Toyota hearings will lead to "sudden acceleration" at NHTSA

Jan. 1, 2020
Some might argue that the biggest impact the Toyota sudden accelerator problem has had on the aftermarket is a temporary jump in sales of floor mats.

Some might argue that the biggest impact the Toyota sudden accelerator problem has had on the aftermarket is a temporary jump in sales of floor mats. But the Toyota issue will have much larger, long-term reverberations given its likely prod to congressional retooling of the undermanned National Highway Traffic Safety Administration (NHTSA).

A bigger, badder NHTSA could impact the aftermarket in at least three ways. Greater transparency in terms of recall, defect and investigation information could spur consumer replacement of allegedly faulty parts. More aggression on safety standards might lead to new reconstituted products for retailer shelves — more on this below. A less enticing possibility is a more aggressive NHTSA willing to publicize product problems and fine offending distributors.

It should be said that it is unclear NHTSA mishandled the Toyota investigations. On the other hand, it is very clear that the agency is underfunded and understaffed, and that a baying Congress — which often fails to put its money where its mouth is once headlines fade — may turn the lapdog into a watchdog. Sen. Byron Dorgan (D-N.D.) pointed out at the Senate hearings on March 2, with amazement in his voice, that NHTSA's safety budget in fiscal 2010, the current fiscal year, is $132 million. "We are spending $875 million to secure our embassy in Iraq," he pointed out, the comparison clearly bewildering to him.

To those who believed NHTSA's chronic underfunding was a Bush administration anomaly, Rep. John Mica (R-FL), at hearings in the House Government Reform and Oversight Committee on Feb.y 24, set the record straight. He said the Obama administration had proposed a $5 million increase in NHTSA's budget for fiscal year 2011, which starts Oct. 1, 2010. He underlined the fact that this was the smallest increase for any federal agency. Joan Claybrook, the former administrator of NHTSA in the Carter administration, said the agency needed another $100 million a year in budget funds.

There is no question that Congress will pass a NHTSA reform bill, probably this year. There have been plenty of allusions over the past few weeks to the Transportation Recall Enhancement, Accountability, and Documentation (TREAD) Act of 2000, enacted after the Firestone/Ford Explorer debacle. That bill required NHTSA to complete 15 separate rulemaking actions, three reports, two studies, and one strategic plan. At the House hearings on Feb. 24, Rep. Darrell Issa (R-Calif.), the top Republican, promised to introduce legislation to require U.S. auto manufacturers to publish additional safety data and for NHTSA to put it on its website. Rep. Paul Kanjorksi (D-PA), the number two Democrat on the committee, quickly offered to co-sponsor the bill. Transportation Secretary Raymond LaHood, who was testifying, promised: "I will work with you on that."

Claybrook told the House committee that any legislation should give NHTSA authority to issue criminal penalties, authority it does not now have. She called the maximum $16.4 million civil fine the agency can hand out "chump change." She also recommended revision of a number of safety standards. These can have an impact on the aftermarket. For example, NHTSA issued a proposed revision in February of FMVSS No. 116, Motor Vehicle Brake Fluids. The agency wants the fluids to be tested with ethylene, propylene, and diene terpolymer (EPDM) rubber which is increasingly used in brake seals, instead of styrene-butadiene rubber (SBR). SBR is used exclusively for the 116 tests now. This could result in new brake fluid formulations coming to aftermarket shelves.

So look for NHTSA to have some "sudden acceleration" of its own, thanks to new congressional dictates.

Sponsored Recommendations

Best Body Shop and the 360-Degree-Concept

Spanesi ‘360-Degree-Concept’ Enables Kansas Body Shop to Complete High-Quality Repairs

How Fender Bender Operator of the Year, Morrow Collision Center, Achieves Their Spot-On Measurements

Learn how Fender Bender Operator of the Year, Morrison Collision Center, equipped their new collision facility with “sleek and modern” equipment and tools from Spanesi Americas...

ADAS Applications: What They Are & What They Do

Learn how ADAS utilizes sensors such as radar, sonar, lidar and cameras to perceive the world around the vehicle, and either provide critical information to the driver or take...

Coach Works implements the Spanesi Touch system

Coach Works Uses Spanesi Equipment to Ensure a Safe and Proper Repair for Customers