Taking The Hill

"Since a politician never believes what he says, he is surprised when others believe him." - Charles de Gaulle

By Stephen B. McDonald

Industrial Design Rights
Under a provision adopted by the European Council of Ministers, auto manufacturers would obtain monopoly protection from non-OEM parts manufacturers, unless individual member countries took separate actions to permit competition within their borders. This provision would apply to all parts with some exceptions, such as non-visible engine parts. The council's proposal now goes to the European Parliament for action. A majority of the Parliament must vote to approve a European Union-wide system of competition for the council's proposal to be overturned, or at least compromised. If the council's provision succeeds, domestic car manufacturers would likely use it as justification for launching a new legislative effort to win monopoly protection in the United States. There may also be international pressure to conform to the European system.

Technician Training Standards
In a letter to the National Skill Standards Board (NSSB), member associations of the independent motor vehicle aftermarket urged the panel to give due consideration to existing automotive technician training standards in criteria adopted to affirm national skill standards. The aftermarket group offered to work with the board, in cooperation with the National Institute for Automotive Service Excellence (ASE) and the National Automotive Technicians Education Foundation (NATEF), to ensure the success of the skill standards initiative and to address the challenges of workforce development. Created by Congress, the board's charge is to identify broad clusters in which skill standards will be developed; promote the establishment of voluntary partnerships to develop skill standards; research, coordinate and disseminate information on the development of skill standards; endorse skill standards that are created by voluntary partnerships; and develop a national framework to support skill standards.

Air Bag Deactivation
In a surprise move, the Insurance Institute for Highway Safety announced it has recommended that the National Highway Traffic Safety Administration (NHTSA) allow motorists to deactivate the air bags in their motor vehicles. NHTSA currently only allows car owners to deactivate air bags upon receiving the agency's permission. The institute decided to support NHTSA's deactivation proposal "because providing this alternative may be necessary to reduce public pressure that otherwise could lead to demands to eliminate federal air bag requirements." In the past, the institute played a leading role in persuading the government to require air bags and has been a staunch supporter of the safety devices. The Automotive Service Association (ASA) alerted NHTSA that if the rule became final, it would advise its members not to perform air bag deactivation for any customer under any circumstances. ASA believes that the waiver of claims included in the customer's authorization form would not absolve repair shops from possible liability in cases of accidental injury or death.

Auto Insurance Choice Plan
A bipartisan group of senators introduced legislation that would allow drivers to opt out of their traditional auto insurance liability policy and instead obtain a personal protection policy that would eliminate their ability to sue or be sued for non-economic damages. The legislators touted their Auto Choice Reform Act as a tax cut that would save up to $45 billion per year, or $243 annually for the average consumer. The choice is necessary, the bill sponsors said, because the cost of auto insurance premiums continues to far outpace the rate of inflation, largely because of excessive litigation and escalating fraud and abuse.

EPA Air Quality Standards
Members of the House Appropriations Committee accused Environmental Protection Agency (EPA) Administrator Carol Browner of "misrepresenting" the facts on the agency's proposed air quality standards. Some members claim that by pushing forward with the standards in the face of scientific uncertainties, Browner is throwing the agency's credibility into question. Other members expressed concern about tightening air quality standards when many communities are having difficulties complying with existing standards.


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AutoInc. Magazine ®, Vol. XLV No. 6, June 1997