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Many car dealers across the country sell hazardous used vehicles with known safety recall defects, including catching on fire, faulty brakes, stalling in traffic, steering wheels that come off in the driver’s hands, hoods that fly up in traffic, seat belts that fail in a crash, and ticking time bomb Takata airbags that propel metal shrapnel into the faces and torsos of drivers and passengers, too often causing severe injuries and fatalities. Currently, the only industry in America that openly accepts the selling of unsafe recalled products to the public is the auto industry.

“As the first automaker to make this commitment, General Motors is taking a giant step forward in protecting the public from hazardous vehicles. GM is recognizing what auto safety advocates have maintained for years, which is that vehicles with safety recall defects can injure occupants and others who share the roads with these problem cars,” said Jack Gillis, Executive Director of the Consumer Federation of America.

General Motors’ CarBravo will be competing toe-to-toe with established used car behemoth CarMax, and market disrupters Carvana and Vroom. These dealers openly admit that they routinely sell used vehicles with hazardous unrepaired safety recalls instead of getting the free repairs done, including vehicles where the manufacturer warns that there is no fix available – leaving consumers stuck with unsafe vehicles they cannot get fixed, sometimes for many months.

“We challenge CarMax, AutoNation, Vroom, Carvana, and other car dealers to meet the safety standard that General Motors is setting with CarBravo,” said Rosemary Shahan, President of Consumers for Auto Reliability and Safety (CARS), which has been leading efforts to curb car dealers’ sales of used vehicles with unrepaired safety recalls.

“The days when it was considered even remotely acceptable for car dealers to sell used vehicles with unrepaired safety recalls to consumers are over,” said Michael Brooks, Acting Director of the Center for Auto Safety.

“While GM’s commitment is a big deal, it’s still important for Congress to make it a violation of federal law for any car dealer to sell unrepaired recalled used vehicles to consumers,” said Ed Mierzwinski, Senior Director, Federal Consumer Programs, U.S. PIRG.

Congress has prohibited this conduct in the sale of new cars since the 1960’s. The National Highway Traffic Safety Administration has authority to crack down on such reckless practices and issue fines, without consumers having to suffer damages, or be injured or killed. Federal law enacted in 2015, the Raechel and Jacqueline Houck Safe Rental Car Act, also prohibits rental car companies with fleets of 35 or more vehicles from renting, loaning, or selling recalled used vehicles without first repairing the safety recalls. However, other dealers do not face the same federal sanctions regarding unrepaired recalled used vehicles.

This Act is named in memory of two sisters who were ages 20 and 24 when they were killed by an unrepaired recalled Chrysler PT Cruiser rental car that caught on fire and lost steering, causing them to collide with an 18-wheeler. Using California’s state laws against negligence and wrongful death, their parents obtained a $15 million jury verdict against the rental car company. Then their mother, Cally Houck, and CARS worked for over five years to make such tragedies also a violation of federal law.

Other consumers victimized by dealers who sold them unsafe recalled used vehicles, or their surviving family members, have also brought lawsuits against the car dealers under state laws against violations of the common law duty of care, negligence, or wrongful death. Some consumers who were not injured physically, but were sold unrepaired recalled vehicles, have obtained confidential settlements in legal cases alleging violations of express or implied warranties, unfair and deceptive acts or practices, fraud, or other violations of state laws.  For example, Indiana makes it a violation of the state’s unfair and deceptive acts and practices statute for any merchant to sell a new or used recalled product.

Despite consumer protection laws in nearly every state which render auto dealers potentially liable if they fail to fix safety recalls before selling used cars to consumers, dealers exploit mandatory arbitration clauses in sales contracts and other barriers to justice to continue selling dangerous, unrepaired recalled used cars.

Senators Blumenthal, Markey, and Warren have introduced a bill (S 1835) that would allow auto dealers to sell unrepaired recalled used vehicles to other dealers, auto auctions, or other wholesalers, but would prohibit car dealers from renting, loaning, or selling an unrepaired recalled used vehicle to retail consumers. Violations would be enforceable by the National Highway Traffic Safety Administration, without anyone having to suffer damages or be injured or killed.

Contacts:
Jack Gillis, CFA, 202-939-1018
Rosemary Shahan, CARS, 530-759-9440

The post Consumer Groups Commend General Motors’ Commitment to Ensure Vehicles Offered on GM’s New CarBravo Used Car Platform Are Free from Unrepaired Safety Recall Defects appeared first on Consumer Federation of America.

CFA President White has announced the formation of a Transition Committee made up of representatives of CFA’s Board, Executive Committee and staff.  “We are pleased that Jack will remain as CEO during the search for a replacement,” said White.

“During his long tenure at CFA Jack has not only been CFA’s main conduit between the organization and the media, but over the years he has led CFA’s efforts in child and product safety, indoor air quality, consumer education, auto sales practices and, most significantly, auto safety.  As a well-known consumer advocate, Gillis is author, co-author and editor of 75 consumer books including The Car Book, published for 40 consecutive years.  He served for ten years as a contributing consumer correspondent for NBC’s Today Show representing CFA, was Good Housekeeping’s personal finance columnist, and was a child product safety columnist at Child Magazine,” said White.

“Gillis’ advocacy has been responsible for major changes in the automobile industry, including significantly improved vehicle safety, better warranties, and increased fuel efficiency.  Early in his career, The New York Times featured Gillis as a leader in a new breed of consumer advocates.  He was an adjunct professor at The George Washington University, where he taught in the Graduate School of Government and Business Administration, and he currently serves on the boards of the Center for Auto Safety (chair), Advocates for Highway and Auto Safety, Center for the Study of Services (Consumers’ Checkbook) and CAPA.  Previously, he was Executive Director of the Certified Automotive Parts Association, a non-profit standard setting organization.  He received his MBA from The George Washington University where he served as a Teaching Fellow and his BA from the University of Notre Dame,” added White.

“Serving the Consumer Federation of America for all of these years has truly been an honor.  It has enabled me to work closely with some of America’s greatest consumer and safety advocates, men and women who have truly changed America for the better.  Any success that I’ve had at CFA rests squarely on the shoulders of these remarkable activists.  As it enters its 54^th year, CFA has a very exciting future ahead and I will always cherish being a small part of its distinguished history,” said Jack Gillis.

Contact: Marceline White, marceline@marylandconsumers.org

The post Jack Gillis to Retire After 38 Years at CFA – Most Recently as Executive Director appeared first on Consumer Federation of America.

The post CFA Joins Other Automotive Safety Orgs to Support The Used Car Safety Recall Repair Act appeared first on Consumer Federation of America.

As consumers venture back into the car market, used cars remain the most popular choice with about 75% of sales. The potential danger associated with open recalls increases with the age of the vehicle with about 56% of recalled vehicles 5-10 years old having open recalls and 71% of the recalls associated with vehicles over 10 years old still uncorrected. These figures become even more disconcerting with the steadily increasing age of America’s vehicle fleet, now standing at an average of 11.4 years. “Without major intervention by the Federal Government, consumers will increasingly be put at risk,” said Gillis.

A key reason for poor recall completion rates on older vehicles is, unlike new car dealers, who may not sell vehicles with open recalls, used car dealers have no such requirement. “Even though these recalls can be addressed at no cost to the seller, used car dealers are fighting a simple requirement that would protect the 75% of us who can’t afford to buy a new car,” said Gillis. “Senators Blumenthal, Markey, and Warren Used Car Safety Recall Act will be a giant step forward in eliminating the estimated 72 million vehicles with open recalls on the nation’s roadways. Not only will this bill protect used car buyers, but it will put significant pressure on the car companies to meet their obligation to correct the defects in the vehicles they’ve manufactured. The Used Car Safety Recall Act will put enormous pressure on the carmakers to fix their potentially defective vehicles.”

This already dangerous situation is compounded by the still ongoing COVID-19 crisis. With states and communities across the country re-opening, many consumers who previously relied on public transportation are (unfortunately) opting to purchase a vehicle. Particularly tragic is the fact that the greatest percentage of vehicles purchased by low-income consumers are used, which means that they will likely be sold a disproportionate share of open recall vehicles.

“The automobile recall program is one of the government’s most important auto safety functions, but to be truly effective, car dealers should not be allowed to sell vehicles with known and correctable defects. Simply put, profiting from the sale of any product with a known defect is unconscionable,” said Gillis. “Passage of this important auto safety legislation will close a gaping safety loophole in federal law once and for all.”

Contact: Jack Gillis, 202-939-1018

The post Senators Blumenthal, Markey, and Warren Address the >70 Million Vehicles Currently on The Road with Open Recalls appeared first on Consumer Federation of America.

Between 2010 and 2018, automakers in the U.S. recalled 238 million cars and light trucks due to unsafe defects. As mandated by federal law, automobile manufacturers issue recalls to inform vehicle owners about often dangerous problems. Checkbook’s investigation revealed many cars deemed unsafe until repaired end up on used-car lots, where they’re resold by dealers that have not fixed the problems nor informed buyers about them.

Checkbook’s researchers selected 10 vehicle models manufactured between 2010 and 2019 with previously announced recalls: 2014-18 Chrysler 300; 2013-16 Dodge Dart; 2013-14 Ford Escape; 2011-16 Honda Accord; 2011-14 Hyundai Sonata; 2012-16 Kia Soul; 2016-17 Nissan Maxima; 2012-14 Subaru Impreza; 2011-19 Toyota Corolla; and 2011-18 Volvo S60. Researchers searched for these cars on six major used-car online marketplaces and identified 600 individual vehicles up for sale in seven major metro areas. Researchers then checked the National Highway Traffic Safety Administration’s (NHTSA) database for unaddressed recalled safety defects for each.

Per the NHTSA’s database, Checkbook found 227 of the 600 automobiles—nearly 40 percent of them—had at least one unaddressed problem subject to a recall, almost all of them serious, such as engines that might stall, brakes that might fail, and seatbelts that might not operate properly in the event of a crash. Checkbook found one vehicle up for sale that had four unaddressed open recalls.

“It is unbelievable – and a surprise to most consumers – that dealerships routinely sell vehicles with open recalls, and in most cases it’s perfectly legal to do so,” said Kevin Brasler, Executive Editor of Consumers’ Checkbook. “What other industry gets a pass on knowingly selling defective dangerous products? A store would face massive fines and lawsuits if it knowingly sold contaminated meat or produce or filled prescriptions with medications after a pharmaceutical company warned that they might contain harmful contaminants. So why do we let used-car sellers get away with knowingly peddling dangerously defective vehicles? It’s unacceptable.”

Used-car dealers or anyone else can easily check a car for an unrepaired recalled defect simply by entering the vehicle’s 17-character VIN on the NHTSA website. Recalls can be addressed at no cost to vehicle owners.

“The automobile recall program is one of the government’s most important auto safety functions, but to be truly effective, car dealers should not be allowed to simply resell vehicles with known and correctable defects, said Jack Gillis, CFA’s Executive Director and author of The Car Book. “Simply put, profiting from the sale of any product with a known defect is unconscionable, and this investigation shows it is happening all the time.”

Advocates say what’s needed is a federal law requiring dealers to address recalled defects before selling, leasing, or loaning out a used vehicle. The Used Car Safety Recall Repair Act, introduced in the U.S. Senate by Richard Blumenthal (D-CT) would do just that.

“This investigation’s frightening findings show that urgent action is needed to ensure the safety of used cars,” Blumenthal said. “It is unacceptable that defective cars are regularly sold with known, potentially life-threatening safety issues to unsuspecting buyers. Congress must act to pass my bill – the Used Car Safety Recall Repair Act – and require auto-dealers to repair dangerous used cars. This is a common-sense measure to protect American consumers and our roads from unsafe cars.”

Among those that have opposed such legislation is the National Automobile Dealers Association (NADA). Although NADA did not respond to repeated requests for an interview for the report, a statement posted on its website in September 2020 said such a law would “cripple the used vehicle market,” creating what amounts to a trade-in tax by devaluing used vehicles by an average of $1,210 to as much as $5,000, according to one study it cited. The statement said that while dealers support a “100% recall completion rate,” some recalls are too minor to justify federal legislation like Blumenthal’s.

Consumer advocates disagree. “I doubt many drivers would consider door latches that might fail, airbags that might not deploy, seat belts that might not work, engines and brakes that might fail, and other serious safety defects our investigation routinely revealed as ‘minor’ problems,” said Brasler. “While car dealers, manufacturers, and their trade associations insist they’re working hard to make their products are safe, they’re clearly not doing nearly enough to actually make them so.”

The post Investigation Finds Used Cars are Routinely Sold with Known, Life-Threatening Safety Defects — Sen. Blumenthal Weighs In appeared first on Consumer Federation of America.

“There is no question that the Motor Vehicle Safety Title will protect all road users,” said Cathy Chase, President of Advocates for Highway and Auto Safety (Advocates).  “We applaud House Energy and Commerce Committee Chairman Frank Pallone, Jr. (D-NJ) and Consumer Protection and Commerce Subcommittee Chair Jan Schakowsky (D-IL) for their outstanding leadership.  Congress should advance these important safety upgrades to deliver dramatic reductions in crashes, fatalities, injuries and associated costs.”  The Consumer Federation of America welcomes this legislation and looks forward to working with the Committee as we continue to review it over the coming days.

Advanced Driver Assistance Systems to Avoid Collisions

Effective and available technologies such as automatic emergency braking (AEB), lane departure warning, and blind spot warning have been shown to reduce and mitigate crashes.  However, these systems are not required as standard equipment in cars or subject to minimum performance requirements.  “The Motor Vehicle Safety Title would finally mandate performance standards for an important suite of advanced safety technology and require it on all new cars and for all consumers, not just those who can afford luxury add-on features,” said Jason Levine, Executive Director of the Center for Auto Safety and Advocates’ Board of Directors member.

“The reason the National Transportation Safety Board (NTSB) has recommended proven collision avoidance technologies is because they are a vital tool to increase auto safety, including combatting the frightening increase in pedestrian deaths.  Combined with driver assist features aimed at limiting dangerous automation complacency and research into technology to assist first responders in saving lives more quickly after car crashes, this bill will improve the safety of all drivers, passengers, and pedestrians.”  We commend the House Energy and Commerce Committee Majority for including this game-changing upgrade and thank Subcommittee Chair Jan Schakowsky (D-IL) for championing this issue with the 21^st Century Smart Cars Act (H.R. 6284).

New Car Assessment Program to Bolster Consumer Information

Over four decades ago, the National Highway Traffic Safety Administration (NHTSA) was the first nation to establish an auto safety consumer information program, the New Car Assessment Program (NCAP).  This groundbreaking tool provides crash testing results and ratings and has since been emulated across the globe.  Unfortunately, U.S. NCAP has not kept pace with new advanced technology and now seriously lags behind its international counterparts.

Former NHTSA Administrator and Advocates’ Board Member Joan Claybrook, who led the effort to create U.S. NCAP, said, “This program was designed to provide incentives for automakers to improve the safety of new cars and offer consumers important information about vehicle performance in crash tests.  This essential information is already required on the price sticker in the showroom, but it now is seriously outdated.  Last October, I co-authored a report with Advocates that outlined a blueprint for restoring U.S. NCAP to its original significance to better serve consumers.  I applaud Chairman Frank Pallone, Jr. (D-NJ) and Subcommittee Chair Jan Schakowsky (D-IL) for incorporating necessary enhancements to U.S. NCAP in the Five-Stars for Safe Cars Act (H.R. 6256) and into the legislation released today.”

Jack Gillis, Executive Director of Consumer Federation of America, author of The Car Book and Advocates’ Board Member, was also integral to the creation of U.S. NCAP.  “NHTSA must address the problem of ‘starflation,’” said Gillis.  “Today’s NCAP does little to differentiate the performance of vehicles because many now get the same rating.  This severely limits consumers’ ability to separate the lemons from the peaches.  The revisions to U.S. NCAP outlined in the Motor Vehicle Safety Title will reinvigorate competition and significantly improve vehicle safety.”

Advanced Technology to Reduce Impaired Driving

Drunk driving remains a leading killer on America’s roads, with nearly one-third of all fatalities attributed to alcohol-impaired driving.  Technology can be the key to preventing this scourge by equipping vehicles with systems that can detect impairment and provide alerts or even shut down a vehicle if necessary.

“This development holds the promise of dramatically reducing impaired driving, as well as possibly other dangerous driving behaviors such as distraction and drowsiness, which can be detected either through a number of different cues related to how a car is being driven or through sensors that can detect the presence of alcohol.  As an emergency room nurse, I’ve experienced the devastating consequences of motor vehicle crashes which is why I wholeheartedly embrace any technology that can prevent tragedies before they happen,” said Advocates’ Consumer Vice Chair and former Emergency Nurses Association President Mary Jagim.  Advocates thanks Representative Debbie Dingell (D-MI) for leading the charge on this innovative safety measure by introducing the Honoring Abbas Family Legacy to Terminate Drunk Driving (“HALT Drunk Driving”) Act (H.R. 4354).  We also recognize the tireless work of families of drunk driving victims to eliminate drunk driving.

Unattended Occupant Detection and Alert Systems to Prevent Hot Car Deaths

In 2018 and 2019, over 100 children died as a result of being unknowingly left in a vehicle or accessing the vehicle independently and inadvertently trapping themselves inside.  While typically associated with warmer months, this is a year-round problem afflicting loving, caring, responsible parents and caregivers.   Fortunately, systems that can detect and warn of the presence of an occupant are available, affordable, and would be required in all new vehicles if the Motor Vehicle Safety Title is enacted.  See this video to learn more about the systems.

“Each year innocent children are perishing needlessly in hot cars,” said KidsAndCars.org President and Advocates’ Board Member Janette Fennell.  “Detection and alert technology provides a proven solution to this devastating deadly toll and should be built into all new cars.  We know from years of experience that public education and industry promises are not enough.  We thank Subcommittee Chair Jan Schakowsky (D-IL), Reps. Tim Ryan (D-OH) and Peter King (R-NY) for introducing the Hot Cars Act (H.R. 3593) and to the Committee majority leadership for including this issue in the Motor Vehicle Safety Title.”

Mitigating Against Risks of Keyless Ignition Technology

Keyless ignition systems, also known as push-button starts, were installed as standard equipment on nearly two-thirds of vehicles sold in 2018 according to Edmunds.  As this technology has become more prevalent, two potentially deadly safety risks have been identified: carbon monoxide poisoning and vehicle rollaway.  Though offering convenience, the technology also makes it harder for people to notice that they have left their cars running, and without proper safeguards, this can have tragic consequences.

Susan Clark Livingston, whose parents died in their own home last May as their keyless ignition vehicle emitted exhaust fumes from the garage into the house said, “My parents, Dr. James Duane Livingston and Dr. Sherry Penney Livingston, could have been saved by an inexpensive and simple automatic shutoff feature.  They died of carbon monoxide poisoning, but others have been crushed by vehicles accidentally left running in gear or in neutral after stepping out of their cars.  Too many manufacturers have failed to address this safety defect.  Subcommittee Chair Jan Schakowsky (D-IL) along with Reps. Darren Soto (D-FL), Seth Moulton (D-MA) and Joseph Kennedy III (D-MA) have introduced legislation, the Protecting Americans from the Risks of Keyless Ignition Technology (“PARK IT”) Act (H.R. 3145), that would address this hazard, and I am pleased to see it included in the Motor Vehicle Safety Title.”

Improving Limousine Safety

Limousine rides are commonly associated with some of the most wonderful, memorable events in one’s life.  Sadly, due to unacceptably weak standards, a crash involving a limousine can turn somebody’s happiest day into their worst nightmare.  Legislation introduced by Reps. Paul Tonko (D-NY), Antonio Delgado (D-NY) and Elise Stefanik (R-NY) would implement a number of improvements recommended by the NTSB, closing loopholes that put passengers at serious risk.  We commend the sponsors of H.R. 4708, the Safety, Accountability, and Federal Enforcement of Limos (“SAFE”) Limos Act, for their leadership on this issue.

Chase concluded, “Advocates has always championed proven safety systems and improved vehicle design.  Since 1960, more than 600,000 lives have been saved by motor vehicle safety technology, as estimated by NHTSA in 2015.  Enacting this measure will add to that remarkable track record and bring us closer to the ultimate goal of eliminating motor vehicle crashes, deaths and injuries.”  Coupled with the laudable action taken yesterday by the House Transportation and Infrastructure Committee, the surface reauthorization package provides commonsense highway and auto safety advances.  As the legislative process moves forward, Advocates looks forward to working with the Committee and providing input on this important legislation.

The post Joint Statement: The Motor Vehicle Safety Title Advances Important Technology and Programs That Will Save Lives, Reduce Injuries and Contain Crash Costs appeared first on Consumer Federation of America.

NHTSA, the Nation’s auto safety regulator, denied a petition by auto safety and consumer advocates expressing strong opposition to the Agency’s plan. This petition, which sat unanswered at NHTSA for more than a year, was submitted in February 2019 by Advocates for Highway and Auto Safety, former NHTSA Administrator Joan Claybrook, the Center for Auto Safety, the Consumer Federation of America, and Consumer Reports.

Federal law allows vehicle manufacturers to apply for exemptions from auto safety standards under certain circumstances. Exemption applications are subject to a period of public comment, a process that can have a significant impact on final regulatory decisions. Previously, NHTSA was required to determine that an application for a safety exemption was complete before releasing it for public comment. Under its new plan, the Agency is now choosing to abandon that requirement, saying it is free to start the public comment process for safety exemption applications even when they do not contain all the information necessary to determine whether the manufacturer’s request would actually improve safety.

Claybrook responded to NHTSA’s rejection of the consumer and safety groups’ petition, “This highly misleading practice will put the public at a distinct disadvantage because it will not be possible for consumer and safety advocates to provide well-informed input if the information associated with a requested regulatory change is incomplete. How can potentially dangerous safety lapses be fully vetted if critical information is absent during the public comment period? This is akin to asking a doctor to make a diagnosis without providing a complete medical history.”

“For over 40 years this process has helped protect public safety. With one fell swoop, the U.S. Department of Transportation (DOT) has eliminated it without even so much as a public comment period,” said Cathy Chase, President of Advocates for Highway and Auto Safety. “More than a year after some of the Nation’s leading and long-time consumer, public health and safety organizations first filed a petition for reconsideration, U.S. DOT has chosen to abandon procedures designed to include those who will ultimately be forced to endure the consequences of its decisions — all road users. This erosion of public protections will have long-lasting implications on road safety including as autonomous vehicles are deployed.”

“The Center has always worked hard to use the most complete available data in guiding our policy recommendations and advice to the public when it comes to vehicle safety issues. It is both terrifying and sadly predictable that this administration would acknowledge it has rewritten regulations in order to evade public disclosure of information submitted by car companies in support of exemptions from mandatory safety standards put in place to reduce the risk of crash deaths on our roads and in our neighborhoods,” said Jason Levine, Executive Director of the Center for Auto Safety. “The ramifications of the Department of Transportation’s blatant disregard for the purpose of comment periods, scientific data, and the rule of law when it comes to allowing untested and unregulated driverless cars on public streets is quite simply impossible to quantify.”

“This move keeps people in the dark at a time when self-driving car developers and regulators should be transparent about safety,” said William Wallace, Manager of Safety Policy for Consumer Reports. “Anyone who cares about road safety should watch the U.S. Department of Transportation closely. Its next move could be to grant a request by GM to let its self-driving cars be exempt from federal safety rules based on what looks like an incomplete petition. There’s no definitive proof that they’re safer than—or even as safe as—cars on the road today.”

Consumer Federation of America Executive Director Jack Gillis stated, “The responsibility for overseeing the safe introduction of likely the most profound change in our nation’s transportation system is enormous. DOT’s decision to operate in the dark, outside of public oversight, will doom the safe introduction of autonomous vehicles. Sunshine opens doors to success; darkness only serves to cover-up problems and shortcomings. NHTSA was set up to serve the public and oversee the industry; this latest effort is just the opposite and needs to be reversed for the safety of the motoring public.”

Public opinion is decidedly in favor of the federal government maintaining its long-held role and responsibility for ensuring the safety of motor vehicles, especially when it comes to autonomous vehicles. However, as a result of this decision, NHTSA is placing industry interests above public safety. With the agency moving quickly to exempt driverless cars from current safety standards, the safety and consumer advocates agreed that now is not the time to lower the bar on transparency and accountability.

The post U.S. Department of Transportation Enables Carmakers To Bypass Safety Rules, Weakens the Public’s Ability to Hold Them Accountable appeared first on Consumer Federation of America.

And why is this so important—because before today is over there will be over 17,000 motor vehicles crashes resulting in over 100 deaths and more than 7,500 injuries.  And while each year the economic cost is in the billions, the cost in personal tragedy is immeasurable.

Why is NCAP program so important? Because combined with simple disclosure, the crash test results have enabled the American consumer to vote with their dollars for better performing, safer vehicles.  Prior to NCAP, consumers had no idea which vehicles would protect them in a crash.  Because we had no ability to make purchase decisions based on crash test performance, manufacturers had no incentive to improve their vehicles.

By providing consumers with the ability to differentiate between the safety performance of vehicles, they became far safer than they were before the program began.  Tragically, because the program has stalled, and most vehicles now get the same star safety rating, the tremendous market power of NCAP has been neutered.

It’s important to remember that NCAP survived a long history of attacks by the car companies.  The car companies spent much of NCAP’s early years attacking it, claiming that it was inaccurate, ineffective and misleading.  Thankfully, due to its strong support by safety advocates and its popularity with the America public, the program survived.  Now it’s time to revitalize it.

One of the tragic historical ironies of the program is that while domestic manufacturers were the most outspoken critics of the program, NCAP had the potential to benefit them greatly.  During the early years of the program, when the U.S. carmakers were feeling intense competition from the Japanese, the very crash test program they were trying to kill, actually provided them with the only competitive edge they had over the Japanese.  Initially, the best performers in the NCAP program were the American cars.  In a short sighted, but expensive effort, the domestic car makers spent millions trying to kill a program that provided them with a means to excel.  On the other hand, accurately sensing that the American car buyer desperately wanted, and would use, crash test ratings, the Japanese went back to the drawing board and changed their poor results into some of the best performers.  My guess is that the Japanese manufacturers spent less money doing so than Detroit was spending to kill the program.

However, because of consumer demand, and the market success of good performers, those carmakers that fought the program came around.  Today few ads fail to mention the now too common five star ratings.  As Chrysler’s Lee Iacocca famously said in full page ads, “You can teach an old dog new tricks.”

That is the power of what I call “regulation by information.”  By giving consumer access to comparative information on crash test performance, carmakers were forced to improve the performance of their vehicles.  Sadly, this initially wonderful program has lost the ability to bring about safety improvements.  While there have been notable improvements in the program during the past decades—we’re essentially testing vehicles the same way we did 40 years ago.

First and foremost, NHTSA needs to address “starflation.”  NHTSA’s star system today does little to differentiate the performance of vehicles because the majority now get the same rating.  This has essentially neutered consumer’s ability to differentiate the best performers from the worst.  That’s why, in The Car Book, we use the very same crash test data generated by NHTSA to separate performance on a scale of 1-10 so that consumers can identify the truly top performers.  NHTSA needs to adopt such a system, as well as increase the speed at which the tests are conducted.  40 years ago, the 35 mph test speed was selected to see which cars exceeded the 30 mph requirements.  It is now way past the time when we should increase test speeds.  We believe that a program that challenges the manufacturers to post the highest speed at which their vehicle will pass and updated test protocol would set competition for safety on fire.

We also need to combine test results for a unified rating of a vehicle’s performance.  Again this is something we’ve been able to do in The Car Book and there is no reason why NHTSA shouldn’t do the same.  Presenting the information in a complete, but simplified, manner is critical to consumers being able to use it in the marketplace.

Vehicle safety design and technology is light years ahead of the current crash test program.  NHTSA must move forward and develop new and more sophisticated methods of measuring a vehicle’s ability to protect us in a crash and combine that effort with a simple and easily comparable method of presenting those results to the American car buyer.  NCAP has proven that “regulation by information” works, but today the program is stalled in neutral and does little to help consumers make the safest choice possible.

NCAP needs to keep up with the rest of the world not only to insure that Americans have access to the safest cars in the world, but also to keep them globally competitive.  Doing so, and publishing differentiated comparative test results, will result in a giant leap forward in the safety of American cars and a significant reduction of the death and injury caused by products most of us depend on every day.

Contact:

Jack Gillis, 202-939-1018

The post Celebrating the 40th Anniversary of NHTSA’s New Car Assessment Program Uncovers the Need for a Total Overhaul appeared first on Consumer Federation of America.

Because of the computerization, electronics and sophisticated safety technology in today’s vehicles, it’s critical that you avoid getting stuck with one of these lemons. “Looks can be deceiving—with a nice clean up, these water infested vehicles, may actually look pretty good—which means knowing how to identify a flooded vehicle is critical. When it comes to buying a car, three out of four of us buy used,” said Gillis. By following these tips, consumers can protect themselves from purchasing a vehicle which can put themselves and their families at risk.

Ten Tips for Avoiding a Flood Damaged Vehicle

1. Check the VIN (Vehicle Identification Number) which is located on the driver’s side dashboard, visible through the windshield, with the National Motor Vehicle Title Information System established by the U.S. Department of Justice. You’ll have to pay a small fee for the information, but it’s the most comprehensive data base. You can also check with the National Insurance Crime Bureau (NICB) or CarFax (both currently offering free flood history information). Even if the database has no flood information, beware, as fraudsters have ways of getting around VIN registration information or it simply wasn’t reported.

2. Use your nose. Beware if the vehicle smells musty or damp or if you smell some kind of air freshener. Close up the windows and run the air conditioner and check for a moldy smell.

3. Look for dirt, mud and water stains. Check the carpets, seat upholstery, cloth lining inside the roof, if you see any dirt or mud stains, beware. Feel under the dashboard for dirt or moisture and look in the glove boxes, ashtray, and various other compartments for moisture or stains. If you see straight stain line either on the inside of the door panel, engine compartment or trunk—watch out, that’s probably how high the water went in the vehicle. Tip: If the carpeting, seat coverings or headliner seem too new for the vehicle, that’s a sign that they may have been replaced due to flood damage.

4. Listen for crunch. Pull the seats forward and back and try all of the safety belts. If you’re looking at an SUV with folding seats, try folding them all. Listen for the ‘crunchy’ sound of sand or dirt in the mechanisms or less than smooth operation.

5. Check the spare tire (or inflator) area. Look for mud, sand or stains on the spare tire and jack equipment and the well under the spare tire. Check under the trunk carpet for a rigid board and look to see if it is stained or has water damage.

6. Power up. Be sure to try all the power options including windows, locks, seats, moon roof, automatic doors, wipers, window washers, lights, AC system, etc. If any don’t work, sound funny, or operate erratically, beware. And don’t forget the sound system. Try out the radio, CD player and Bluetooth connectivity. Adjust the speakers front and back and side to side to listen for any crackling or speaker failure.

7. Check for rust or corrosion. Look around the doors, in the wheel wells, under the seats, under the hood and trunk and inside the engine compartment.

8. Look under the hood. Look at the air filter. It’s often easy to check and will show signs of water damage. Check the oil and transmission fluid. If it looks milky or has beads of water, watch out.

9. Take a test drive and listen for unusual engine or transmission sounds or erratic shifting and acceleration. Set the cruise control to see if it is working properly.

10. Check out the head and tail lights; look closely to see if there is any water or fogging inside. Same with the dashboard—are any of the gauges foggy or containing moisture droplets.

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Washington D.C. — 70 million vehicles on the road with open recalls pose a significant safety danger.  “While these open recalls present a clear hazard to the vehicle occupants, they are also a hazard to other drivers and pedestrians,” said Jack Gillis, CFA’s Executive Director and author of The Car Book.     

            “Senator Richard Blumenthal’s Used Car Safety Recall Act will be a giant step forward in eliminating the estimated 70 million vehicles with open recalls on the nation’s roadways.  Not only will this bill protect used car buyers, but it will put significant pressure on the car companies to fix the defects,” said Gillis.  Used car sales represent about 75% of vehicle sales.  As a result of Senator Blumenthal’s bill, thousands of used car dealers will be putting pressure on the automakers to fix recalls so they can sell their vehicles.

The automobile recall program is one of the government’s most important auto safety functions, but to be truly effective, car dealers should not be allowed to simply resell vehicles with known and correctable defects.  “It is illegal to sell new cars with open recalls and we agree 100% with Senator Blumenthal that it should be illegal to sell a used car with an open recall.  Simply put, profiting from the sale of any product with a known defect is unconscionable,” said Gillis.

[1] According to NHTSA’s Vehicle Safety Recall Completion Rates Report, May 2017.

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With DC set to approve Ford’s AV program rollout, Jack Gillis, CFA’s Executive Director and author of The Car Book acknowledged the potential of AVs, but expressed concern about the experiment:  “Autonomous vehicles have the potential to be a technological vaccine that could dramatically reduce the tragic toll that autos take on our society.  However, like any successful vaccine, AV’s need to be thoroughly tested to specific standards, before they are made available to the public.  The current plan to let the Ford Motor Company use DC’s streets as a testing ground for autonomous vehicles falls woefully short on the protections and oversight needed to ensure the safe introduction of the autonomous vehicle.”

Long time auto safety advocate, Jackie Gillan, President Emeritus of Advocates for Highway and Auto Safety, appearing as a public representative said, “I do not fear new technology, but I do fear being a guinea pig for testing vehicles equipped with unproven experimental technology.”

Gillis testified that the lack of details on this experimental program should raise numerous red flags for the Council, especially considering the results of similar programs in other cities that hastily allowed autonomous vehicle testing on their public streets. He explained the top three actions the DC Council should take in order to protect DC residents and visitors who all use the Districts roads:

First, there needs to be transparency in the details of the program and its specific implementation. The public and other stakeholders must be involved in the execution process and review of all aspects of the planned AV testing protocols. Any adverse impacts that arise from the testing must be publically disclosed and available for independent public review.

Secondly, the council needs to ensure that there are essential cybersecurity protections to protect both the vehicle and the passengers. With hacking becoming more and more commonplace, and the previously documented ability for a miscreant to take control of a vehicle, Ford must demonstrate to the District and its public that it will be able to prevent such activity.  One can only imagine the tragic consequences of a hacker taking control of an AV in the nation’s capital. In addition, should citizens be taking part in this experiment, the privacy of their personal data and activities must be protected.

Lastly, there needs to be strict protocols for identifying and evaluating adverse impacts on public safety by making all of the operational data associated with the experiment available for independent technical review.  If Ford wants to use the public’s streets for their experiment, then they must make all of their AV data available to that same public.  An independent review is common practice in the development of any vaccine and autonomous vehicles should be treated no differently.  Not only should there be independent review of the massive amounts of data collected and processed by the AV, but there should be an independent review of the experiment itself.  A board of independent experts is imperative in view of the fact that few government officials or members of the public have the ability to oversee what is likely one of the most complex products ever introduced in the history of the world.

These actions are even more critical considering the highly complex nature of autonomous vehicles. In giving permission to Ford to test vehicles on DC streets, Gillis reminded the committee that Ford has had over 8 million “standard” vehicles recalled in just the past 4 years, which is about the same as the number of vehicles that they sold during that same time period.

“What is particularly problematic, is that the DC government is authorizing the introduction of an unregulated vehicle, as the Federal government has refused to establish standards for AV performance,” said Gillan

“While AV’s will undoubtedly be a technological vaccine that will make driving safer and help DC move towards its Vision Zero goal, the lack of details in the pilot program and overall lack of regulation by either DC or the federal government necessitate and thoughtful and explicit rollout of autonomous vehicles nationwide and in the nation’s capital,” concluded Gillis.

Contact: Jack Gillis, 202-939-1018

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• Limit the size and scope of exemptions for vehicles that can be sold without meeting crucial federal government safety standards. The AV START Act would allow for potentially millions of exempt vehicles to be sold, not just used for testing.
• Direct the United States Department of Transportation (U.S. DOT) to issue minimum standards for driverless cars, including securing driverless systems from hacking, as well as establishing performance requirements for what the vehicle can “see,” electronics systems, and the handoff between computer and human driver. Also, in the absence of federal regulation, states should not be preempted from protecting their citizens.
• Provide the public, NHTSA, and NTSB with adequate information and data as to the limitations, capabilities, and real-world performance of driverless cars.
• Maintain current law, which prohibits manufacturers from turning off vehicle safety systems at their sole discretion.
• Address the serious safety shortcomings of partially automated, SAE Level 2 vehicles.
• Assure that driverless cars will be safe and accessible to traditionally underserved communities, including people with disabilities.
• Ensure NHTSA has sufficient resources and the authorities it needs to effectively oversee driverless cars as they are deployed on a large scale.

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“Looks can be deceiving—with a nice clean up, these water infested vehicles, may actually look pretty good—which means knowing how to identify a flooded vehicle is critical. When it comes to buying a car, three out of four of us buy used. So there’s a big incentive for disreputable sellers to move flood damaged vehicles north hoping to sell them to unsuspecting buyers,” said Gillis. “While luckily less cars have been flooded compared to Harvey and Irma, flooded cars remain a significant risk to unsuspecting consumers. By following these tips, consumers can protect themselves from purchasing a vehicle which can put themselves and their families at risk,” Gillis continued.

Ten Tips for Avoiding a Flood Damaged Vehicle

1. Check the VIN (Vehicle Identification Number) which is located on the driver’s side dashboard, visible through the windshield, with the National Motor Vehicle Title Information System established by the U.S. Department of Justice. You’ll have to pay a small fee for the information, but it’s the most comprehensive data base.  You can also check with the National Insurance Crime Bureau (NICB) or CarFax (both currently offering free flood history information). Even if the database has no flood information, beware, as fraudsters have ways of getting around VIN registration information or it simply wasn’t reported.
2. Use your nose. Beware if the vehicle smells musty or damp or if you smell some kind of air freshener.  Close up the windows and run the air conditioner and check for a moldy smell.
3. Look for dirt, mud and water stains. Check the carpets, seat upholstery, cloth lining inside the roof, if you see any dirt or mud stains, beware. Feel under the dashboard for dirt or moisture and look in the glove boxes, ashtray, and various other compartments for moisture or stains. If you see straight stain line either on the inside of the door panel, engine compartment or trunk—watch out, that’s probably how high the water went in the vehicle.  Tip: If the carpeting, seat coverings or headliner seem too new for the vehicle, that’s a sign that they may have been replaced due to flood damage.
4. Listen for crunch. Pull the seats forward and back and try all of the safety belts. If you’re looking at an SUV with folding seats, try folding them all.  Listen for the ‘crunchy’ sound of sand or dirt in the mechanisms or less than smooth operation.
5. Check the spare tire (or inflator) area. Look for mud, sand or stains on the spare tire and jack equipment and the well under the spare tire. Check under the trunk carpet for a rigid board and look to see if it is stained or has water damage.
6. Power up. Be sure to try all the power options including windows, locks, seats, moon roof, automatic doors, wipers, window washers, lights, AC system, etc.  If any don’t work, sound funny, or operate erratically, beware. And don’t forget the sound system.  Try out the radio, CD player and Bluetooth connectivity. Adjust the speakers front and back and side to side to listen for any crackling or speaker failure.
7. Check for rust or corrosion. Look around the doors, in the wheel wells, under the seats, under the hood and trunk and inside the engine compartment.
8. Look under the hood. Look at the air filter.  It’s often easy to check and will show signs of water damage.  Check the oil and transmission fluid.  If it looks milky or has beads of water, watch out.
9. Take a test drive and listen for unusual engine or transmission sounds or erratic shifting and acceleration. Set the cruise control to see if it is working properly.
10. Check out the head and tail lights; look closely to see if there is any water or fogging inside.  Same with the dashboard—are any of the gauges foggy or containing moisture droplets.

Contact: Jack Gillis, 202-939-1018

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Washington D.C. — 70 million vehicles on the road with open recalls poses a significant highway safety danger.  “While these open recalls present a clear hazard to the occupants of these vehicles, they are also a hazard to the rest of the driving public,” said Jack Gillis, CFA’s Executive Director and author of The Car Book.  The high number of open recalls means that a significant number of owners are “turning-in” used cars with an open recall or those vehicles may be recalled by the manufacturer while waiting to be resold.  Some car dealerships are violating state laws that prohibit them from selling unsafe vehicles, particularly when they are subject to a safety recall. The result: a significant number of used vehicles are likely to be sold with open recalls.  While the subsequent owner can have any recall addressed at no charge for 15 years from when the recall was issued, they may not know about the recalls or fail to check their particular vehicle.  They may also experience lengthy delays in being able to obtain repairs, due to severe shortages of repair parts, or the manufacturer’s failure to provide a remedy.

The automobile recall program is one of the government’s most important auto safety functions, but to be truly effective, recall completion rates must be dramatically increased.  “It’s simply not enough to announce a recall, the car companies, car dealers, and government must do everything possible to remedy those recalls,” said Gillis.  “Under federal law, car dealers can’t sell new cars with open recalls, and under state laws, car dealers are not allowed to sell recalled used cars either. But those laws are not being adequately enforced. With today’s communication technology, social media, and information databases, there is no excuse not to significantly increase compliance with safety recalls,” added Gillis.  The entire auto industry, all levels of government, and individual consumers each have an important role to play in ensuring that safety recalls are performed. The huge rental car industry must acknowledge and respect the importance of recalls, so too should the rest of the automotive use and retail industry.

Needed Actions to Protect the American Public from Recalled Vehicles:

1. State attorneys general should enforce existing state laws that prohibit car dealers from knowingly, negligently, or deceptively selling unrepaired recalled used cars.
2. In addition, Congress and the President should enact federal legislation, enforceable by NHTSA, to prohibit car dealers from selling recalled used cars.
3. Require fleet operators to remedy open recalls upon notice and prior to returning vehicles to service.
4. Recalled taxis and ride service vehicles must be remedied upon notice and prior to returning vehicles to service.
5. Auto auction companies must remedy recalls during their refurbishing process and prior to the transfer of the vehicle.
6. Require car companies to send out notices (by e- and postal mail) every two months until the recall is resolved or vehicle has been removed from service.
7. Require DMVs and state inspection programs to include VIN-specific recall notices on registration renewals and inspections to alert the owners that their vehicles have unrepaired recalls.
8. The government (NHTSA) must initiate an effective public education campaign to get vehicle owners to sign up for recall notifications.
9. New and used car dealers must register owners for recall notices on safercar.gov as part of the selling paperwork. Insurance companies should provide a recall report before providing insurance.
10. Manufacturers must provide loaner cars for owners of recalled vehicles when there are significant delays in obtaining recall repair parts.

“Corporate America and the government have developed massive database and information systems for advertising, marketing and tracking purposes, it’s time to put those same systems in place for remedying recalls,” concluded Gillis.

Contact: Jack Gillis, 202-939-1018

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Autonomous vehicles have the potential to be a technological vaccine that could dramatically reduce the tragic toll that autos take on our society.  However, like any successful vaccine, they need to be thoroughly tested to specific standards, before they are made available to the public.  The current version of the AV START Act (S. 1885) falls woefully short on the protections needed to insure the safe introduction of the autonomous vehicle.

In addition to the various concerns already raised at this press conference, privacy, data availability, government oversight, and transparency must be a top priority to insure safe and efficient autonomous vehicles.

Because AVs will be tracked and monitored, regulations are needed to insure that this information remains the privy and property of the consumer. Furthermore, because of the bandwidth being allocated to AV communications, we are concerned that much of it will be used for commercialization, which will seriously annoy consumers, and increase the already growing problem of distracted driving.

As they operate, AVs will be collecting tremendous amounts of technical and performance data – information vital to the independent analysis of the efficacy of the various AV operations.  This information needs to be made publically available.  Independent experts need to assess AV capabilities.  Consumers need it to make informed purchase decisions regarding AVs, all of which will have various features and performance levels.

One of the best ways to educate consumers about this new technology is to make safety information about driverless cars easily available online. It’s no surprise that the vast majority of consumers want this information. And it is especially important with AVs because there are currently no standards set by the DOT that make it clear what AV features can, and cannot, do. This database must also let consumer know which AVs are exempt from federal safety standards.

The good news is that the DOT has a system in place. Safercar.gov provides vehicle safety information and the ability to look up recall information by VIN.  Manufacturers must submit AV feature information to DOT by VIN number so it can reside in this already created system.  This will enable the over 50 million American’s who buy new and used cars to precisely determine the features of a particular AV, and the public exposure will serve to stimulate competition in developing the very best AV features.  As the government and industry attempts to roll out AVs without any type of standards or consistent nomenclature—basic, comparative information about AV features is an absolute minimum.

Finally, for there to be proper government oversight of these extraordinarily complex and highly technical products, Congress must mandate, and provide funding for, the National Highway Traffic Safety Administration to establish an AV oversight division within the agency staffed with the technical know-how needed to both understand and monitor this new technology.  Right now, the Agency is incapable of overseeing AV technology even if it wanted to.  Without such an effort, the car and tech companies pushing AVs onto American roadways will set their own standards.  Given the serious recalls by the car companies and the data breaches by the tech companies, this is a recipe for disaster.  For AVs to reach their full potential as a lifesaving addition to America’s highways—there must be thoughtful and effective regulatory oversight—as currently written, the AV START Act fails do to that on a number of fronts.

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While we are confident that the auto and technology companies are on the cusp of nearly unimaginable advancements in safety, doing so without specific oversight and standards could, ironically, itself be a safety hazard.  Congress must establish a safe roadmap to the successful introduction of AVs in order to fulfill their potential for facilitating dramatic reduction in the tragic toll that automobiles take on America’s public health.

Rather than give the industry “carte blanche” to fill the roads with untested, unregulated vehicles, Congress must address the following:

The danger of introducing hundreds of thousands of vehicles into the market prior to establishing specific performance standards for this extraordinarily complex technology. In its investigation of the Tesla crash, the National Transportation Safety Board found significant problems with the marketing, performance and education associated with Tesla’s preliminary efforts at automation. As vehicle automation becomes even more sophisticated, these types of problems will increase exponentially. While the complexity of today’s vehicles is far less than those of the future, during the past three years, three times as many vehicles have been recalled as even sold. While these recalls have mainly been mechanically related, the combination of sophisticated computerization with mechanical safety features will only increase the potential for problems. As these new technologies are introduced, we need more, not less, regulatory oversight.

The elimination of occupant safety requirements in autonomous vehicles will deny passengers critically important protections in inevitable accidents. For the foreseeable future, one of the biggest challenges facing consumers will be the mix of AVs (autonomous vehicles) with HDs (human drivers). As each of these operating systems try to work together, there will be accidents. Denying the occupants of AVs the protections offered by current federal safety requirements will subject them to needless injury and death.

The need for public access to the data associated with AV operations, especially in accident and accident avoidance situations. As this technology is rolled out, independent researchers and government regulators need unbiased access to performance data. There will be a tremendous amount of data available that can be used to critically evaluate the vehicle’s performance. Locking this data up behind corporate doors will deny the public with the ability to determine the real world performance of AVs. Requiring public disclosure of the data associated with AV operations, with privacy protections, must be a priority. Absolutely essential is a requirement that manufacturers must report all crashes to NHTSA.

The National Highway Traffic Safety Administration’s (NHTSA) lack of capacity to properly oversee and regulate this technology. The AV is likely one of the most technologically sophisticated products in recent history. Congress needs to significantly increase NHTSA’s funding and require the establishment of a specialized AV department, with highly trained and experienced staff, to oversee AV standards. Without such a department, it is too easy for the car and technology companies to forge ahead with unregulated products using the excuse that NHTSA simply can’t understand or evaluate these products. Government ignorance is a recipe for tragic consequences—consequences that, ironically, will hamper the development of this life-saving technology. Even a small number of tragedies could negatively influence the public support needed to bring the best of this technology forward.

Contact: Jack Gillis, 202-737-0766

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