Taking The Hill

By Matthew T. Brown

Big Three Assume Liability for Dealer-Installed Air Bag Switches
The Big Three domestic automobile manufacturers have agreed to assume liability for their dealers who install air bag switches. The National Highway Traffic Safety Administration (NHTSA) has authorized more than 18,000 people to have switches installed, but few can find a dealer or independent repairer who will install the switch.

Many independent repair facilities and dealerships have complained that they will be held liable if the vehicle is involved in an accident and someone is injured. ASA has been aware of this and issued a statement advising its members not to install the switches or disconnect air bags.

NHTSA published the final rule authorizing the installation of switches and began processing switch requests Dec. 18, 1997. Motor vehicle dealers and independent repair businesses could begin installing switches Jan. 19, 1998, for those customers who had obtained NHTSA approval.

The rule allows persons who must place an infant or a child under 12 years old in the front seat; who have certain medical conditions; or who are under 4 feet, 6 inches tall to have switches installed on their vehicles. Dealers and shop owners, however, cannot be compelled to install the switches and are statutorily prohibited from installing a switch without the vehicle owner obtaining written permission from NHTSA.

NHTSA will also approve complete air bag deactivation when a switch is not available or when a switch is only produced by an aftermarket parts manufacturer. NHTSA must approve all deactivations on a case-by-case basis.

ASA has been very concerned that shop owners who install switches or disconnect air bags will be held at risk in the future for injuries that could have been prevented if the air bag was in operation. As part of the rule, NHTSA did not issue a standardized release form for vehicle owners to sign because it was "concerned that adoption of a standardized waiver might give some dealers and repair businesses false assurances of protection from liability in all states and in all cases."

Air Quality
The U.S. Environmental Protection Agency (EPA) has released a report that shows significant improvement in the quality of the air Americans breathe. The report is issued annually and shows trends in air quality and pollutants.

From 1970 to 1996, vehicle miles traveled increased 121 percent, the gross domestic product increased 104 percent and the U.S. population increased 29 percent. At the same time, air pollution decreased. Carbon dioxide concentration decreased 37 percent, lead fell 70 percent and ozone is down 15 percent. From 1988 to 1996, particulate matter concentrations have decreased 25 percent.

"Americans have made significant progress in improving our air quality and protecting public health, but challenges remain," said EPA Administrator Carol Browner.

Reductions in air pollutants and improvements in air quality can be attributed to many things, including vehicle inspection and maintenance programs.

At the same time that air quality is increasing overall, EPA contends that about 46 million Americans in 1996 lived in areas that did not meet the National Ambient Air Quality Standards. EPA has issued new regulations for ozone and particulate matter to reduce their concentrations.

,b> ASA Chairman to Serve as Delegate to Business Summit
ASA Chairman-Elect Carl D. Miller has been nominated to serve as a delegate to the 1998 Congressional Small Business Summit. Sponsored by the National Federation of Independent Businesses (NFIB) and the Small Business Legislative Council (SBLC), the event will take place June 17-19 in Washington, D.C.

The summit is being held to discuss regulatory reform, taxes, managed care and legal reform. Members of Congress, state officials, NFIB, SBLC and small business partners will discuss solutions to long-standing problems over the three-day event.

ASA, as a member of SBLC, nominated Miller as a SBLC delegate to provide input on behalf of all ASA members. Miller is a small-business owner in Salem, Ore., and succeeded Robert Anderson as chairman of ASA in March at the ASA Annual Convention.

Delegates to the summit will participate in a wide variety of sessions. Key congressional leaders will speak on taxes and regulatory, managed care and legal reform. Delegates will also participate in sessions for in-depth discussions of important issues.

Senate Passes ISTEA Legislation
The U.S. Senate has approved legislation reauthorizing transportation spending for six years. The Intermodal Surface Transportation and Efficiency Act (ISTEA) passed by a vote of 96-4 and authorizes $215 billion to be spent on the nation's transportation network, and includes $173 billion in highway funds and $41.3 for mass transit. The House bill, however, contains $181 billion for highways and $37.3 billion for mass transit.

ASA Main Page || AutoInc. Main Page
ASA Completes Safety I/M Analysis || Dealerships Compete for Independents' Customers || Timely Tips for Time Savings in the Paint Shop || Everything You Didn't Want to Know About Running a Profitable Body Shop || Guest Editorial: I've Been Ripped Off! || Tech to Tech || Tech Tips || News Briefs || Taking the Hill || Around ASA || Shop Profile || Net Worth || Stat Corner || Chairman's Message

AutoInc. Magazine ®, Vol. XLVI, April 1998 (http://www.asashop.org)