The Commercial Appeal

Congress rides with auto, trucking industries

Safety advocates snubbed on legislatio­n

- By Joan Lowy

WASHINGTON — At a time of record auto recalls and rising highway deaths, safety advocates say the Republican-run Congress is snubbing their agenda and taking sides with the auto and trucking industries on legislatio­n that they and the Obama administra­tion contend could worsen matters.

A House Energy and Commerce subcommitt­ee held a hearing Wednesday on a GOP-drafted auto safety bill. One provision would require the National Highway Traffic Safety Administra­tion to prepare recall notices in coordinati­on with automakers and prevent the agency from making safety defects public until automakers supply a complete list of identifica­tion numbers for all affected vehicles.

That would effectivel­y give automakers control over the disclosure and timing of recalls, Mark Rosekind, head of the safety administra­tion, told the hearing.

The draft bill also requires that a majority of the members of NHTSA committees developing cybersecur­ity and technology standards for increasing­ly computeriz­ed and connected vehicles be made up of officials from industries the agency regulates.

That could “seriously undermine NHTSA’s efforts to ensure safety,” Rosekind said. “Ultimately, the public expects NHTSA, not industry, to set safety standards.”

The bill would also give automakers a break on greenhouse gas emission and fuel economy requiremen­ts if they install new safety technologi­es in vehicles even though NHTSA has already said it intends to require some of those technologi­es. Manufactur­ers would effectivel­y get “a pass on pollution” for “doing things they are already doing,” said Rep. Frank Pallone, D-N.J.

The provision is “essentiall­y a congressio­nally sanctioned defeat device,” he said, referring to hidden software Volkswagen put in its cars to cheat on emissions tests.

Safety advocates were most critical of what’s not in the bill. For example, there’s no increase in the maximum fine of $35 million per violation that can be levied against automakers who don’t report safety defects or flout recall rules. The administra­tion has recommende­d the limit be raised to $300 million, and safety advocates called for eliminatio­n of any limit.

There’s also no increase in money for NHTSA to hire staff to investigat­e potential safety defects and oversee automakers despite complaints that the agency doesn’t have enough people to follow up on safety complaints.

The bill also lacks provisions long sought by safety advocates to require that rental car agencies and used car dealers fix recalled vehicles before renting or selling them.

Last year, a record 63.7 million vehicles were recalled in the U.S., more than double the previous record set in 2004. So far, 40 million cars and trucks have been recalled this year, putting 2015 on track for the secondmost recalled vehicles. Congress has held 10 hearings on auto safety defects over the past two years.

Critics are overstatin­g the ability automakers would have to delay recalls under the GOP bill’s provision, said Wade Newton, a spokesman for the Alliance of Automobile Manufactur­ers. Manufactur­ers would still have to provide NHTSA with vehicle numbers within five days, he said.

Automakers oppose increasing the limit on fines NHTSA can levy because the Justice Department already has the authority “to go well beyond” NHTSA’s cap, he said, pointing to a $1.2 billion fine for hiding safety defects agreed to by Toyota last year under a settlement with the department.

Today, the House transporta­tion committee is scheduled to consider a bipartisan bill that would force the government to remove safety ratings of truck and bus companies from a public website and lower the minimum age for interstate truck drivers to 19½.

The ratings were created by the Federal Motor Carrier Safety Administra­tion in 2010 in response to deadly truck and bus accidents to help people learn about the safety record of companies they may want to use.

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