Bowl ads.  See https://www.careforcrashvictims.com/clock.php In the USA today, nearly 100 Americans lose their lives to crash injuries, another 400 suffer serious crash injuries, and these losses are valued by DOT at $1 Billion each day.  Imagine if just one family member of each of those people killed or seriously injured donated $1 to the Center for Auto Safety.  Over one year It would amount to $182,500.  It would be about the price of 1 second of just 1 Super Bowl 30 second ad.  See https://www.careforcrashvictims.com/clock.php
We members of the Care for Crash Victims Community can do our part at this time of moral and financial giving and donate to the Center for Auto Safety at http://www.autosafety.org/

Lou

 

Crash Deaths and Disabilities for Dollar$


Crash Deaths and Disabilities for Dollar$

December, 2014

Dear Care for Crash Victims Community Members:“12/8/2014

WASHINGTON — Four years ago during the Christmas season, the Federal Motor Carrier Safety Administration released its first draft of the new Hours of Service rule with a vastly different 34-hour restart provision, prompting American Trucking Associations President and CEO Bill Graves to remark that the FMCSA had just dropped three chunks of coal in trucking Christmas stocking.

Now the tables have turned, says one well-known safety advocate.

“Sen. Susan Collins (R-Maine) is playing Santa Claus for the trucking industry this Christmas, but the American driving public will be paying the bill with lives forever lost and horrific injuries,” Joan Claybrook, chair, Citizens for Reliable and Safe Highways (CRASH), said Monday at a news conference at the U.S. Capitol not far from where lawmakers were debating an omnibus appropriations bill that some said would include language to suspend the current restart provision.

“Sen. Collins wants to roll back current work protections and instead allow trucking industry executives to force truck drivers to work more than 80 hours a week.  This is inhumane and a formula for tired truckers wiping out innocent families in preventable truck crashes. This means big bucks to the trucking companies who are exempt from federal requirements to pay overtime to their drivers.” 

Source: http://www.thetrucker.com/News/Stories/2014/12/8/CollinsgivingtruckingearlyChristmaspresentClaybrooksays.aspx

The facts are that in Maine, on average, a person is dies of crash injuries every other day.  So you might think that the Senior Senator from Maine would not be doing what she is doing.

Imagine if every Senator had to spend a week riding in an 18 Wheeler before voting on this legislation.

Data on fatality rates by State are available at http://www-nrd.nhtsa.dot.gov/Pubs/812032.pdf

Lou

 

Today’s House Hearing on Takata Airbag Recall Mess


Today’s House Hearing on Takata Airbag Recall Mess

December, 2014

Dear Care for Crash Victims Community Members:

Today the House of Representatives will hold a Hearing.  The Notice, Schedule, and Testimony and Document Resources are available at:http://energycommerce.house.gov/hearing/takata-airbag-ruptures-and-recalls

The hearing will be webcast at 10:00 am.  See http://docs.house.gov/meetings/IF/IF17/20141203/102776/HHRG-113-IF17-20141203-SD001.pdf

Unfortunately, the witnesses are all not top level folk. No CEOs – only VPs and a Deputy NHTSA Administrator.  

Sadly the problem is tragically not yet receiving the attention needed. Millions of American motorists continue driving in danger for years.  A captive government agency driving under the influence of corporate power for more than a decade, is still incapable of protecting the American people.

More tragedies are ahead.

For background information seehttps://www.careforcrashvictims.com/blog-takatahiresdot.phphttps://www.careforcrashvictims.com/assets/CFCV-MonthlyReport-March2014.pdf

 

“‘Regulatory capture’; It’s killing us, , , literally.” & Rosekind is New NHTSA Administrator


“‘Regulatory capture’; It’s killing us, , , literally.” & Rosekind is New NHTSA Administrator

December, 2014

Dear Care for Crash Victims Community Members:

Today the NY Times noted Dr. Mark R. Rosekind was confirmed to be the next NHTSA Administrator.  Seehttp://www.nytimes.com/2014/12/17/business/senate-confirms-nominee-to-head-auto-safety-agency.html?module=Search&mabReward=relbias%3Ar%2C{%221%22%3A%22RI%3A7%22} And today, the NY Times also published an excellent investigative report on NHTSA’s years of failing to recall vehicles in the U.S. that were recalled in other countries.  A NY Times reader commented on the article, and the comment garnered 50 recommendations at this writing, that: “‘Regulatory capture’; It’s killing us, , , literally.”

The evidence of NHTSA’s regulatory captivity by the auto industry continues to grow.  See http://www.nytimes.com/2014/12/17/business/auto-recalls-abroad-may-not-prompt-us-recalls.html?hp&action=click&pgtype=Homepage&module=second-column-region&region=top-news&WT.nav=top-news

Dr. Rosekind is a psychologist.  Perhaps he can succeed in freeing NHTSA from its addiction to corporate servitude.  Many American lives depend on it.

Lou

 

Safety Inequality in America


Safety Inequality in America

December, 2014

Dear Care for Crash Victims Community Members:
An excellent article in Automotive News points out the plight of crash victims who own older vehicles — another example of Safety Inequality in America.  

““It’s a difficult problem,” said Clarence Ditlow, director of the Center for Auto Safety in Washington. “If you look at the older vehicles, the recall rate can drop to less than 50 percent.”

More than 17 million U.S. vehicles have been recalled for potentially defective Takata inflators, according to Reuters. According to a government analysis of recalls from 2000 through 2008, about 65 percent of recalled cars each year get fixed within 18 months of the recall.

So if just 65 percent of the Takata-related vehicles are fixed, that would leave some 6 million or more vehicles on the road with potentially explosive inflators that could send deadly shrapnel at drivers and passengers.

For years, Ditlow said, he has suggested a law requiring dealers to complete all recalls before selling a used car. In private transactions, the buyer would have to complete the recall before registering the vehicle.”

See http://www.autonews.com/article/20141222/OEM11/141219835/older-vehicles-can-escape-recalls-nets

This year, as in many of the past 40 years, the citizen auto safety group that has done the most to protect all Americans from crash injuries is the Center for Auto Safety.  See http://www.autosafety.org/

Inequality of Financial ResourcesYear after year, a small group has struggled on behalf of crash victims (all of us) against irresponsible actions by NHTSA and the auto industry.  It has been, and continues to be, a struggle of very limited citizen financial resources vs. nearly a Billion dollar “safety” agency + a Trillion dollar industry.   See http://www.nhtsa.gov/Laws+&+Regulations/NHTSA+Budget+Information andhttp://www.thedetroitbureau.com/2014/12/u-s-auto-industry-generates-record-1-1-trillion-in-2014-sales/

The inequality of financial resources can be recognized by the fact that the Center for Auto Safety annual budget is a small fraction of the cost of just one 30 second Super Bowl ad of $4.5 Billion this year. See http://www.thedetroitbureau.com/2014/12/automakers-spending-big-money-to-maximize-exposure-with-super-bowl-ads/

Note that in the corporate world, the auto industry funds spent on Super Bowl ads support a violent and injurious sport to Americans.

Moral Resources
In the human world, the small amount of citizen funds donated to the Center for Auto Safety support life saving work of enormous moral value.   In the world of “right makes might” the Center for Auto Safety has often carried the day on safety issues.  It has done so with hard work and expertise: day after day, week after week, and year after year.  It has won battles in the courts of public opinion, courts of law, and the legislative and executive branches of government.  
Unfortunately, in the world of might makes right, too often moral force is not enough.
Help Balance the Safety Inequality
In the USA, more than 3.6 million Americans have lost their lives to crash injuries.  Imagine if just one family member of each of those people killed donated $1 to the Center for Auto Safety.  It would be less than the price of just one Super Bowl ad.  See https://www.careforcrashvictims.com/clock.php In the USA, more than 688 million Americans have suffered crash injuries.  Imagine if just one family member of each of those people injured donated $1 to the Center for Auto Safety.  It would be less than the price of just 150 Super Bowl ads.  See https://www.careforcrashvictims.com/clock.php In the USA today, nearly 100 Americans lose their lives to crash injuries, another 400 suffer serious crash injuries, and these losses are valued by DOT at $1 Billion each day.  Imagine if just one family member of each of those people killed or seriously injured donated $1 to the Center for Auto Safety.  Over one year It would amount to $182,500.  It would be about the price of 1 second of just 1 Super Bowl 30 second ad.  See https://www.careforcrashvictims.com/clock.php
We members of the Care for Crash Victims Community can do our part at this time of moral and financial giving and donate to the Center for Auto Safety at http://www.autosafety.org/
Lou

 

Senators Speak up For Truck Safety


Senators Speak up For Truck Safety

December, 2014

Dear Care for Crash Victims Community Members:

For Immediate Release:

December 8, 2014

Contact: Josh Zembik (Blumenthal) – 202-224-6452Josh_Zembik@blumenthal.senate.gov Monique Waters (Booker) – 202-224-8150Monique_Waters@booker.senate.gov

 

BLUMENTHAL, BOOKER URGE MAJORITY LEADER REID TO REMOVE FROM OMNIBUS PROVISIONS THAT ROLL BACK REGULATIONS GOVERNING TRUCK SAFETY

 

(Washington, D.C.) – U.S. Senators Richard Blumenthal (D-Conn.) and Cory Booker (D-N.J.) today sent a letter to Senate Majority Leader Harry Reid, urging the Senate Majority Leader to ensure that critical  regulations governing truck safety remain in full effect and are not rolled back in the 2015 government spending bill, which will likely be on the Senate floor later this week. The letter comes in support of Administration efforts to ensure that truck drivers receive adequate rest and are not driving fatigued on the nation’s roads and highways.

 

“We are extremely disappointed that despite our grave concerns, this matter is moving forward through the appropriations process, rather than with extensive study and debate,” the senators wrote. “This issue is far too important to have been altered outside of the committee of jurisdiction and without debate by the Senate.

 

“The current hours of service rules governing rest requirements for truck drivers are based on years of study and sound scientific research in addition to a review of public comments. They should remain firmly in place.  In 2012 large trucks were involved in 3,700 accidents with close to 4,000 fatalities and 104,000 injuries. With so many crashes, we should be examining further limitations on hours of service, not suspending the rules currently in place. At the very least, hours of service requirements should not be suspended during further study, but rather maintained until evidence illustrates a change would not pose a threat to public safety.”

 

The full text of the letter is below, and as a PDF here:

 

The Honorable Harry Reid                        

Majority Leader                                                                              

United States Senate

221 U.S. Capitol                                         

Washington, D.C. 20510                                       

                                                                                

                                                                                

Dear Majority Leader Reid:

 

We have serious concerns with the suspension of hours of service rules designed to prevent truck driver fatigue in the Fiscal Year 2015 omnibus appropriations bill. The suspension of the rules could force tired truckers to stay on the road for longer periods of time, impairing the safety and wellbeing of the public. This provision should not move forward without further study and debate. We urge you not to include it in the omnibus legislation. 

 

In August, we wrote to Senator Mikulski outlining serious safety concerns and highlighted important testimony from a recent hearing held in the committee of jurisdiction that underscored the dangerous implications of rolling back these critical, life-saving rules. We are extremely disappointed that despite our grave concerns, this matter is moving forward through the appropriations process, rather than with extensive study and debate.  This issue is far too important to have been altered outside of the committee of jurisdiction and without debate by the Senate.

 

The current hours of service rules governing rest requirements for truck drivers are based on years of study and sound scientific research in addition to a review of public comments.  They should remain firmly in place.  In 2012 large trucks were involved in 3,700 accidents with close to 4,000 fatalities and 104,000 injuries. With so many crashes, we should be examining further limitations on hours of service, not suspending the rules currently in place.  At the very least, hours of service requirements should not be suspended during further study, but rather maintained until evidence illustrates a change would not pose a threat to public safety.

 

U.S. Secretary of Transportation Anthony Foxx and former Federal Motor Carrier Safety Administration (FMCSA) Administrator Anne Ferro, have both stated the current rules enhance safety and there is no data or evidence to support suspending the rules. It is estimated that the current hours of service rules can prevent 1,400 crashes, 19 fatalities and 500 injuries each year. 

 

Some in the industry, however, seem more interested in the profits that come with drivers working longer hours than with the safety benefits that come from ensuring truck drivers receive adequate rest.

 

America’s truck drivers work long grueling hours to deliver goods across the nation.  They are a vital part of our economy, and we owe it to these workers and the people driving on our roads to ensure that fact-based science-driven policies are in place, rather than throwing out the rules to put profits over safety.  

 

Thank you for your immediate attention to this matter. If there is any further compromise that can be reached to protect individuals from needless accidents, injuries and fatalities, we urge you to give it due consideration. 

 

 

Sincerely,

 

 

 

 

                                                                                                                                                          

Richard Blumenthal                                                               Cory A. Booker

United States Senator                                                             United States Senator