Beasley, Allen, Crow, Methvin, Portis & Miles, P.C.

In June, we reported that the U.S. Senate panel reviewing a National Highway Traffic Safety Administration (NHTSA) proposal for increased standards in roof strength had asked the agency to delay its decision, originally scheduled for July 1. The NHTSA agreed to further review of the policy, and set a new date for release on Oct. 1. Yesterday, the agency announced another delay, pushing the decision back to December, according to a report in the Detroit News.

Several items in the proposed new standard, which updates the 35-year-old current regulation of vehicle roof strength, are being reviewed.

The new standard would require a vehicle’s roof be able to withstand a force equal to 2.5 times the vehicle weight, and to maintain sufficient head room for a seat-belted adult (average size male). The current standard requires only 1.5 times resistance. The new standard also would add vehicles up to 10,000 pounds, where the current standard applies only to vehicles 6,000 pounds.

Consumer groups, such as the People Safe in Rollovers Foundation, say the proposed new standard is still too lax. They call for a standard that would require a vehicle roof to withstand at least 3.5 times the vehicle weight.

Also at issue is the method used to test roof strength. The Insurance Institute for Highway Safety, a nonprofit research and communications organization funded by auto insurers, noted a “surprising lack of evidence” that the quasi-static test procedure used by the NHTSA in the standard had any relationship to protection in real-world rollover crashes. They determined that without knowledge of such a relationship, it is not possible to determine an adequate level of roof strength for the vehicle fleet.

But perhaps the issue of most importance involves manufacturer liability. According to the Detroit News report, some senators are arguing that the NHTSA proposal would limit the ability of individuals to sue automakers in roof crush cases. Senators are asking the NHTSA to drop a provision in the new proposal that would pre-empt most state court lawsuits in connection with roof strength, the News reports.

Sen. Mark Pryor (D-Ark.), chairman of the Senate Commerce subcommittee on auto safety, along with two other senators, wrote a letter to the NHTSA saying the provision would “constitute an unprecedented incursion upon the constitutional rights of consumers,” and said Congress would oppose such restrictions.

The NHTSA roof strength requirement revisions are part of the agency’s stated goal of helping people survive rollover crashes, which account for more than 10,000 deaths each year. According to NHTSA statistics, rollover accidents represent only 3 percent of all crashes, but account for one-third of all vehicle deaths.

This entry was posted on Thursday, October 2nd, 2008 at 10:18 am and is filed under Legal, News, automobile accident, product liability, rollover accident. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.