In recent months, the National Highway Traffic Safety Administration (NHTSA) has issued a series of proposed and final federal rules controlling the labeling, deactivation and depowerment of air bags. The most important proposed rule for the automotive service industry, which is close to being finalized, concerns air-bag deactivation. If approved, this rule will allow dealers and independent repair businesses to deactivate air bags upon written authorization of the vehicle owner.

NHTSA already has a policy that allows for air bags to be deactivated on a case-by-case basis. Each case must be submitted to NHTSA for approval. Less than 100 air bags have been deactivated under this program.

The new proposed rule would take authorization to deactivate air bags out of NHTSA's hands and put it into the hands of the shops and dealers. NHTSA contends the new rule is needed as a safety measure for families that transport infants in the front seat, individuals with medical conditions and others with concerns about potential air bag dangers. The dealers and repair shops would be expected to obtain authorization from the vehicle owner, and then after deactivating the air bag, would have to apply labels indicating that the air bag has been disabled.

The signed, written authorization obtained from the customer would identify the vehicle by make and model, model year, vehicle identification number and the seating position of the deactivated air bag. NHTSA has proposed that a waiver of claims be included with the authorization forms. The waiver would protect the dealer or repair business from potential liability for the effects of disengaging the air bag. The business that deactivated the air bag would then forward the authorization form to the manufacturer of the vehicle. Again, warning labels would have to be placed on both sides of the sun visor above the air bag alerting passengers that the air bag has been deactivated.

The media has been very focused on the air-bag debate for several months. The U.S. Congress has now begun its review process. On January 9, the Senate Committee on Commerce, Science and Transportation held a hearing on air-bag safety. Chairman John McCain of Arizona led the hearings. Panels included witnesses from government, consumer groups and air-bag specialists.

The Insurance Institute for Highway Safety argued that 42 million cars on U.S. roads now have driver-side air bags. Approximately one-half of these vehicles have passenger-side air bags too. The institute showed that driver-side air bags reduce deaths by about 14 percent in all kinds of crashes and about 20 percent in frontal crashes alone. Passenger-side air bags are reducing deaths among people in right front seats by 11 percent in all kinds of crashes and 18 percent in frontal impacts. Finally, the institute's numbers indicate that 1,700 people are alive because of their air bags.

The institute pointed out that 54 deaths have been caused by inflating air bags, including 19 adult drivers, 25 children, nine infants and one other passenger. There is a 33 percent increase in risk of injury or death for children involved in vehicle accidents who are riding in the front seat of cars with passenger-side air bags.

Joan Claybrook, former administrator of NHTSA and current president of Public Citizen, stated that consumer groups oppose deactivating air bags because they believe more people will be killed and seriously injured than will be helped. She referred to a NHTSA research paper that shows there is at least a 65 percent reduction of head injuries for belted occupants in frontal crashes with air bags involved, as compared to belted-only occupants. There is also an assumption under the deactivation proposal that children should ride in the front seat. Claybrook stated that children are far better protected in the rear seat regardless of whether or not the car contains air bags.

Public Citizen argued for a three-tier approach to the problem: warnings in vehicles, informing the public and improved air-bag designs.

The Parents' Coalition for Air Bag Warnings is comprised of parents whose children have been killed by air bags. They argued that air bags have a defective and dangerous design, and the solution to this problem has three components: education regarding the dangers of air bags, an air-bag "on-off" switch and the development of a "smart" air bag that is safe and effective for all sizes of occupants.

The Senate panel has pursued an aggressive line of questioning on this issue and both parties have made it clear that changes have to be made in the current air-bag program. Although Congressman Dan Miller of Florida and others are considering air-bag legislation, Congress has not acted upon any bills at this time. Congressman Miller's bill would permit automakers to install "on-off" switches for vehicles with air bags that are already on the road. Currently, the switches can only be installed for air bags in new vehicles without back seats.

Automobile manufacturers are discussing new strategies to prevent the option of deactivation by dealers and repair shops after the vehicles have already been manufactured. The vehicle manufacturers, too, realize the dilemma that could result from repair shops and dealers providing deactivation service to vehicles.

In Europe, repair businesses are allowed to temporarily deactivate the passenger-side air bag for individuals who may have special needs or normally transport children. Due to a greater number of lawsuits in the United States than Europe, U.S. repair shops unfortunately are prevented from operating their businesses without the continued threat of legal action. Because independent repair shops perform 70 percent to 80 percent of all repairs made, the concerns of the Automotive Service Association (ASA) and independent repair shops are even greater.

ASA believes that the risk of liability associated with vehicle resales, lending of vehicles, lack of understanding by vehicle owners of the risk involved in the deactivation of air bags, and the removal of labels is too great for the independent repair industry. Insurance underwriters have already indicated that it is probable that insurance premiums for businesses involved in deactivating air bags would increase to protect against greater exposure to liability.

ASA's position is that this proposal unfairly delegates responsibility and culpability to the repair service facility. The regulation also imposes the responsibility for educating the motorist, securing the authorization and processing the paperwork to the repair facility. ASA believes that these administrative burdens should be borne by others, most suitably a government entity or the customers themselves.

ASA supports tort reform legislation that would create a business environment where deactivation requests could be honored without a continuing fear of liability. Until this happens, air-bag rules, such as the one proposed by NHTSA, create a burden for small businesses that is unacceptable. ASA hopes that an agreement can be reached with NHTSA and Congress that will allow a more equitable climate for independent repair shops to function.

Bob Redding is the Automotive Service Association's Washington, D.C., representative. He is a member of several federal and state advisory committees involved in the automotive industry. For more information about the legislative activities of ASA, visit www.TakingTheHill.com.

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