Senate Commerce, Science and Transportation Subcommittee on Consumer Protection, Product Safety, and Insurance Hearing
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Introduction
Good afternoon Chairman McCaskill, Ranking Member Heller, and members of the Senate Subcommittee on Consumer Protection, Product Safety, and Insurance. I am
According to the federal government, each year motor vehicle crashes claim more than 33,000 lives and millions more are injured. Each day, approximately 90 people die and more than 5,000 suffer injuries on America's highways. Every minute four people are injured and every 17 minutes a life is lost in a crash. n1 In the span of this hearing alone, seven people, more than the number of people on this witness panel, will have become victims of a fatal traffic collision and more than 450 will have been injured. The annual comprehensive cost of motor vehicle crashes is approaching
Additionally, the safety title of the Moving Ahead for Progress in the 21st Century Act n3, or MAP-21, was another important bill advancing safety. It included vehicle and traffic safety provisions directing agency actions on key lifesaving measures including occupant protection, teen driving, distracted driving, and impaired driving. In particular, this Committee held hearings and pushed passage of a comprehensive motorcoach safety bill based on numerous overdue and ignored recommendations, many of them decades old, issued by the
Even now, deadlines for the issuance of a number of final rules and other actions required by MAP-21 are delayed and will not be completed on time, including final rules on several key motorcoach safety issues for roof strength, anti-ejection protection and rollover crash avoidance, n5 as well as for improvement of child restraint systems also known as Lower Anchorages and Tethers for Children (LATCH), the criteria for increased civil penalties, and the study on the need for a vehicle electronics standard.
Despite these important safety gains, there is still an unfinished safety agenda. The reauthorization of MAP-21 provides an opportunity to address these safety concerns and take action to forge solutions. There is no question that hearings by this Subcommittee on the
I welcome this opportunity to appear before you today to strongly endorse several important bills that have been introduced to address these defects in the law and deficiencies by NHTSA including Chairman McCaskill's comprehensive six-year reauthorization bill, the Motor Vehicle and Highway Safety Enhancement Act of 2014, S. 2760. This bill contains needed safety provisions and funding authorization levels to continue improvement of highway safety and reduction of traffic fatalities. I will discuss the need for this legislation as well as other bills pending before the Committee including The Early Warning Reporting System Improvement Act of 2014, S. 2151, The Motor Vehicle Safety Act of 2014, S. 2559, The Automaker Accountability Act of 2014, S. 2398, and The Pedestrian Safety Act of 2014, S.2284, as well as issues not yet introduced as legislation that are worthy of your support and leadership. We are very grateful to the Chairman and also Subcommittee Members Senators
Lives Saved by Safety Systems and Programs
When
A comprehensive NHTSA reauthorization bill with sufficient agency funding and requiring additional commonsense and cost-effective safety improvements will allow NHTSA to fulfill its statutory mission to prevent death and injuries and economic losses from motor vehicle crashes.
Sufficient Resources for NHTSA is Essential
NHTSA's funding and staffing levels have suffered over the years. Today, 94 percent of transportation-related fatalities and 99 percent of transportation injuries n14 occur on our streets and highways and yet, NHTSA receives only one percent of the overall
The current agency budget for motor vehicle safety activities and research is a small portion of NHTSA's overall budget. Current funding for NHTSA's operations and research covering the Nation's entire vehicle safety program was only
The agency budget for vehicle safety should reflect its important lifesaving mission. In order to provide a solid foundation for NHTSA to address the safety of current and future vehicles, I urge the Committee to assure this small agency is given the funds needed to do its job. Laws and programs administered by NHTSA are responsible for saving at least an estimated 418,000 lives since 1975. n24 NHTSA authorization for operations and research should be substantially increased in acknowledgement of the daunting task the agency faces and tremendous beneficial impact the agency's work has on the lives of so many Americans.
Safety Bills Which Should be Included in the Safety Title
NHTSA is over 40 years old n25 and should be given authority and powers commensurate with the agency's experience and safety mandate. This responsibility should be coupled with powers that permit the agency to fully perform its duties and allow the agency to exercise its enforcement authority to ensure the safety of vehicles on our streets and highways. For this reason Advocates supports amending several federal laws to provide NHTSA with enhanced authority to address existing safety challenges with 21st Century approaches that will allow the agency to leverage its resources to protect the American public. Advocates strongly supports the following legislation.
The Motor Vehicle and Highway Safety Enhancement Act of 2014, S. 2760
We commend Senate Commerce, Science and Transportation Subcommittee on Consumer Protection, Produce Safety, and Insurance Chairman
Specifically, Advocates supports the increases to the highway safety grant funds and the addition of eligibility to use the funds to reduce injuries and deaths to older drivers, to improve emergency medical services response to crash sites, and to create countermeasures designed to decrease deaths and injuries to pedestrians and bicyclists traveling in the roadways. More pedestrians were killed in motor vehicle crashes in 2012 than in any of the previous four years. Pedestrian fatalities have increased by 15 percent and the number of pedestrians injured has increased by 29 percent since the recent low in 2009. n26 In 2012, the latest year of data available, there were 4,743 pedestrian deaths and 76,000 pedestrians injured. Vulnerable populations make up a significant share of pedestrian fatalities. More than one-fifth of children ages five to 15 who were killed in traffic crashes were pedestrians. Older pedestrians (age 65+) accounted for 20 percent (935) of all pedestrian fatalities in 2012. Moreover, the fatality rate for older pedestrians (age 65+) was 2.17 per 100,000 population - higher than the rate for all the other ages under 65. In 2010, pedestrian crashes resulted in
Additionally, we support the revision of the criteria states must meet to receive grant funding for enacting ignition interlock device (IID) laws. Currently, the grant program as interpreted by NHTSA after enacted in MAP-21, is overly prescriptive and hence ineffective. While 24 states have all-offender IID laws or laws required for the first offense of an offender with a blood alcohol concentration (BAC) of .08 percent, only two states received grant funding in FY 2013 and four states received grant funding in FY 2014. The commonsense changes contained in S. 2760 will help encourage states to enact IID laws which are effective and reduce the number of repeat offenders by 64 percent. n28 Since 50 to 75 percent of convicted drunk drivers continue to drive on a suspended license, it is essential that all drivers convicted of impairment be required to use an IID in order to prevent them from driving drunk in the future. n29
In 2012, an average of one alcohol-impaired driving fatality occurred every 51 minutes in our country resulting in a total of 10,322 deaths or almost a third of all traffic fatalities for the year. n30 According to the
Convincing and compelling studies show states that have adopted IID laws for all offenders are saving lives and reducing injuries.
IIDs are proven technological vaccines that help to save lives and prevent the disease of drunk driving recidivism. Nearly eight in 10 Americans support requiring IIDs for all offenders convicted of driving while under the influence of alcohol (DUI), even if it is their first conviction. n36 Furthermore, 82 percent of offenders themselves believe the IID was effective in preventing them from driving after drinking. n37 We urge the Subcommittee to support this essential improvement to the current criteria.
The bill also addresses inadequacies in laws and regulations brought into the national spotlight by the GM ignition switch debacle. Current law covers manufacturers in bankruptcy reorganization proceedings but does not cover liquidation bankruptcies. This bill would close that loophole, ensuring further protections for consumers against auto safety defects. Moreover, the bill increases the per violation cap on civil penalties from
Additionally, Advocates supports the advancement of The Raechel and Jacqueline Houck Safe Rental Car Act of 2013, S. 921, of which a modified version is included in S.2760. This bill is sponsored by Senator
The Early Warning Reporting System Improvement Act of 2014, S. 2151, and The Motor Vehicle Safety Act of 2014, S. 2559
Revelations about the failure of GM to timely recall vehicles with ignition defects, which led to at least 13 deaths, brought a spotlight on inadequacies with NHTSA's recall process, consumer information, corporate and agency transparency, and penalties. Advocates commends Senators
Currently, NHTSA is not making documents and investigations readily available to the public. In recent years the agency has reduced the size of, and access to, its technical library, discarded thousands of documents and reports of historical importance, and prevented public access to information by overly classifying records as confidential or requiring the public to seek records through lengthy Freedom of Information Act (FOIA) proceedings. n38 By making documents readily available to the public, NHTSA will reduce costs and resource burdens by eliminating the necessity for the public to needlessly file FOIA requests to obtain basic information. These two bills address many of the problems and failures identified in the GM oversight hearings held by this Committee.
These bills include provisions which:
* Require NHTSA to Post Publicly Available Documents on the Agency Website: NHTSA information and interaction with the public over vehicle safety recalls will be vastly improved if more information about recalls and defects is available. NHTSA should be required to post on its website all agency records and documents in the agency's possession that are not confidential.
* Revamp the NHTSA Website to Make it User-Friendly: The NHTSA website is difficult to use and it is hard to find information on the site. Many consumers have trouble understanding whether their vehicle, or a used vehicle they wish to purchase, has been the subject of a safety recall. The search engine generally does not locate items, even if the document is identified by name.
* Require Early Warning Reporting (EWR) to Include Fatal Incident Claims: The intent of the Transportation Recall Enhancement, Accountability, and Documentation (TREAD) Act n39 was to ensure that the DOT Secretary receives all reports of fatal traffic incidents that are alleged or proven to have been caused by a possible motor vehicle defect. However, under current NHTSA regulation, manufacturers need only indicate that a fatal crash occurred and do not have to provide copies of the underlying claim, notice or articles that inform the manufacturer that a defect-related fatality involving one of its vehicles had taken place. The EWR law should be amended to require that for incidents involving a fatality, the vehicle manufacturer must submit to the DOT Secretary all claims or notice documents, and any amendments and supplements to those documents, other than medical bills, medical documents and information related solely to property damage, that notified the vehicle manufacturer of the incident.
* Require that EWR Information be Posted Online in a Searchable Format: The EWR information and data should be provided to the public in a searchable website that allows the public to pull together data by make and model from a series of EWR reporting periods.
* Reverse Presumption Against Release of All Early Warning Information: NHTSA would be required to amend its regulations to establish a presumption in favor of the public disclosure of all EWR data unless otherwise exempt from disclosure under federal law. The TREAD Act requires automobile and auto equipment manufacturers to submit EWR reports on crashes, fatalities and injuries to NHTSA to allow for early identification of incident and defect patterns. The EWR data was intended to be made public but the agency decided to classify most EWR data as confidential business information. The agency classification created a presumption that provides a blanket exemption from disclosure without any requirement or need for the submitter to certify or file any justification that the EWR data actually contains confidential business information. Much of the EWR data is non-privileged factual information that has nothing to do with protected confidential business information. The agency classification mislabels EWR data as presumptively confidential in order to prevent it from being released to the public.
* Require "Issue Evaluation" Files Be Made Public (Secret Investigations): Formal defect investigations are required to be made public. NHTSA has created new nomenclature for its preliminary defect investigations in order to avoid having to disclose information to the public. "Issue Evaluation" and other agency investigation files should be considered part of the agency's formal defect investigation process and should be required to be made public.
In addition to these provisions, S. 2151 also includes provisions which:
* Require NHTSA to Utilize EWR Data in Defect Proceedings: NHTSA does not utilize EWR information in its investigations as a matter of course. The agency should be required to use EWR data as a source of information, when relevant, on any defect investigation.
*
In addition to these provisions, S. 2559 also includes provisions which:
* Authorize Judicial Review of Safety Defect Proceedings: In light of the weak response of the agency to reported defect problems with sudden unintended acceleration, essential changes should be required in the manner in which the agency decides how and when to grant defect petitions and the basis for opening and closing preliminary investigations and engineering evaluations. These final agency decisions should be subject to judicial review as is the standard practice for any other final agency order or decision.
* Limit Assertions of Confidentiality to Trade Secrets: NHTSA approves overly broad requests for confidentiality from manufacturers regardless of whether the information is truly confidential. The agency should be required to grant confidentiality only for specific data and information that is genuinely a corporate trade secret.
* Authorize NHTSA to Expedite Procedures when Imminent Hazard Posed: NHTSA should be authorized to expedite procedures for requiring a recall when there is an imminent hazard.
* Create Corporate Responsibility for NHTSA Reports: The bill would amend current law to direct that a rule must be issued to require senior corporate safety officials to affirm that responses provided to NHTSA are true and correct. Current law leaves this decision to the discretion of the agency.
* Require Reports to
* Restrict Covered Vehicle Safety Officials: Except for providing testimony, former DOT and vehicle safety officials are prohibited, for a period of one year, from any communication regarding any matter involving vehicle safety that seeks official action by any current NHTSA officer or employee on behalf of a regulated manufacturer.
* Create a Vehicle Safety User Fee: Starting one year after enactment, the DOT Secretary is to assess a user fee for each vehicle certified as compliant by a manufacturer. User fees are to be set at
* Create Authorization Levels: To carry out the Motor Vehicle Safety Act of 2014, the bill authorizes
* Prohibit Preemption of State Law: The bill prohibits the DOT Secretary, when issuing safety standards, from addressing the issue of preemption of state law regarding damages for personal injury, death, or property damage unless expressly authorized by
The Automaker Accountability Act of 2014, S. 2398
Recent safety defect issues have once again raised concerns about the authority of NHTSA to deter safety defects, to insist companies disclose safety defects once they are known to the company, and to impose appropriate sanctions on persons and companies that perpetuate safety defects. NHTSA's current civil penalty authority allows imposition of a maximum civil fine of only
The cap on civil penalty authority should be removed, and the maximum civil penalty per vehicle should be raised to the average sale price of a particular vehicle model, and criteria for imposition of at least a minimum level of civil fines should be required for violations based on annual worldwide motor vehicle sales and/or on the number of vehicles affected by a safety recall or voluntary safety campaign.
Advocates strongly supports The Automaker Accountability Act of 2014, S. 2398, introduced by Senators
The Pedestrian Safety Act of 2014, S.2284
On average, every two hours a pedestrian is killed and every seven minutes a pedestrian is injured. n40 The Pedestrian Safety Act takes a comprehensive approach to implementing safety improvements to prevent needless deaths and injuries to pedestrians and bicyclists. A broad coalition representing consumer, health and safety groups, children and older adults, pediatricians, emergency nurses and walking and biking advocates (list of coalition is attached) supports the solutions proposed in S. 2284, sponsored by Senator
As noted above, more pedestrians were killed in motor vehicle crashes in 2012 than in any of the previous four years. In 2012, 4,743 pedestrian were killed and 76,000 injured. Similarly, there was a six percent increase in the number of fatalities of bicyclists and other cyclists from 2011 to 2012. In 2012, there were 726 bicyclists and other cyclists killed and an additional 49,000 injured. Vulnerable populations make up a significant share of pedestrian fatalities. In 2010, pedestrian / cyclist crashes resulted in an economic cost of
To address this significant public health concern, improvements to both the vehicle and the roadway are needed to promote safety for pedestrians, bicyclists and motorists. It takes the comprehensive approach proposed in S. 2284 to effectively reduce preventable deaths and injuries. The MAP-21 Reauthorization Act, S. 2322, reported out by the
Being hit by a car does not have to be a death sentence. Advocates and supporters of the bill urge the
Traffic Safety Programs
For nearly 20 years, through four separate authorization laws, the nation has spent billions of dollars on traffic safety programs and various issue-specific incentive grant programs. n43 The highway safety and incentive grant programs have supported many worthwhile efforts, especially state and local enforcement campaigns that have been the cornerstone of local safety initiatives. Also, several states have adopted optimal safety laws in response to the incentive grant programs. However, while there has been progress in adoption of lifesaving traffic safety laws, far too many states have failed to enact numerous safety statutes resulting in an arbitrary patchwork quilt of laws across the nation.
In 1989, when Advocates was founded, only six states had a seat belt law subject to primary enforcement and no state's law covered rear seat occupants. In addition, not one state had enacted a statute requiring IIDs for drunk drivers or booster seats for children. Today, 33 states and the
In 1989, 22 states and D.C. had laws requiring all motorcycle riders to wear helmets; however, that number has unfortunately decreased over the years to 19 states in 2014 leading to a tremendous rise in motorcycle rider deaths. The number of motorcycle crash fatalities has more than doubled since a low of 2,116 in 1997. n45 The use of electronic devices in motor vehicles was not yet common in 1989 but today 39 states and D.C. have recognized the significant public safety threat posed by distracted driving and have enacted all-driver texting bans subject to primary enforcement. Yet, despite some progress, far too many states still lack basic highway safety laws that have been proven to reduce occupant and motorcyclist fatalities, protect novice teen drivers, prevent drunk drivers from getting behind the wheel, and curb crashes due to distracted driving.
Today, the majority of states (33) do not have a seat belt law that is subject to primary enforcement for all occupants of a motor vehicle. States that have passed a primary enforcement seat belt law have seen dramatic increases in belt use rates. In 2013, states with primary enforcement seat belt laws had a use rate of 91 percent, while states with secondary enforcement laws or without seat belt laws had a seat belt use rate of 80 percent. n46 Seat belt use, reinforced by effective safety belt laws, is a proven lifesaver. Lap-shoulder belts, when used, reduce the risk of fatal injury to front seat car occupants by 45 percent and the risk of moderate-to-critical injuries by 50 percent. For light truck occupants, seat belts reduce the risk of fatal injury by 60 percent and moderate-to-critical injury by 65 percent. n47
Currently, 19 states do not have a booster seat law that covers children through age seven although using a booster seat with a seat belt instead of a seat belt alone reduces a child's risk of injury in a crash by 59 percent. n48 Furthermore, expanded child restraint laws covering children through ages seven and eight were associated with a five percent reduction in the rate of children with injuries of any severity, a 17 percent reduction in the rate of children with fatal and incapacitating injuries, and a six percent increase in the number of booster-age children seated in the rear of the vehicle where children are more protected. n49
According to a 2012
Motor vehicle crashes are the number one killer of American teens. n53 On average, more than seven teens were killed in
Drinking and driving continues to be a national scourge on our highways. An average of one alcohol-impaired driving fatality occurred every 51 minutes in 2012. n56 Yet, the majority of states (26) do not require all drunk driving offenders to install an IID even though 82 percent of offenders themselves believe the IID was effective in preventing them from driving after drinking. n57 In addition, when IIDs are installed, they are associated with an approximately 70 percent reduction in arrest rates for impaired driving. n58
Finally, it is clear from a growing body of safety research, studies and data that the use of electronic devices for telecommunications (such as mobile phones and text messaging), telematics and entertainment can readily distract drivers from the driving task. In fact, sending or receiving a text message causes the driver's eyes to be off the road for an average of 4.6 seconds. When driving 55 miles per hour, this is the equivalent of driving the entire length of a football field blind. n59 Yet, 11 states still do not have a ban on texting while driving that is subject to primary enforcement and covers all drivers.
Advocates supports the National Priority Safety Programs, contained in Section 31105 of MAP-21, n60 that provide incentive grants to the states to pass these lifesaving safety laws. These grants are helpful to encourage action in state legislatures to pass measures that will reduce fatalities on our nation's roads. However, Advocates believes that the current requirements must be modified so that these grants serve as a true incentive to the states to strengthen their statutes. For both the 2013 and 2014 fiscal years, not one state qualified for a GDL grant and only eight states received federal funding to combat distracted driving including just one state in 2014. While Advocates urges
While Advocates applauds NHTSA for reorganizing the oversight of its grant programs to the states including monies disbursed under the National Priority Safety Programs, the recent report by the DOT IG shows that there is still much work to be done. The IG report found that from FY 2006 to FY 2012 there was
Additional Needed Motor Vehicle Safety Standards
The safety title of the MAP-21reauthorization bill will influence our nation's safety agenda for years to come as well as the death and injury toll on our highways. There are several issues Advocates would like to bring to your attention for consideration and work with the Committee in advancing several key safety provisions. Every one of these issues represents an opportunity to address a serious and deadly problem.
Seat belt Protection in Rollover Crashes
In 2012 alone, occupant protection measures including child restraints, seat belts, frontal airbags and motorcycle helmets have saved at least 16,000 lives. n62 Seat belts have been proven to be effective at reducing the risk of injuries and fatalities in crashes in a large number of studies, in many cases cutting the risk in half. n63 In 2012 over 12,000 lives were saved by seat belt use, and another 3,031 could have been saved with 100 percent seat belt use. n64 Although seat belt use rates reached 86 percent in 2012, n65 nearly 45 percent of all car and light truck occupants killed in that year were using some form of restraint. n66 Upgrades to seat belt systems can improve seat belt performance and reduce the number of restrained occupants who are killed in motor vehicle crashes.
Rollover crashes have accounted for more than a third of all fatalities in these vehicles annually since 2005. n67 In 2012, 7,500 passenger car and light truck occupants were killed in rollover crashes, amounting to 35 percent of all fatalities in light vehicles. n68 Little has been done to improve occupant restraint system protection in rollover crashes. Improvements in vehicle design, and the adoption of regulations for ESC, roof strength, and ejection mitigation, which address some causes of rollover crashes and injuries, have not eliminated rollovers as a major source of serious head and other occupant injuries.
Current seat belts systems are designed to provide safety in a frontal crash but do not retain the occupant in a safe position in the vehicle seat during a rollover crash. According to NHTSA data, 13 percent of fatal occupants and 27 percent of seriously injured non-fatal occupants who were partially or completely ejected through side windows in rollovers were belted. n69 These statistics reflect the inability of current seat belts to perform effectively in rollover crashes.
Given the large number of rollover deaths and injuries that could be prevented or mitigated, NHTSA should be directed to issue a final rule to establish vehicle seat belt rollover crash performance requirements, based on occupant excursion or other safety performance measures that require the use of existing technology, such as pre-tensioners, emergency locking retractors, and other belt-based safety devices to reduce occupant motion relative to the vehicle in the event of a rollover crash.
Electronics Safety Standard
In recent years, nearly all vital functions of motor vehicles have become reliant on electronic systems and computer controls. Critical safety systems such as the vehicle transmission, throttle control, braking and power window systems, as well as occupant restraint systems, among other functions, are dependent on electronics and are monitored and governed by electronic control units. Vehicle electronics are vital to the proper operation of all new passenger motor vehicle models. Modern motor vehicles are built using, on average, 40 electronic controllers, five miles of wiring that support numerous functions and are monitored and regulated by 10 million lines of software code. n70 MAP-21 requires the DOT Secretary to complete an examination of the need for safety standards to ensure a minimum level of performance by electronic systems in passenger vehicles. The study is required to consider electronic components and the interaction of those components, the security needs for electronic systems to prevent unauthorized access and the effect of the surrounding environment on the vehicle electronic systems. n71 The NHTSA study is still in progress and will not be submitted to
Despite the on-going study, Advocates is concerned that the failure to adopt minimum standards for complex electronic functions will lead to potentially serious safety problems. In the past six months alone, manufacturers have twice filed petitions requesting a decision of inconsequential noncompliance regarding interference with vehicle displays by non-safety systems such as accessing the radio, an mp3 player, or Bluetooth[TM] connected phone. In each case the use of a non-safety function interfered with a vehicle safety function causing a non-compliance with Federal Motor Vehicle Safety Standards (FMVSS). While these two situations may not have seriously compromised safe operation of the vehicles involved, they are clear examples of the need for a safety standard. At a minimum, such a standard for vehicle electronics should ensure that the proper functioning of safety systems cannot be degraded, inhibited, or interfered with by non-safety features.
Seat back Strength
The safety standard for seat back performance has not been upgraded since it was first adopted in 1967. When the driver or front passenger seat back fails or collapses in a crash, it endangers both the front and rear seat occupants. Regulatory compliance rear impact crash tests for fuel system integrity (FMVSS 301), conducted by NHTSA, reveal that almost every seat back fails, allowing a front seat occupant to be propelled into the rear seating area. Seat belt systems that are effective in frontal crashes are not designed to keep front seat occupants from slipping out of the belt system when the seat back collapses, leading to an increase in the risk of injury to the front seat occupant, often paraplegia or quadriplegia.
Parents have long been advised to secure young children in the rear seat. Also, as the U.S. passenger vehicle fleet gradually downsizes in response to more costly fuels as well as environmental concerns, the distance between front seats and rear seated occupants will be reduced.
In light of this information and the lack of action by the agency, we strongly urge this Committee to direct the DOT to upgrade the performance of vehicle seat backs, including head restraints, to increase the protection of children and adults in passenger motor vehicle crashes. The seat back standard is more than 45 years old and needs to be upgraded.
Consumers Must Be Able to Purchase Safety Equipment as Stand-Alone Options
Safety systems that are not required as standard equipment by federal regulation are promoted by vehicle manufacturers as optional equipment, but are often sold bundled together with non-safety features and only in certain vehicle model trim levels. For example, in 2012, consumers could not purchase a rearview or back-up camera system on the basic model of the highest selling passenger car. n75, n76 Back-up camera systems, which are not yet required in all vehicle models until the new standard takes effect in 2018, n77 were available only in a pricier version of many vehicle model lines, and then only as part of an expensive options package including many non-safety upgrades such as a power moon-roof, push button engine start, auto dimming mirrors, and leather trimmed seats that cost as much as
In this example, a safety conscious consumer looking to buy what at that time was the country's most popular passenger car would have to pay a 28 percent premium over the base price for improved rear visibility that could save the life of a child or pedestrian. This additional cost for consumers is even more shocking considering that NHTSA has already concluded that installation of rearview cameras would cost no more than
Safety conscious consumers should not be limited to the marketing campaigns of vehicle manufacturers when it comes to safety equipment. We urge the Committee to support amending federal law to authorize and direct the DOT to issue a final rule requiring that manufacturers must offer for sale as a stand-alone option (separately from any other technology or options package) any safety device, feature or technology that is listed by NHTSA as a recommended safety feature by the New Car Assessment Program (NCAP). Any such safety device, feature or technology that is offered on any trim level of a vehicle model must be offered on all trim levels of that vehicle model.
Crash Avoidance Technology Can Reduce Large Truck Crash Involvement
In 2012, there were over 5.6 million crashes on U.S. roads which injured over 2.3 million people and claimed the lives of over 33,500 people. n80 Despite representing only 4 percent of registered vehicles, collisions involving large trucks accounted for 12 percent of all fatalities in 2012. n81 Nearly 60 percent of all large trucks involved in fatal collisions in 2012 were in frontal impacts. Frontal impacts also accounted for 45 percent of all large trucks in injury crashes, and 36 percent of all large trucks in property damage only crashes. n82 In fatal two-vehicle crashes involving a large truck, the front of the vehicle was the impact point on the large truck in 62 percent of the cases. n83
Crash imminent braking (CIB), also called an autonomous emergency braking system (AEBS), is a crash avoidance system that can detect objects or obstacles in the vehicle path and apply the brakes automatically to prevent or mitigate frontal collisions. It is important to note that these systems do not take control of braking away from the driver unless a collision is imminent and almost unavoidable. This type of automatic braking system would both alert the driver and automatically begin braking in cases where the driver is not alert to the emergency nature of the situation.
Advocates urges
Reminders to Prevent Unattended Child Deaths
All too often, adults inadvertently leave infants and young children in child restraint systems in the rear seats of passenger vehicles and many of these incidents tragically lead to death. Among parents with only a child or children age three and under, 23 percent said that they had mistakenly left a child in a locked and parked vehicle. n89 Exposure of young children, particularly in hot and cold weather, leads to hyperthermia and hypothermia that can result in death or severe injuries. In 2013 alone, 44 children in the U.S. died of heatstroke. n90 Over the period 1998 to 2013, 606 children were killed from heatstroke. n91 This is the leading cause of non-crash-related deaths among children 14 and younger. n92 Of these needless deaths, 52 percent occurred when children were forgotten in the vehicle. n93 This risk of heatstroke is higher among children than adults because a child's temperature heats up three to five times faster and risk is exacerbated if the child is too young to communicate. n94
Just as with the issue of rear visibility and the inability of drivers to see in blind zones behind a motor vehicle, educational campaigns alone are not enough to stop these preventable deaths. Such inadvertent deaths can be avoided by equipping vehicles with sensors to detect the presence of the child and sound a warning at the time the driver locks the vehicle with a child inside. This is not rocket science. Similar warning features currently remind drivers when they have left the key in the ignition, left the headlamps on, and when a door or trunk is open while the vehicle is in motion. We urge the Committee to support a technological solution to this deadly problem including requiring the agency to issue a final rule by a deadline date within the next few years.
NHTSA Crash Data Collection Improvements - Need for Use of Cameras
Crash data collection is among the many critical areas under NHTSA's jurisdiction that urgently need to be modernized. Presently the agency oversees the collection of crash data for three related databases; the General Estimates System (GES) and the Crashworthiness Data System (CDS) which together are known as the National Automotive Sampling System, or NASS, and the Fatality Analysis Reporting System (FARS). The data collected for these systems form the bedrock of almost every safety analysis conducted by NHTSA and other federal agencies, and form the foundation for safety initiatives and rulemaking. Despite the fact that these databases are critical to identifying safety problems and developing safety countermeasures, the crash data systems have been woefully underfunded. n95 This has limited the collection and availability of data and the strength of research needed to improve vehicle safety to address the injuries sustained by more than 2 million people and the more than 33,000 deaths that occur each year in traffic-related collisions.
The underlying original source for the data used in the NHTSA crash data systems are police accident reports (PARs) generated by law enforcement officers responding to motor vehicle crashes. NHTSA collects information from police reports in every fatal crash in the FARS database, providing a census of all fatal crashes each year. The agency also collects information from police reports on a statistically based sample of approximately 50,000 non-fatal crashes, out of the more than 5 million crashes reported annually, in the GES database in order to develop an overview of motor vehicle crashes. The agency then investigates a selected sample of these cases to obtain in-depth data beyond the information contained in the police reports, as part of the NASS-CDS database for the analysis and development of safety countermeasures.
The CDS system, as originally conceived, was intended to conduct extensive investigations of a sample of 19,000 of the cases selected from the GES. As of 2012, the number of cases investigated has fallen below 4,000 and the agency has predicted that just over 3,000 cases were investigated in 2013. Budget limitations have severely reduced the capability of the program to less than a quarter of the original design size that was considered necessary as a minimum requirement to provide a robust sample of crashes involving recent vehicle models. This lack of funding seriously compromises the usefulness of the data that is critical to issuance of federal motor vehicle safety standards.
The modernization and improvement of the PARs which form the basis of the entire data collection system is a critical and necessary step. Considering the significantly limited number of cases which the agency is currently able to investigate, it is imperative that the agency be able to identify the most important cases which will provide meaningful data from a safety research standpoint. This modernization should include universal and improved electronic recording of PARs using laptops or handheld computing platforms already available to most law enforcement agencies. Such a change could improve the accuracy of PARs and provide a platform for increased transfer of information to state and federal crash databases.
The addition of digital photographs of vehicles involved in each police-reported collision, appended to the electronic police report, is another essential and inexpensive improvement that would provide a substantial benefit for crash data collection. Such a system would assist NHTSA investigators in selecting significant cases and would also benefit law enforcement at the local level by providing officers with visual documentation of conditions during an investigation. Although Advocates has strong reservations about relying solely on the PARs to make administrative ad hoc determinations of culpability for a crash, these modernizations would be focused on improving the amount and accuracy of information provided in PARs which will result in direct improvements in national safety data.
Advocates calls on
Conclusion
The quality of life for all Americans depends on a safe, reliable, and economical surface transportation system. Transportation solutions to promote mobility and the economy must involve not only financial investments, but also investments in safety as well. Highway crashes cost our nation more than
The decrease in highway fatalities that has occurred over the last six years affords an opportunity to continue the downward trend and make substantial and lasting reductions in annual fatalities. The tragedies caused by GM's inadequate recall process sounded the alarmon lapses in procedures to identify and disclose safety defects and laws to deter corporate actions that result in needless deaths and injuries. Now is the time to take direct and swift action by advancing The Motor Vehicle and Highway Safety Enhancement Act of 2014, S. 2760, The Early Warning Reporting System Improvement Act, S. 2151, The Motor Vehicle Safety Act of 2014, S. 2559, and The Automaker Accountability Act of 2014, S. 2398. Additionally, the recent and dramatic increase in pedestrian fatalities calls for the advancement of The Pedestrian Safety Act of 2013, S. 2284. There are no acceptable excuses for delaying any longer the adoption of lifesaving laws, consumer protections, increased penalties for corporate misbehavior, strengthening NHTSA's authority and resources, and improved vehicle safety standards that can save lives and reduce injuries, especially when the solutions are at hand as we have highlighted today.
Thank you for the opportunity to testify before you today and I am pleased to answer your questions.
n1 Traffic Safety Facts 2012, A Compilation of Motor Vehicle Crash Data form the Fatality Analysis Reporting System and the General Estimates System (Traffic Safety Facts 2012), DOT HS 812 032, U.S. DOT, NHTSA (2014).
n2 The current figure is
n3 Pub. L. 112-141 (
n4 Occupant Crash Protection; Final Rule, 78
n5 Since the NHTSA did not issue a notice of proposed rulemaking (NPRM) on Bus Rollover Structural Integrity until
n6 Traffic Safety Facts 2012.
n7 Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA), Title II, Part B, [Sec.] 2508, Pub. L. 102-240 (
n8 Traffic Safety Facts 2012.
n9 Id.
n10 Id.
n11 Id.
n12 Id.
n13 Traffic Safety Facts: Research Note, Estimating Lives Saved By Electronic Stability Control 2008-2012, U.S. DOT, NHTSA, DOT HS 812 042 (June, 2014).
n14 National Transportation Statistics 2013, U.S. DOT, RITA, BTS, Tables 2-2, and 2-4 (2014).
n15 Budget Highlights Fiscal Year 2014, U.S. DOT.
n16 Traffic Safety Facts 2012, A Compilation of Motor Vehicle Crash Data form the Fatality Analysis Reporting System and the General Estimates System, U.S. DOT, NHTSA, DOT HS 812 032 (2014).
n17 Traffic Safety Facts: Crash Stats, Early Estimates of Motor Vehicle Traffic Fatalities in 2013, U.S. DOT, NHTSA, DOT HS 812 024 (2014).
n18 The Economic and Societal Impact of Motor Vehicle Crashes, 2010, U.S. DOT, NHTSA, DOT HS 812 013 (2014).
n19 10 Leading Causes of Death by
n20 National Highway Traffic Safety Administration Fiscal Year 2015 Budget Overview, Exhibit II-2, U.S. DOT, NHTSA (2014).
n21
n22 Id.; see also Traffic Safety Facts 2012.
n23 Compare Traffic Safety Facts 2000, A Compilation of Motor Vehicle Crash Data form the Fatality Analysis Reporting System and the General Estimates System, DOT HS 809 337, U.S. DOT, NHTSA (2001) with Traffic Safety Facts 2012, A Compilation of Motor Vehicle Crash Data form the Fatality Analysis Reporting System and the General Estimates System, DOT HS 812 032, U.S. DOT, NHTSA (2014).
n24 Traffic Safety Facts 2012.
n25 NHTSA was formally established by the Highway Safety Act of 1970.
n26 Traffic Safety Facts 2012.
n27 The Economic and Societal Impact of Motor Vehicle Crashes, 2010, HS 812 013, U.S. DOT, NHTSA (2014), available at http://www-nrd.nhtsa.dot.gov/Pubs/812013.pdf.
n28 Ignition Interlocks -What You Need to Know, A Toolkit for Policymakers, Highway Safety Professionals, And Advocates, DOT HS 811 246, NHTSA (Nov., 2009).
n29 Peck, R.C., Wilson, R. J., and
n30 Traffic Safety Facts 2012 Data: Alcohol-Impaired Driving, DOT HS 811870, NHTSA (Dec., 2013), available at http://www-nrd.nhtsa.dot.gov/Pubs/811870.pdf.
n31 CDC Vital Signs, Drinking and Driving: A Threat to Everyone (Oct., 2011), available at http://www.cdc.gov/vitalsigns/DrinkingAndDriving/index.html.
n32 The Economic and Societal Impact of Motor Vehicle Crashes, op cit.
n33 Id.
n34
n35 Tippetts, A.,
n36 Caution Ahead:
n37
n38 Title 5 U.S.C. [Sec.] 552.
n39 Pub. L. 106-414 (
n40 Traffic Safety Facts, 2012 Data, Pedestrians, DOT HS 811 888; p. 1, U.S. DOT, NHTSA.
n41 The Economic and Societal Impact of Motor Vehicle Crashes, op cit.
n42 Title 23 U.S.C. [Sec.] 120.
n43 Moving Ahead for Progress in the 21st Century (MAP-21) Act, Pub. L. 112-141 (
n44
n45 Traffic Safety Facts 2012: A Compilation of Motor Vehicle Crash Data from the Fatality Analysis Reporting System and the General Estimates System, DOT HS 812 032, NHTSA (2014).
n46 Traffic Safety Facts Research Note: Seat Belt Use in 2013 - Overall Results, DOT HS 811 875, NHTSA (Jan., 2014), available at http://www-nrd.nhtsa.dot.gov/Pubs/811875.pdf.
n47 Traffic Safety Facts: 2012 Data, Occupant Protection, DOT HS 811 892, NHTSA (Mar., 2014), available at http://www-nrd.nhtsa.dot.gov/Pubs/811892.pdf.
n48
n49 Kids in Crashes Far Better IF States Have Tough Restraint laws, IIHS Status Report, V. 46, No. 9 (Oct. 2011).
n50 Motorcycle Safety: Increasing Federal Flexibility and Identifying Research Priorities Would Help Support States' Safety Efforts, Report No. GAO-13-42, 2012, pg. 16,
n51 Traffic Safety Facts 2012.
n52 These States were nearly equivalent with respect to total resident populations. Traffic Safety Facts: Research Note: 2012 Motor Vehicle Crashes Overview, p. 5, DOT HS 811 856, NHTSA (Nov., 2013), available at http://www-nrd.nhtsa.dot.gov/Pubs/811856.pdf.
n53
n54 Teenagers: Fatality Facts: 2012, IIHS, available at http://www.iihs.org/iihs/topics/t/teenagers/fatalityfacts/teenagers.
n55 Graduated Licensing Laws and Fatal Crashes of Teenage Drivers: A National Study, Insurance Institute For Highway Safety (June, 2010), available at http://www.iihs.org/research/topics/pdf/r1122.pdf.
n56 Traffic Safety Facts 2012 Data: Alcohol-Impaired Driving; DOT HS 811870, NHTSA (Dec., 2013), available at http://www-nrd.nhtsa.dot.gov/Pubs/811870.pdf.</p>
n57
n58 Injury Prevention & Control: Motor Vehicle Safety, Impaired Driving: Get the Facts website, CDC, available at http://www.cdc.gov/motorvehiclesafety/impaired_driving/impaired-drv_factsheet.html.
n59 Distraction.gov: Frequently Asked Questions, DOT NHTSA, available at http://www.distraction.gov/content/get-the-facts/faq.html.
n60 Codified at Title 23 U.S.C. [Sec.] 405.
n61 Enhanced Monitoring Tools Are Needed To Improve NHTSA's oversight of Highway Safety Grants, Report No: MH-2014-088, U.S. DOT,
n62 Traffic Safety Facts 2012.
n63 Fatality Reduction by Safety Belts for Front-Seat Occupants of Cars and Light Trucks, DOT HS 809 199, NHTSA (
n64 Traffic Safety Facts 2012.
n65 Traffic Safety Facts Research Note: Seat Belt Use in 2012 - Overall Results, DOT HS 811 691, NHTSA (Nov. 2012).
n66 Traffic Safety Facts 2012.
n67 Id.
n68 Id., Table 23.
n69 Federal Motor Vehicle Safety Standards, Ejection Mitigation; Phase-In Reporting Requirements; Incorporation by Reference, Final Rule; NHTSA, 76
n70 Klier, T.H., and Rubenstein, J.M., Making Cars Smarter: The Growing Role of Electronics in Automobiles, Chicago Fed Letter, No. 291a, The Federal Reserve Bank of
n71 Electronic Systems Performance, [Sec.] 31402, MAP-21.
n72 Jermakian, J.S., Arbogast, K. B.,
n73 Preliminary Assessment of NASS CDS Data Related to Rearward Seat Collapse and Occupant Injury; U.S. DOT, NHTSA (May, 1997).
n74 Performance of Seating Systems in a FMVSS No. 301 Rear Impact Crash Test, ESV Paper No. 18-00248, U.S. DOT, NHTSA.
n75 To 10 Best-Selling Cars of 2012, Car.Com website http://blogs.cars.com/kickingtires/2013/01/top-10-best-selling-cars-of-2012.html.
n76 Toyota.com Camry and Camry Hybrid 2014 models webpage, accessed
n77 Rear Visibility Final Rule, 79
n78 Toyota.com "Build A Camry" tool, accessed
n79 Preliminary Regulatory Impact Analysis, Backover Crash Avoidance Technologies, NPRM, FMVSS No. 111, NHTSA (Nov. 2010).
n80 Traffic Safety Facts 2012.
n81 Id.
n82 Id.
n83 Traffic Safety Facts, 2012 Data, Large Trucks, DOT HS 811 868, NHTSA (May, 2014).
n84 Volvo City Safety loss experience - Update,
n85 Euro NCAP to drive availability of Autonomous Emergency Braking systems for safer cars in
n86 Analysis of Benefits and Costs of Forward Collision Warning Systems for the Trucking Industry, FMCSA (Feb., 2009).
n87 Mandate Motor Vehicle Collision Avoidance Technologies, NTSB, available at http://www.ntsb.gov/safety/mwl10_2012.html.
n88 Regulation (EC) No. 661/2009 and Commission Regulation (EU) No. 347/2012.
n89 "New Study: 14% of Parents Say They Have Left A Child Alone Inside Parked Vehicle Despite the Risks of Heatstroke,"
n90 Kids in Hot Cars: Heat Stroke Fact Sheet, NHTSA, accessed at http://www.safercar.gov/parents/heat-involved.html on 9/11/2014.
n91 Id.
n92 Id.
n93 Id.
n94 Id.
n95 The NHTSA fiscal year 2015 budget overview indicates that the total budget for the
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Senate Commerce, Science and Transportation Subcommittee on Consumer Protection, Product Safety, and Insurance Hearing
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