New Auto Safety Legislation

Sen. John D. (Jay) Rockefeller IV, Chairman of the U.S. Senate Committee on Commerce, Science, and Transportation, and Sen. Mark Pryor, Chairman of the U.S. Senate Subcommittee on Consumer Protection, Product Safety, and Insurance, along with other Commerce Committee members, recently introduced legislation, the Motor Vehicle Safety Act of 2010, to improve vehicle safety standards to better protect drivers and bolster the National Highway Traffic Safety Administration's (NHTSA) resources, authority and expertise.

The bill follows a series of high-profile Toyota recalls that revealed lapses in the nation's auto safety monitoring system.

"Toyota has taught us that stronger consumer safeguards need to be in place when it comes to auto safety, and that means NHTSA must be on top of its game at all times," Sen. Pryor said. "This bill provides the agency with the authority, resources and guidance to keep manufacturers honest and ensure families are driving in safe vehicles."

The legislation includes provisions to improve vehicle safety requirements, make car safety information more accessible to consumers, and give NHTSA the resources and authority it needs to protect consumers from vehicle safety defects.

The Motor Vehicle Safety Act of 2010 includes the following provisions to strengthen vehicle safety standards:

• Establishes a Stopping Distance and Brake Override Standard. 
• Establishes a Pedal Placement Standard. 
• Establishes an Electronic Systems Performance Standard.
• Establishes a Keyless Ignition Systems Standard. 
• Establishes a Vehicle Event Data Recorders (EDRs) Standard. 
• Establishes a Transmission Configuration Standard.

The bill also includes the following provisions to strengthen NHTSA's ability to crack down on car makers and to take unsafe vehicles off the road:

• Raises Civil Penalties.
• Creates Imminent Hazard Authority.

The Motor Vehicle Safety Act of 2010 includes the following provisions to improve transparency and accountability for vehicle safety:

• Improved Early Warning Reporting System — This provision would require NHTSA to modernize its early warning reporting system, making it easier for consumers to use and understand NHTSA's online database of vehicle defect reports. 
• Promotion of Vehicle Defect Reporting — This provision would require the placement of a sticker or other notification in a location accessible to the consumer about how to contact NHTSA to report a potential vehicle safety defect.
• Public Availability of Early Warning Data — This provision reverses the presumption that early warning data is kept confidential unless the Secretary of Transportation decides otherwise – to a presumption that early warning data is made public unless the Secretary decides otherwise.
• Consumer Notice of Software Updates and Other Communications with Dealers — This provision requires manufacturers to give public notice of vehicle software updates. By requiring consumer notice of software updates or modifications, consumers will be better informed about potential safety issues affecting their vehicles
• Whistleblower Protections and NHTSA Hotline for Auto Workers — This provision would grant auto industry personnel the same whistleblower protections currently provided to airline employees. This provision also would require NHTSA to establish a "hotline" just for mechanics and other auto industry workers to confidentially report potential vehicle defects.
• Corporate Responsibility for NHTSA Reports — This provision would require the senior auto executive in the U.S. to attest in writing that all information submitted in response to a NHTSA investigation is accurate and complete. Submitting false information could result in civil or criminal penalties.
• Stop the Revolving Door — This provision would prohibit NHTSA employees working on vehicle safety from working for the auto industry for three years after leaving the agency, if the private-sector employment involves communication with NHTSA or giving advice about NHTSA.

The Motor Vehicle Safety Act of 2010 authorizes higher funding levels for vehicle safety investigations and enforcement at $200 million in FY2011, $240 million in FY2012, and $280 million in FY2013. NHTSA vehicle safety operations received $140 million in FY2010. Higher funding levels would be used to hire more safety engineers and experts at NHTSA, update vehicle crash testing facilities, and to improve NHTSA's vehicle safety databases.  Click here to read more.