By Robert L. Redding, Jr.
A recent proposal by the National Highway Traffic Safety Administration
(NHTSA) that would allow auto repairers to legally disconnect
air bags at the request of consumers has caused quite a stir in
the media and automotive industry. Unfortunately, this new proposal
fails to present a fair solution in establishing alternatives
for consumers to prevent air bag injuries or fatalities, most
notably as pertaining to repair shops.
There have been numerous injuries and deaths attributed to the
deployment of air bags, causing a public demand for immediate
action on the part of the federal government. In particular, approximately
17 children and seven infants have been killed by passenger air
bag deployments.
The proposal by NHTSA focuses on air bags themselves as the culprit,
which is an oversimplification of the issue. In actuality, it
is a lack of consumer education as to the air bag usage methods
that is causing many of the injuries and deaths.
There are clearly strong arguments that air bags save lives. Initial
estimates of air bag effectiveness indicate they are reducing
deaths among right front passengers in frontal crashes by 18 percent.
In all crash types, the reduction is 11 percent.
But what about the children whose deaths are caused directly by
the deployment of air bags? Only two of the children killed thus
far were wearing seat belts. The Insurance Institute for Highway
Safety theorizes that the children moved forward, during the braking
prior to the crash, into close contact with the air bag at the
time of deployment. They speculate that the intense energy required
to inflate an air bag, in a fraction of a second, caused the serious
injuries.
Would these children be alive today had they been wearing their
seat belts properly? The insurance institute stated as late as
September of this year that infant and child deaths, according
to the results of crash investigations, have involved unbelted
or improperly belted children and infants in rear-facing restraints
in the front seats.
However, a new Insurance Institute for Highway Safety study reports
that there is a 33 percent increase in risk of injury among children
younger than 10 from the use of air bags. If this is the case
--- that air bags still pose a threat to children and infants,
despite the proper use of seat belts --- there are other
options that should have been explored by NHTSA before "jumping
the gun" and submitting a hardly well-thought out proposal.
The foundation for this proposal began back in May 1996, when
Secretary of Transportation Federico Pena announced the formation
of a coalition of automobile manufacturers, air bag suppliers,
insurance companies and safety organizations to prevent injuries
and fatalities that may be inadvertently caused by air bags. This
coalition supposedly assumed an advisory role to NHTSA.
When this coalition was formed, Secretary Pena stated, "Safety
is President Clinton's top transportation priority. Together,
business and government will work to alert the public to the proper
role of air bags to ensure that seat belts are always used with
an air bag. In addition, we will educate parents about the best
way to install a child safety seat in a car that has a passenger-side
air bag."
If NHTSA had actually followed the plan as set forth by Pena,
the recent proposal would not exist with its current recommendations.
ASA has been very concerned about the liability issues surrounding
shops being the only entity allowed to disconnect the air bag.
This proposal, absent a consideration of the many diverse interests
it should represent, does not consider the burden of legal liability
that shops might face if they abide by the recommendations as
set forth. It seems as though the manufacturers have removed themselves
from the process and put the primary responsibility on shop owners.
If NHTSA is proposing that repairers be legally allowed to disconnect
air bags at the request of consumers, why couldn't this be done
at the manufacturer level, or follow what is already available
on some vehicles and equip them with a cut-off switch?
The National Automobile Dealers Association stated that it will
tell its members to refuse disconnection requests.
ASA issued the following statement. "We believe that the
new NHTSA policy fails to address liability concerns as they relate
to actions taken by our members to comply with their customers'
requests. Are independent automotive repair shop owners and service
technicians to be held accountable for deaths or injuries caused
to drivers or passengers who were unaware that the air bags had
been disabled?
The NHTSA proposal is another example of the federal government
ignoring diversity in determining national policy. Specifically,
The Wall Street Journal discussed how auto makers might respond
to the air bag proposal: "Probably with muted applause, since
they helped put it together." I think this is an extremely
important point --- why has NHTSA chose to bend to the will
of the auto makers and ignore the aftermarket?
Thirty years ago, Ralph Nader wrote his book, "Unsafe at
Any Speed." Earlier this year, Nader had a very negative
analysis of NHTSA under the Clinton Administration. Nader states,
"This has been a sorrowful three to four years. NHTSA has
become a consulting firm, not an enforcement agency. They are
dismantling it, destroying it, revoking safety standards. They
are chipping away at it in the name of reinvention."
Our industry sincerely appreciates many of the new efforts by
the administration to bring business interests into the room for
discussions with regulators prior to federal rule changes. But,
they are not effective when all interests are not represented
in a balanced format. This is a case of no representation during
the rule formulation.
Although several entities have the perfect solution for this particular
problem, few want any responsibility. It seems that the best solution
might be to continue the current federal air bag program and do
a better job educating parents about reducing risks. This could
be carried out by NHTSA and the automobile manufacturers. If NHTSA
is determined to diminish the air bag program, the consumer option
should be at the manufacturer level or with the consumer, in the
form of a cut-off switch in the vehicle.
Copyright (c) 1996-2008. Automotive Service Association. All rights reserved.
