Safety magnification

Jan. 1, 2020

With the regulatory-minded Obama administration now in control of federal agencies, there will be a push to turn up the heat on the safety of products, especially those imported from the Far East.

Stephen Barlas

With the regulatory-minded Obama administration now in control of federal agencies, there will be a push to turn up the heat on the safety of products, especially those imported from the Far East. Already some industry groups seem to be suggesting that the National Highway Traffic Safety Administration (NHTSA) expand the recent "best practices" guidance issued on imported auto parts, and, perhaps, translate that guidance into regulations.

That guidance essentially lays out common sense due diligence importers should perform to make sure manufactured parts — either aftermarket or OE — they are bringing into the U.S. are made by reputable companies. The guidance has no legal standing, but might be used when determining whether an importer ought to be subject to an enforcement action for a product that violates Federal Motor Vehicle Safety Standards (FMVSS).

NHTSA publishes FMVSS for brake hoses, brake fluid, tires, warning devices and lamps. Currently, NHTSA only requires manufacturer self-certification. The agency has no way of knowing whether a manufacturer in China or France has actually done the FMVSS safety tests, unless a product defect crops up somewhere down the line in the U.S., and it is reported by an importer or a retailer.

NHTSA's Office of Vehicle Safety Compliance (OVSC) conducts "spot checks" of vehicles and equipment at aftermarket retailers to assure compliance with FMVSS.

Gary L. King, manager of regulations & standards, North American Lighting, Inc., thinks plants should also undergo harsher NHTSA scrutiny. "In some cases we have to allow our plants to be inspected by government officials and ship product to outside test houses, in order to be allowed to ship product into foreign countries," he says. "Without similar controls by the U.S., these overseas suppliers can send just about anything into this country and no one is accountable."

Besides insuring foreign manufacturers perform all FMVSS tests, importers are also supposed to make sure that imported parts have the correct "markings," including a manufacturer's stamp on each product or packaging with the company name or code and an indication of self-certified compliance.

NHTSA does include a recommendation in the final guidance that foreign manufacturers voluntarily mark their products. But again, this has no legal standing and will do little to stem the tide of imported aftermarket "knockoffs."

Some manufacturers in the lighting and brake areas believe NHTSA should go beyond guidance to issuing tougher regulations. The Automotive Aftermarket Suppliers Association is querying its members to see if they should begin pressing NHTSA to write regulations which might, for example, make it illegal to import tire rods or ball joints made out of aluminum. Currently, that is not illegal, only unethical.

Stephen Barlas has been a full-time freelance Washington editor since 1981, reporting for trade, professional magazines and newspapers on regulatory agency, congressional and White House actions and issues. He also writes a column for Automotive Engineering, the monthly publication for the Society of Automotive Engineers.