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National Highway Traffic Safety Administration Weak On Enforcing Safety Standards

Ralph Nader is an American attorney, author, lecturer, political activist, and four-time candidate for President of the United States, having run as a Green Party candidate in 1996 and 2000, and as an independent in 2004 and 2008.

In 1965 Nader wrote his publications "Unsafe at Any Speed". In it he talked about the defects in product and design in American automobiles and his concerns over the increase of traffic fatalities. As a result of his publication, the National Traffic and Motor Vehicle Safety Act was passed and the National Highway Traffic Safety Administration (NHTSA) was developed. Their job is to make sure that automobile manufacturers build their products to the safety standards set out by the vehicle safety act. The legislation mandates a series of safety features for automobiles, beginning with safety belts and stronger windshields.

Today the NHTSA’s seem to have trouble in forcing auto manufacturers to make their vehicles safer. Back in the early 90s, the agency considered making new rules that would require stronger seats. Automakers argued that more studies were needed before any rules were established and in 2004, the issue was placed on the back burner, and has not been revisited since. In the meantime, injuries caused by seat collapses have continued to mount.

A few years ago, the agency found that about 50,000 people suffered scalding injuries from radiator caps in just a single year. The NHTSA decided that replacing the cap was a cheap and safe fix. Auto companies opposed it, saying that the cost of the caps would be expensive. The agency ended up abandoning its proposal, quoting a study showing that the number of scalding injuries had dropped to 5,000 the following year. Similarly, the NHTSA has given up on proposed rules linked to stronger and safer fuel systems on trucks.

An LA Times report states several facts that point to the agency’s failure in enforcing their standards.
1. The last time the NHTSA ordered a mandatory recall was back in 1979.
2. The largest fine ever issued by the agency was $1 million, chicken feed for automakers.
3. The last time it issued fines against an auto company was in 2004.
4. The budget for some agency functions like investigations, has fallen by more than 50 percent over the past 9 years.

Another issue that concerns California product liability lawyers is that more and more NHTSA staffers are leaving the agency to join positions at automakers. There is concern that the prospect of a high paying job with an automaker could cause these NHTSA staffers to side with auto companies.