HIGHWAY SAFETY HEARING 1500-1600
highway safety
House Energy and Commerce Subcommittee Hearing on Highway Safety with David Strickland, Administrator of the National Highway Traffic Safety Administration, Joan Claybrook, Ami Gadhia, Policy Counsel for Consumers Union and Dave McCurdy, president and CEO Alliance of Automobile Manufacturers.
15:00:00 IMPLEMENT THE EARLY WARNING SYSTEM IN A MANNER THAT ENSURES
15:00:03 MAXIMUM PUBLIC AVAILABILITY OF INFORMATION.
15:00:05 THAT CLEARLY HASN'T HAPPENED. SO MY GOAL IS TO WORK WITH YOU,
15:00:12 SIR, IN ORDER TO ACCOMPLISH THAT GOAL.
15:00:14 WE THANK YOU FOR TAKING THIS JOB, BY THE WAY.
15:00:17 >> THANK YOU. >> WE HAVE ENJOYED WORKING WITH
15:00:20 YOU OVER ALL THE YEARS, ESPECIALLY ON THE FUEL ECONOMY
15:00:23 STANDARDS AND YOUR WORK ON THE SENATE.
15:00:25 >> THANK YOU. >> LET ME ASK ONE FINAL
15:00:27 QUESTION, IF I MAY. ALTHOUGH NHTSA CAN UNDERTAKE A
15:00:31 MANDATORY RECALL, DOING SO TAKES A GREAT DEAL OF TIME AND CAN
15:00:35 REQUIRE YOU TO GO TO COURT TO PROVE THE EXISTENCE OF A SAFETY
15:00:39 DETECT. THERE ARE TIMES, HOWEVER, WHEN
15:00:43 TAKING THAT LONG COSTS LIVES. AS YOU KNOW, SINCE YOU WERE THE
15:00:48 LEAD STAFFER IN THE SENATE TWO YEARS AGO, CONGRESS GAVE THE
15:00:52 CONSUMERER PRODUCT SAFETY COMMISSION THE AUTHORITY TO
15:00:55 QUICKLY INFORM THE PUBLIC OF AN IMMINENT PRODUCT SAFETY HAZARD
15:00:59 THOUGH THE FORMAL RECALL PROCESS WAS COMPLETE.
15:01:03 DO YOU THINK THAT SORT OF AUTHORITY COULD HELP NHTSA MORE
15:01:07 EFFECTIVELY PROTECT AND INFORM THE PUBLIC OF SERIOUS SAFETY
15:01:10 PROBLEMS AND WILL YOU WORK WITH US TO DEVELOP SUCH A PROVISION?
15:01:15 >> THE IMMINENT HAZARD AUTHORITY, AND SEVERAL OF OUR
15:01:19 SISTER CONSUMER SAFETY AGENCIES, THE FEDERAL RAIL ADMINISTRATION
15:01:25 FOR EXAMPLE, HAS THIS AUTHORITY AND IT'S PROVEN HELPFUL TO THEM.
15:01:33 THIS HAS PROVEN SUCCESSFUL IN OTHER AREAS OF CONSUMER
15:01:37 PROTECTION AND MAY BEAR FRUIT FOR NHTSA AS WELL.
15:01:40 >> THANK YOU. OUR COUNTRY IS FORTUNATE YOU
15:01:44 WERE WILLING TO ACCEPT THIS POSITION.
15:01:45 >> THANK YOU. THAT'S VERY KIND.
15:01:48 >> THE CHAIR WILL ASK THE INDULGENCE OF THE WITNESS JUST
15:01:53 FOR A FEW MINUTES. THE CHAIR WILL AUTHORIZE A
15:02:00 SERIES OF QUESTIONS AND THE CHAIRMAN HAS HIMSELF FOR TWO
15:02:07 MINUTES. NHTSA'S BUDGET FOR VEHICLE
15:02:11 SAFETY PROGRAMS AND STANDARDS, AS WAS MENTIONED EARLIER, FOR
15:02:15 THE PAST TEN YEARS. FROM MY PERSPECTIVE THIS YEAR'S
15:02:21 BUDGET REQUEST IS DOWN A FEW MILLION DOLLARS FROM THE YEAR
15:02:28 BEFORE. ODI, WHICH FOCUSES ITS
15:02:31 ENFORCEMENT ACTIVITIES ON NEW CARS SOLD WITHIN THE LAST FIVE
15:02:37 YEARS HAS A BUDGET OF LESS THAN $10 MILLION TO POLICE A FLEET OF
15:02:43 80 MILLION VEHICLES. AND THAT, ACCORDING TO THE
15:02:48 CHICAGO PUBLIC SCHOOLS, ADDS UP TO ABOUT TEN CENTS A CAR.
15:02:54 THE BUDGET FOR RULE MAKING IS SUFFERING AS WELL.
15:02:58 IT IS DELAYING MAJOR RULE-MAKING EFFORTS TO THE POINT IN CONGRESS
15:03:04 HAS BEEN COMPELLED TO LEGISLATE MANDATES FOR ROLL-OVER STANDARDS
15:03:08 AND CHILD SAFETY. THE AGENCY IS, AS FAR AS I CAN
15:03:16 SEE, NHTSA IS STARVED. AND THE STARVATION IS PRETTY
15:03:26 CLEAR. I KNOW THERE IS AN INCREASE OF
15:03:28 ABOUT 66 NEW PERSONNEL, BUT IF YOU GET MORE RESOURCES FOR YOUR
15:03:37 SAFETY PROGRAMS, WHERE WOULD YOU FOCUS THOSE INCREASED RESOURCES?
15:03:42 >> WELL, MR. CHAIRMAN, YOU KNOW, THE SAFETY MISSION IS NOT SIMPLY
15:03:46 IN THE ODI OR THE VEHICLE SAFETY OFFICE.
15:03:50 IT IS ACTUALLY ACROSS -- IT'S OUR ENTIRE MISSION.
15:03:54 IT'S THE BEHAVIORAL SIDE AS WELL AND THE PRESIDENT'S BUDGET
15:03:58 PROVIDES RESOURCES TO ACCOMPLISH OUR MISSION WITH THE NEW
15:04:00 RESOURCES FOR THOSE PERSONNEL. WE WILL TAKE A HARD LOOK AT THE
15:04:04 66 PERSONNEL AND DEPLOY THEM AT THE PLACES WHERE WE NEED NOT
15:04:08 ONLY TO IMPROVE AND STRENGTHEN THE OFFICE OF DEFECTS
15:04:12 INVESTIGATION BUT IN OTHER PLACES WHERE WE CAN ALSO HELP
15:04:15 FURTHER OUR SAFETY MISSION IN THE MOST EFFICIENT WAY.
15:04:18 IN TERMS OF, YOU KNOW, RESOURCES OVERALL, WE HAVE ACCOMPLISHED
15:04:23 OUR MISSION WITH THE RESOURCES WE HAVE HAD.
15:04:26 THE PRESIDENT HAS GIVEN US A BUDGET THAT GIVES US MORE
15:04:30 RESOURCES TO DO MORE AND WE WILL USE IT FOR THE SAFETY MISSION.
15:04:37 THIS CONGRESS HAS TO PREPARE A BUDGET.
15:04:40 >> SURE. >> THE CONGRESS HAS TO APPROVE A
15:04:45 BUDGET. WE CERTAINLY WILL BE LOOKING AT
15:04:47 NEED AND NOT GREED. >> YES, SIR.
15:04:53 >> WOULD YOU HAVE ANY OBJECTION IF WE GAVE YOU MORE THAN A
15:04:57 BUDGET FOR 66 EMPLOYEES? >> MR. RUSH, THE PRESIDENT'S
15:05:01 BUDGET HELPS US ACCOMPLISH OUR MISSION.
15:05:03 IF THE DECISION OF THE CONGRESS IS TO PROVIDE US MORE RESOURCES
15:05:06 WE WILL USE THEM JUDICIOUSLY FOR THE PURPOSES OF IMPROVING
15:05:10 SAFETY. >> SOUNDS LIKE A GOOD ANSWER TO
15:05:13 ME. ALL RIGHT.
15:05:16 MR. WHITFIELD, TWO MINUTES. >> I WOULD JUST SAY I DON'T KNOW
15:05:19 HOW MUCH MORE MONEY WE HAVE TO GIVE YOU, BUT -- THANK YOU.
15:05:28 >> OKAY. WELL, WITH THAT SAID AND SEEING
15:05:31 NO MORE MEMBERS SEEKING RECOGNITION, YOU HAVE DONE AN
15:05:36 EXCELLENT JOB. WE THANK YOU VERY MUCH.
15:05:41 AGAIN, PLEASE FORGIVE US THAT OUR DUTIES HAVE TAKEN US AWAY
15:05:48 AND THANK YOU FOR YOUR PATIENCE. >> IT'S BEEN AN HONOR.
15:05:55 THANK YOU, SIR. >> THANK YOU.
15:05:57 >> MR. WHITFIELD, THANK YOU. >> THE SECOND PANEL WILL PLEASE
15:06:03 BE SEATED. >>> THE CHAIR THANKS THE SECOND
15:06:53 PANEL FOR YOUR PATIENCE AND WE WANT TO RE-EMPHASIZE OUR
15:07:03 APOLOGIES FOR TAKING US AWAY FROM OUR SCHEDULED MEETINGS AND
15:07:11 THE VOTES ON THE FLOOR. SO PLEASE ACCEPT OUR SINCERE
15:07:17 APOLOGIES. THE CHAIR WANTS TO INTRODUCE THE
15:07:22 WITNESSES NOW. FOR THE SECOND PANEL, ON MY LEFT
15:07:28 IS MS. CLAYBROOK, A FORMER ADMINISTRATOR FOR THE NATIONAL
15:07:34 HIGHWAY TRAFFIC SAFETY ADMINISTRATION.
15:07:39 WE WANT TO WELCOME YOU HERE. SEATED NEXT TO MS. CLAYBROOK IS
15:07:47 MS. AMI GADHIA AND SHE IS THE SAFETY POLICY COUNSEL FOR THE
15:07:57 CONSUMERS UNION. WE WANT TO WELCOME YOU ALSO TO
15:08:04 THIS HEARING. >> THANK YOU.
15:08:05 >> LASTLY, WE WANT TO NOT JUST RECOGNIZE BUT WE WANT TO ALSO
15:08:12 SAY HELLO TO OUR FORMER COLLEAGUE WHO'S A MEMBER OF THIS
15:08:19 HOUSE, A VERY ABLE MEMBER REPRESENTING THE STATE OF
15:08:23 OKLAHOMA FOR MANY YEARS. A VERY BRIGHT AND INTELLIGENT
15:08:28 HUMAN BEING. THE HONORABLE DAVID McCURDY,
15:08:33 PRESIDENT AND CEO OF THE ALLIANCE FOR AUTOMOBILE
15:08:38 MANUFACTURERS. IT'S GOOD SEEING YOU AGAIN,
15:08:40 DAVE. WE WELCOME YOU AGAIN TO THIS
15:08:43 SUBCOMMITTEE HEARING. NOW WE WANT TO RECOGNIZE FOR
15:08:52 FIVE MINUTES THE OPENING STATEMENT MS. JOAN CLAYBROOK.
15:08:57 >> THANK YOU SO MUCH, MR. CHAIRMAN.
15:09:00 I AM THE LAST PERSON TO HAVE REQUIRED AN AUTO COMPANY TO DO A
15:09:07 RECALL. AND THAT WAS 31 YEARS AGO.
15:09:12 I WOULD LIKE TO SAY THAT WHEN YOU DO FIND A DEFECT, THE AUTO
15:09:16 COMPANIES WILL OFF DON A RECALL AND YOU DO NOT HAVE TO GO TO
15:09:20 COURT, BUT SOMETIMES YOU DO HAVE TO GO TO COURT.
15:09:23 AND I THINK THAT THERE'S BEEN -- IN THE TOYOTA CASE, I THINK
15:09:29 ELABORATES ON THIS. I THINK THERE'S BEEN A
15:09:31 MISCONCEPTION ON WHAT A DEFECT IS.
15:09:34 IN THE LAST CASE THAT WAS LITIGATED BY THE DEPARTMENT OF
15:09:39 TRANSPORTATION ON THIS ISSUE, THE FEDERAL COURT OF APPEALS
15:09:44 MADE SEVERAL IMPORTANT COMMENTS WHICH I WOULD JUST LIKE TO
15:09:46 MENTION TO YOU. THIS IS NOT IN MY TESTIMONY.
15:09:49 I HOPE MY WHOLE TESTIMONY WILL BE ON THE RECORD, BUT I THINK
15:09:51 THAT THIS IS A VERY IMPORTANT ISSUE.
15:09:54 IT'S COME UP NOW SEVERAL TIMES IN CENT DAYS.
15:09:58 -- RECENT DAYS. THE COURT SAID TO FIND A DETECT
15:10:02 WITHIN INNING OF THE ACT NHTSA MUST SHOW THE VEHICLE IS
15:10:07 DEFECTIVE WHETHER IT'S IN PERFORMANCE, CONSTRUCTION,
15:10:10 COMPONENTS OR MATERIALS OF THE AUTOMOBILE.
15:10:12 IN OTHER WORDS IT CAN BE A PERFORMANCE DEFECT.
15:10:15 THEY DO NOT HAVE TO SHOW THAT THERE ARE FIVE, 500 OR 10,000
15:10:20 CONSUMER COMPLAINTS THAT HAVE ARISEN.
15:10:23 OFTEN, IN FACT, THOSE COMPLAINTS ARE NOT ALLOWED IN COURT AS
15:10:27 EVIDENCE. SO IF THE AGENCY RELIES ON IT,
15:10:29 THEN IT'S NOT GOING TO HAVE THEM FIND A SUCCESSFUL RESULT.
15:10:39 JUDGE LEVINTHAL SAID A DETERMINATION OF THE DETECT DOES
15:10:44 NOT REQUIRE ANY PREDICATE OF F
15:10:50 FINDING IDENTIFYING FAILURES. A DETERMINATION OF DEFECT MAY BE
15:10:54 BASED EXCLUSIVE OY TN PERFORMANCE RECORD OF THE
15:10:57 VEHICLE OR COMPONENT. I THINK THAT THIS CHANGES IF YOU
15:11:00 LOOK AT THE TOYOTA CASE -- AND I KNOW THIS IS NOT JUST ABOUT
15:11:04 TOYOTA BUT ABOUT THE AGENCY. IT CHANGES THE WAY THE AGENCY
15:11:07 SHOULD APPROACH THE DEFECT INVESTIGATIONS.
15:11:11 AND I DO THINK THAT THE AGENCY HAS FALLEN INTO A TRAP, IF YOU
15:11:17 WOULD WITH THE TOYOTA CASE AND OTHERS WHERE IT SEEMS TO BE
15:11:20 ACCEPTING THE BURDEN OF HAVING TO DEFINE WHAT THE DEFECT IS IN
15:11:27 TERMS OF THE FAILUR OF PERFORMANCE.
15:11:29 THAT'S THE RESPONSIBILITY OF THE MANUFACTURER.
15:11:30 THEY PUT THE VEHICLE TOGETHER, DID THE DESIGN DRAWINGS AND MAKE
15:11:34 THE PROFIT FROM IT. HOW THIS HAPPENS IS THEIR
15:11:37 RESPONSIBILITY. IF IT HAS A FAILURE IN
15:11:40 PERFORMANCE, THE AGENCY CAN FIND A DEFECT AND THE COMPANY HAS TO
15:11:43 FIX IT. THE COMPANY HAS TO FIGURE OUT
15:11:45 WHAT THE FIX S. THAT'S WHAT THE COURTS HAVE SAID.
15:11:48 I THINK IT'S VERY IMPORTANT TO MAKE THAT CLEAR.
15:11:51 MY TESTIMONY THAT I SUBMITTED HAS SEVEN POINTS THAT I WOULD
15:11:55 LIKE TO JUST MENTION VERY BRIEFLY.
15:11:57 ONE IS THAT THERE HAS BEEN A LOW PRIORITY ON ENFORCEMENT IN THE
15:12:02 AGENCY, A LACK OF RESOURCES WHICH YOU HAVE ALL DISCUSSED.
15:12:06 BUT THERE IS ANOTHER KEY ISSUE WHICH IS THAT A COURT OF APPEALS
15:12:09 IN THE MID 1980s FOUND THAT CONSUMERS DID NOT HAVE AUTHORITY
15:12:13 UNDER THE EXISTING STATUTE TO SUE IF A DEFECT WAS NOT FOUND BY
15:12:17 THE AGENCY. IN OTHER WORDS, IF A CASE WAS
15:12:19 CLOSED THERE WAS NO AUTHORITY OF CONSUMERS TO GO TO COURT.
15:12:23 THERE IS AUTHORITY FOR CONSUMERS TO GO TO COURT IF A RULE-MAKING
15:12:27 DECISION IS MADE THAT WE DON'T THINK IS PROPER.
15:12:29 WE HAVE GONE TO COURT AT PUBLIC CITIZEN ON MANY, MANY OCCASIONS
15:12:33 AND HELPED TO MAKE THE STATUTE WORK BETTER BECAUSE OF THE CASES
15:12:37 THAT WE HAVE BROUGHT. WE HAVE BROUGHT THEM ON UNIFORM
15:12:40 TIRE QUALITY GRADING, ON THE TIRE MONITORING SYSTEM FOR THE
15:12:46 AMOUNT OF INFLATION IN THE TIRE, ON THE EARLY WARNING SYSTEM
15:12:51 WHICH WAS KEPT SECRET -- TOTALLY SECRET.
15:12:53 WE AT LEAST GOT PART OF IT REVEALED IN TWO DIFFERENT
15:12:56 LAWSUITS. SO WE CAN SUE WHEN THERE IS A
15:12:59 RULE-MAKING ISSUE. WE CANNOT SUE WHEN A DEFECT IS
15:13:02 CLOSED AND I THINK IT CHANGES THE BALANCE OF THINKING BY THE
15:13:06 ADMINISTRATOR. THERE IS NO FEAR THAT IF THEY
15:13:08 CLOSE A CASE THAT IT IS FINISHED.
15:13:10 WHAT THE COURT THERE SAID IN THE COURT OF APPEALS IN THE MID '80s
15:13:16 WAS THAT THE AGENCY HAD THE DISCRETION TO FIGURE IT OUT
15:13:20 ACCORDING TO RESOURCES. IN EVERY CASE NHTSA CLOSES, IT
15:13:23 SAYS IT CLOSES IT BASED ON THE RESOURCES.
15:13:27 THEY ARE MIMICKING THE WORDS OF THE COURT DECISION.
15:13:30 THE FACT THAT S WE SHOULD HAVE THE AUTHORITY BECAUSE WE ARE NOT
15:13:32 GOING TO BRING CASES WE DON'T THINK WE CAN WIN.
15:13:36 THAT'S A WASTE OF ENERGY. I THINK THERE OUGHT TO BE A
15:13:38 BALANCE OF POWER. IF THE AGENCY FINDS A DEFECT THE
15:13:41 COMPANY GETS A CHANCE TO GET ITS WORDS AND SAY WHAT IT THINKS.
15:13:45 IF WE BRING A CASE THEY CAN INTERVENE.
15:13:49 SECONDLY, THE AGENCY HAS BEEN ENGAGED IN EXCESSIVE SECRECY.
15:13:52 THE EARLY WARNING SYSTEM WHICH MR. MARKEY TALKED ABOUT IS AN
15:13:59 EXAMPLE. WE HAD TO SUE TO MAKE IT
15:14:03 AVAILABLE. WE DON'T KNOW HOW MANY TIMES
15:14:07 TOYOTA FILED A REPORT TO THE AGENCY, WHAT IT SAID AND HOW
15:14:09 MANY CONSUMER COMPLAINTS IT HAD AND HOW MANY FIELD REPORTS IT
15:14:13 HAD. THAT IS ALL SECRET.
15:14:17 IF THAT WERE MORE OPEN THE PUBLIC WOULD HAVE ACCESS AND
15:14:20 COULD LET THE AGENCY KNOW WHEN THEY HAD A PROBLEM.
15:14:23 BUT THE WEB PAGE, IN ADDITION, IS A MESS.
15:14:27 IF YOU WENT THERE TO TRY TO FIGURE OUT IF THERE WERE EARLY
15:14:31 WARNING REPORTS ON A VEHICLE YOU'RE DRIVING THAT'S NOT
15:14:33 WORKING RIGHT YOU WOULDN'T BE ABLE TO FIGURE IT OUT.
15:14:36 I WOULDN'T. THE THIRD POINT IS THAT I THINK
15:14:40 THE PENALTIES ARE INSUFFICIENT. FIRST THEY SHOULD HAVE A
15:14:44 CRIMINAL AUTHORITY FOR KNOWING AND WILLFUL VIOLATION OF THE ACT
15:14:48 WHICH IS YOU PUT IN THE CPSE LAW.
15:14:51 IT'S IN THE FDA LAW AND MANY SISTER AGENCY LAWS.
15:14:55 I THINK THE SAME SHOULD BE AVAILABLE FOR IT IN SACHLT IN
15:14:57 ADDITION THE PENALTY -- NHTSA AND THE CIVIL PENALTY IS $16.2
15:15:02 MILLION WHICH IS A FLY SPECK FOR COMPANIES LIKE TOYOTA.
15:15:05 THEY SPEND THAT IN HALF A DAY ON THEIR COMMUNICATIONS ACTIVITIES.
15:15:10 WE THINK IT OUGHT TO BE $100 MILLION BECAUSE THAT'S SOMETHING
15:15:15 THEY WOULD PAY ATTENTION TO. FOURTH, THE AGENCY IS
15:15:18 DRASTICALLY UNDERFUNDED. THE TOTAL BUDGET FOR THE MOTOR
15:15:21 VEHICLE PROGRAM FOR THE WHOLE UNITED STATES IS $132 MILLION IN
15:15:25 THIS AGENCY. THAT'S IT.
15:15:28 IT'S NOT MUCH ABOVE WHAT IT WAS THERE WHEN I WAS THERE IN TERMS
15:15:34 OF DOLLARS AND IN TERMS OF INFLATION IT'S DRASTICALLY CUT.
15:15:37 THE 66 NEW FTEs BEING DISCUSSED, IT'S ONLY 33 FULL-TIME ONES.
15:15:44 SO THAT'S REALLY NOT 66. AND THEY HAVE ALLOCATED THEM.
15:15:48 23 FOR OPERATIONS AND RESEARCH. EIGHT FOR RULE MAKING AND FOUR
15:15:52 FOR ENFORCEMENT. THAT'S THE TENTATIVE ALLOCATION.
15:15:55 THEY MAY BE RECONSIDERING THAT, BUT THAT'S WHAT WAS IN THE
15:16:02 BUDGET. SO THE AGENCY CANNOT HANDLE THE
15:16:10 PROGRAMS. BECAUSE OF LACK OF CAPACITY.
15:16:12 INFORMATION GATHERING AND THE DATA SYSTEMS ARE INSUFFICIENT.
15:16:17 THEY SHOULD HAVE BEEN FUNDED AT FOUR, FIVE TIMES WHAT THEY ARE
15:16:20 NOW GIVEN THE DESIGN OF THE SYSTEMS BACK WHEN THEY WERE
15:16:23 CREATED IN THE '70s. I THINK THAT A KEY ISSUE THAT'S
15:16:26 COME UP AT THE HEARING TO SOME EXTENT IS THE BLACK BOX.
15:16:29 IT'S A VOLUNTARY STANDARD. THEY DON'T WORK AS EVIDENCED BY
15:16:34 THE FACT THAT TOYOTA'S SYSTEM IS NOT BEING MADE AVAILABLE AND THE
15:16:40 DEADLINE FOR COMPLIANCE WAS SUPPOSED TO BE 2010.
15:16:43 IT WAS EXTENDED TO 2012, SO IT'S A FIVE-YEAR LEAD-IN FOR A
15:16:49 VOLUNTARY STANDARD WHICH IS RIDICULOUS.
15:16:51 WE THINK THE BLACK BOX OUGHT TO BE MANDATORY AND THE DATA, HAVE
15:16:55 A STANDARDIZED DOWNLOADING FOR DATA SO THE POLICE DON'T HAVE
15:16:59 SEVEN DIFFERENT COMPUTERS DEPENDINGING WHETHER IT'S
15:17:01 GENERAL MOTORS, TOYOTA, NISSAN OR MERCEDES.
15:17:04 THEY OUGHT TO HAVE ONE STANDARDIZED DOWNLOADING SYSTEM.
15:17:08 I THINK THAT A WAY THAT THE AGENCY COULD BE DRASTICALLY
15:17:12 ENHANCED AND IT'S EXCITING, WOULD BE TO HAVE THE BLACK BOX
15:17:16 DATA WHEN IT IS DOWNLOADED WHEN A SERIOUS CRASH OCCURS --
15:17:21 TOWAWAY OR AIR BAG CRASH TO HAVE THE INFORMATION GO TO NHTSA SO
15:17:25 IT CAN BE THE BASIS FOR EVALUATION OF DEFECTS AND SAFETY
15:17:30 STANDARDS AND THE DATA WOULD BE VOLUMINOUS AND FABULOUS AND FAR
15:17:35 MORE THAN THEY HAVE TODAY. IT WOULD BE MUCH LESS EXPENSIVE.
15:17:38 SO I HOPE THAT THE COMMITTEE WILL CONSIDER THAT ISSUE AS
15:17:44 WELL. THE NEW SAFETY STANDARDS SHOULD
15:17:46 COME OUT OF SOME OF THE WORK THAT GOES ON IN THE DEFECTS
15:17:49 AREA. FOR EXAMPLE, FOR YEARS NHTSA'S
15:17:52 TESTED CARS AND SEAT BACKS FAILED WHEN THEY WERE HIT AT 30
15:17:56 MILES PER HOUR. BUT THERE HAS NEVER BEEN A
15:17:58 STANDARD ISSUED TO UPGRADE THE SEATBACK.
15:18:02 IF THAT FAILS YOU CAN'T CONTROL THE CAR AND MANY PEOPLE BECOME
15:18:07 QUADRIPLEGIC AND PARAPLEGIC AS A RESULT.
15:18:11 I THINK THE BRAKE OVERRIDE STANDARD AND A NEW ACCELERATOR
15:18:17 STANDARD ISSUED IN 1973 AND IS NOT EVEN ELECTRONIC, SO IT'S
15:18:22 COMPLETELY IRRELEVANT TO THE CURRENT MODELS, SHOULD BE DONE.
15:18:28 FINALLY, I BELIEVE CONFLICT OF INTEREST RULES NEED TO BE
15:18:31 STRENGTHENED. AS WE MENTIONED AND I WOULD
15:18:34 MENTION THAT NHTSA HAS A TEST FACILITY IN OHIO OWNED BY HONDA
15:18:40 MOTOR COMPANY. THIS WAS CREATED IN THE 70s
15:18:43 OWNED BY THE STATE OF HO HOCHLT HONDA BOUGHT IT AND THEY SHOULD
15:18:47 CHANGE THEIR FACILITY. THERE ARE OPPORTUNITIES FOR
15:18:49 DOING THAT. THANK YOU VERY MUCH.
15:18:51 I HAVE SEVERAL SUBMISSIONS FOR THE RECORD.
15:18:53 I'M SORRY THAT I SLIGHTLY OVERWENT MY TIME.
15:18:59 >> THE CHAIR WILL ACCEPT THE MATERIAL AND YOUR FULL STATEMENT
15:19:07 INTO THE RECORD. >> THANK YOU, SIR.
15:19:12 >> MS. GADHIA, YOU ARE RECOGNIZED FOR FIVE MINUTES.
15:19:15 >> THANK YOU. CHAIRMAN RUSH, RANKING MEMBER
15:19:18 WHITFIELD AND MEMBERS OF THE SUBCOMMITTEE, THANK YOU FOR THE
15:19:21 OPPORTUNITY TO TESTIFY ON THE ROAD AHEAD FOR NHTSA.
15:19:26 I AM THE POLICY COUNSEL WITH THE NONPROFIT PUBLISHER OF CONSUMER
15:19:31 REPORTS. THE RECENT TOYOTA RECALLS
15:19:34 INVOLVING SUDDEN ACCELERATION FOCUSED ATTENTION ON SAFETY
15:19:38 PROBLEMS. IT IS BELIEVED THAT ADDRESSING
15:19:39 THIS CHALLENGE DEMANDS A COORDINATED EFFORT BY THE
15:19:42 GOVERNMENT, AUTOMAKERS, THE PUBLIC AND INDEPENDENT CONSUMER
15:19:46 GROUPS SUCH AS OUR OWN. WE RECOMMEND THE FOLLOWING
15:19:49 GOVERNMENT ACTIONS TO IMPROVE THE AUTO SAFETY NET.
15:19:52 CONSUMERS UNION BELIEVES GOVERNMENT REGULATORS COULD HAVE
15:19:55 MOVED AGGRESSIVELY TO PROTECT CONSUMER SAFETY.
15:20:00 NEWS REPORTS AND OUR ANALYSIS OF DOCUMENTS FROM THE INVESTIGATION
15:20:02 POINT TO A PATTERN OF MISSED OPPORTUNITIES.
15:20:06 NHTSA AND TOYOTA WERE AWARE OF UNINTENDED ACCELERATION
15:20:09 COMPLAINTS AS EARLY AS 2003 WHEN THE AGENCY RECEIVED A PETITION
15:20:14 TO INVESTIGATE THE PROBLEM. WE ARE PLEASED THAT NHTSA IS
15:20:17 LOOKING INTO POTENTIAL ELECTRONICS ISSUES BEHIND THE
15:20:20 EVENTS INVOLVING TOYOTAS AN WE AWAIT THE AGENCY'S FINDINGS.
15:20:25 HOWEVER, WE BELIEVE THAT NHTSA CAN TAKE ACTION NOW TO IMPROVE
15:20:30 SAFETY. WE WOULD LIKE TO SEE IMPROVED
15:20:33 ACCESS TO INFORMATION. THE OFFICE OF DEFECTS
15:20:37 INVESTIGATIONS COLLECTS DATA ABOUT AUTOS FROM THE PUBLIC AND
15:20:40 MANUFACTURERS IN TWO SEPARATE DATABASES.
15:20:42 THE CONSUMERER COMPLAINTS DATABASE AND THE AGENCY'S EARLY
15:20:45 WARNING REPORTING SYSTEM. BOTH HAVE LIMITATIONS AND THE
15:20:49 DATA THEY PROVIDE AREN'T INTEGRATED MAKING IT DIFFICULT
15:20:53 TO SPOT YISHS AND FOR CONSUMERS TO FIND INFORMATION.
15:20:58 CONSUMERS SHOULDN'T HAVE TO VISIT DIFFERENT SITES TO SEE THE
15:21:01 INFORMATION OR BE FORCED TO SEARCH IT USING TOOLS THAT ARE
15:21:04 LESS THAN USER FRIENDLY. ALL COMPLAINT INFORMATION SHOULD
15:21:07 BE VISIBLE VIA A SINGLE EASE STAIRWAY USE CONSUMER FACING
15:21:11 SITE. NHTSA SHOULD HAVE A PROGRAM TO
15:21:14 RAISE PUBLIC AWARENESS AND INVITE DRIVERS TO PARTICIPATE IN
15:21:18 DATA GATHERING. THE MORE COMPLAINTS THERE ARE TO
15:21:21 ANALYZE THE GREATER CHANCE PROBLEMS SUCH AS UNINTENDED
15:21:25 ACCELERATION WILL BE IDENTIFIED AS AN EARLY STAGE.
15:21:29 SECOND, NHTSA SHOULD PROMULGATE TO AVOID SUDDEN ACCELERATION IN
15:21:36 AUTOMOBILES. THEY SHOULD REQUIRE THAT CAR BS
15:21:37 ABLE TO STOP WITH A SUSTAINED PRESS ON THE BRAKE PEDAL, OF
15:21:41 EVEN WHEN THE THROTTLE IS FULLY OPEN.
15:21:43 ONE METHOD TO REDUCE STOPPING DISTANCES IS SMART THROTTLE
15:21:49 TECHNOLOGY THAT ALLOWS THE BRAKES TO OVERRIDE THE THROTTLE.
15:21:52 OTHER METHODS MAY BECOME AVAILABLE.
15:21:54 TO US, THE MOST IMPORTANT SAFETY FEATURE IS TO ENSURE A VEHICLE
15:21:57 CAN STOP WITHIN A REASONABLE AND SAFE DISTANCE.
15:22:02 NHTSA SHOULD REQUIRE SIMPLE STANDARD CONTROLS TO TURN OFF
15:22:04 THE ENGINE IN EMERGENCY. IN MANY CURRENT TOYOTA VEHICLE
15:22:07 WHEN THE CAR IS MOVING IT REQUIRES A SUSTAINED
15:22:11 THREE-SECOND PUSH OF THE BUTTON TO TURN OFF THE ENGINE.
15:22:13 THAT IS A SAFETY PRECAUTION TO PRODUCE ACCIDENTAL ENGINE
15:22:18 SHUT-OFF IT IS AN ACTION MANY DRIVERS MAY NOT BE ABLE TO DO IN
15:22:21 A PANICKED SITUATION. IGNITION CONTROLS SHOULD BE EASY
15:22:25 TO OPERATE, ESPECIALLY IN AN EMERGENCY.
15:22:28 NHTSA SHOULD HAVE CLEARLY LABELED TRANSMISSION SHIFTERS IN
15:22:30 ALL CARS F. THE CAR IS ACCELERATING OUT OF CONTROL,
15:22:34 HITTING THE BRAKES AND SHIFTING INTO NEUTRAL IS THE BEST
15:22:37 STRATEGY, BUT YOU WANT KNOW WHERE NEUTRAL IS WHEN YOU'RE
15:22:42 PANICKING. THERE SHOULD BE CONSISTENCY FOR
15:22:44 SHIFTERS ACROSS ALL VEHICLES. NHTSA SHOULD REQUIRE A MINIMUM
15:22:48 DISTANCE BETWEEN THE GAS PEDAL AND THE FLOOR MAT.
15:22:53 FLOOR MATS THAT ENTRAP PEDALS HAVE BEEN FOUND IN PROBLEMS
15:22:58 LATELY. PEOPLE OFTEN USE THICK MATS OR
15:23:01 STACK MATS. NHTSA SHOULD ENSURE THERE IS
15:23:04 CLEARANCE BETWEEN THE PEDAL AND THE MAP.
15:23:06 THE CAP ON OF CIVIL PENALTIES SHOULD BE LIFTED TO ACT AS A
15:23:10 DETERRENT AND THAT NHTSA COULD RECALL THE COMPLIANCE PROCESS.
15:23:13 THE AVERAGE CONSUMER SPRONS RATE TO VEHICLES IS 74.1%.
15:23:18 CURRENTLY, MANUFACTURERS NOTIFY DEALERS ABOUT RECALLS AND THE
15:23:22 DEALERS, IN TURN, NOTIFY CAR MANUFACTURERS ONCE THE CARS ARE
15:23:26 REPAIRED IN RESPONSE TO A SAFETY RECALL.
15:23:29 CONSUMERS UNION SUGGESTS THAT GOING FORWARD CAR MANUFACTURERS
15:23:32 SUBMIT SUCH DATA TO NHTSA. THIS INFORMATION WHICH
15:23:37 MANUFACTURERS ALREADY HAVE SHOULD INCLUDE INDIVIDUAL
15:23:40 VEHICLE IDENTIFICATION NUMBERS OF CARS THAT ARE SUBJECT TO AER
15:23:43 PARTICULAR RECALL AS WELL AS WHEN THE RECALL REPAIRS WERE
15:23:46 PERFORMED ON THE VEHICLES. NHTSA COULD THEN MATCH UP
15:23:53 RECALLS WITH THE VIN IN A CONSUMER-FRIENDLY DATABASE.
15:23:59 WE WOULD ENCOURAGE SAFETY RECALL COMPLIANCE WITH THE ABILITY TO
15:24:03 RECEIVE A REGISTRATION SIMILAR TO THE WAY CONSUMERS MUST SHOW
15:24:08 PROOF OF INSURANCE NOW. THIS WOULD HELP PEOPLE WHO
15:24:11 PURCHASE USED CARS TO KNOW IF REPAIRS HAVE BEEN MADE.
15:24:15 WE RECOMMEND THAT CONGRESS TAKE A LOOK AT THE REPORTS OF A
15:24:18 REVOLVING DOOR AT NHTSA AND WHETHER IT MAY HAVE IMPACTED
15:24:21 SAFETY DECISIONS. WE ARE PLEASED TO HEAR THE
15:24:25 ADMINISTRATOR'S COMMENT THAT THE ADMINISTRATION WILL BE
15:24:27 LOOKING -- EXCUSE ME, THAT NHTSA WILL BEING INTO THIS ISSUE.
15:24:32 WE URGE CONGRESS TO ADEQUATELY FUND NHTSA.
15:24:36 IN 2007, MOTOR VEHICLE CRASHES ACCOUNTED FOR 99% OF ALL
15:24:40 TRANSPORTATION-RELATED INJURIES AND FATALITIES, YET NHTSA'S
15:24:44 BUDGET CURRENTLY AMOUNTS TO JUST OVER 1% OF THE OVERALL DOT
15:24:48 BUDGET. THE BUDGET AND STAFFING FOR AUTO
15:24:51 SAFETY AND CONSUMER PROTECTION FUNCTIONS SHOULD BE COMMENSURATE
15:24:55 WITH THE REALITIES OF TRAFFIC SAFETY.
15:24:57 CONSUMERS UNION THANKS THE COMMITTEE FOR THE OPPORTUNITY TO
15:24:59 PRESENT RECOMMENDATIONS AS YOU MOVE FORWARD.
15:25:06 THE CHAIR THANKS THE WITNESS AND NOW RECOGNIZES MR. McCURDY FOR
15:25:13 FIVE MINUTES FOR THE PURPOSES OF AN OPENING STATEMENT.
15:25:23 >> THANK YOU, MR. CHAIRMAN, FOR THE OPPORTUNITY TO APPEAR AND
15:25:26 SPEAK ON BEHALF OF THE INDUSTRY AS A WHOLE.
15:25:32 I MUST ADMIT AS YOU MADE YOUR INTRODUCTION THERE WAS SOME
15:25:37 CHAGRIN ON A PERSONAL PART WHEN I LOOKED AT THE MEMBERSHIP OF
15:25:43 THIS SUBCOMMITTEE IN THAT I SERVED WITH THE FATHERS OF THREE
15:25:46 OF THE MEMBERS. SO IT IS A HOME COMING OF SORTS.
15:25:52 I HADN'T THOUGHT I WAS GONE THAT LONG.
15:25:54 IT'S GOOD TO BE BACK WITH YOU. AS YOU AND YOUR COLLEAGUES
15:26:00 CONSIDER THE ROAD AHEAD FOR NATIONAL HIGHWAY TRAFFIC SAFETY
15:26:04 ADMINISTRATION IT IS IMPORTANT TO REMEMBER THREE KEY POINTS.
15:26:07 THE ADMINISTRATOR WHO WE ARE ALL DELIGHTED THAT DAVID STRICKLAND
15:26:13 IS NOW THE ADMINISTRATOR OF NHTSA, AS HE POINTED OUT AND THE
15:26:19 DEPARTMENT OF TRANSPORTATION HIGHLIGHTED TODAY AND I HAVE A
15:26:22 CHART THAT'S DISPLAYED HERE, THAT MOTOR VEHICLE CRASH
15:26:26 FATALITIES AND INJURIES ARE AT HISTORIC LOWS.
15:26:30 IT'S VERY IMPORTANT PART. THAT'S THE MISSION OF THE
15:26:34 ORGANIZATION. SECONDLY, AUTOS HAVE NEVER BEEN
15:26:38 SAFER. AND THEY ARE STILL GETTING SAFER
15:26:39 EVERY DAY BECAUSE OF INNOVATIVE SAFETY TECHNOLOGIES INCLUDING
15:26:44 ADVANCED ELECTRONICS. THIRD, WE NEED TO BE CAREFUL NOT
15:26:47 TO INHIBIT THE INNOVATION OR THE SPEEDY IDENTIFICATION AND REMEDY
15:26:53 OF DEFECTS. ON THE FIRST POINT, AS THE CHART
15:26:59 INDICATES, SOMETIMES WHEN YOU SEE A CHART LIKE THAT IT'S
15:27:03 CONFUSING FOR FOLKS, BUT TO PUT IT IN PERSPECTIVE THIS
15:27:10 DECLINE -- THIS FIGURE REPORTS AS A FATALITY PER 100 MILLION
15:27:17 VEHICLE MILES TRAVELED. SO THERE ARE 1.16 FATALITIES PER
15:27:25 100 MILLION MILES TRAVELED. THAT'S DOWN FROM IN EXCESS OF
15:27:33 TWO. PUT IT IN TERMS OF HUMAN LIVES
15:27:35 AND, AGAIN, WE ALL KNOW THAT THIS IS FAR TOO MANY.
15:27:39 THAT'S A SIGNIFICANT REDUCTION FROM JOAN CLAYBROOK WOULD
15:27:45 INDICATE TO BACK IN THE '70s WHEN IT WAS AT A HIGH OF 51,000.
15:27:50 NOW THAT'S A DECREASE OF 17,000. SO I THINK THIS IS A VERY
15:27:55 IMPORTANT POINT THAT THERE IS A SIGNIFICANT AND STEADY
15:27:58 REDUCTION. DESPITE INCREASED OWNERSHIP AND
15:28:00 INCREASED VEHICLE MILES TRAVELS. SO I THINK THIS IS A GOAL THAT
15:28:04 WE SHARE AND WE WANT TO CONTINUE TO WORK TO SUPPORT.
15:28:10 AS FAR AS THE SAFETY OF VEHICLES, BY EVERY SINGLE
15:28:16 MEASURE, THESE VEHICLES ARE DRAMATICALLY SAFER THAN YEARS
15:28:21 AGO. IN THE LAST 15 YEARS, WE HAVE
15:28:23 SEEN A REVOLUTIONARY EXPANSION OF ADVANCED VEHICLE SAFETY
15:28:28 TECHNOLOGIES, INCLUDING INCREASED NUMBER OF ELECTRONICS
15:28:31 COMPONENTS AND FEATURES. MR. BRALEY MENTIONED BEING ABLE
15:28:35 TO TAKE APART AN ENGINE IN THE BASEMENT.
15:28:38 IT IS, INDEED, IMPOSSIBLE TO DO THAT TODAY.
15:28:41 BUT A LOT OF THE TECHNOLOGIES THAT WE SEE TO MEET FUEL ECONOMY
15:28:49 REQUIREMENTS, TO MEET EMISSION CONTROLS, TO PROVIDE SAFETY ARE
15:28:53 BECAUSE OF THESE ADVANCED ELECTRONICS.
15:28:56 ALSO, MS. CLAYBROOK SAID VOLUNTARY STANDARDS DON'T WORK.
15:29:01 BUT, IN FACT, MANY OF THE INCREDIBLE SAFETY INNOVATIONS
15:29:05 WERE VOLUNTARY AND WERE BROUGHT ABOUT BEFORE THE AGENCY EVER
15:29:09 CONSIDERED REGULATING IT. ELECTRONIC STABILITY CONTROL.
15:29:14 IT SAVES ANYWHERE FROM 5,000 TO 9,000 LIVES ANNUALLY.
15:29:20 LANE DEPARTURE WARNING. OVER 2700 LIVES.
15:29:25 SAFETY BELT REMINDERS AND INTERLOCK, AGAIN, SIGNIFICANT.
15:29:28 SIDE AIR BAGS, FORWARD COLLISION WARNING, EMERGENCY BRAKE ASSIST,
15:29:34 ADAPTIVE HEADLIGHTS, BLIND SPOT INFORMATION SYSTEM.
15:29:38 ALL OF THESE ARE INNOVATIONS THAT THE INDUSTRY INTRODUCED
15:29:42 AHEAD OF REGULATION. IT'S REALLY IMPORTANT TO
15:29:49 RECOGNIZE THAT ELECTRONICS SYSTEMS ARE OFTEN FAR MORE
15:29:55 RELIABLE OVER TIME THAN MECHANICAL SYSTEMS.
15:29:57 I USED TO REPRESENT THE ELECTRONICS INDUSTRY AND THE
15:29:59 ADVANCEMENTS IN SOLID STATE TECHNOLOGY PROVIDES INCREASED
15:30:04 PERFORMANCE. IT ENABLES VEHICLES TO NOT ONLY
15:30:07 SENSE, DIAGNOSE AND ALSO TO HAVE FAILSAFE MODES THAT ARE NOT
15:30:12 POSSIBLE WITH TRADITIONAL HISTORIC MECHANICAL SYSTEMS.
15:30:15 SO THIS IS A VERY SIGNIFICANT TECHNOLOGY WHICH IS HELPING US
15:30:20 TO MEET OUR GOALS OF SUSTAINABLE MOBILITY.
15:30:25 THIRD, AS I INDICATED, I THINK WE HAVE TO BE CAREFUL NOT TO
15:30:29 INHIBIT THE CYCLE OF INNOVATION. THIS GETS INTO THE MARKETPLACE
15:30:36 TECHNOLOGIES FOR CONSUMERS. AND SO WE NEED TO MAINTAIN A
15:30:40 POSITIVE FRAMEWORK THAT EMBRACES TECHNOLOGY-BASED SOLUTIONS AHEAD
15:30:43 OF REGULATION. I DON'T THINK THE PUBLIC WOULD
15:30:46 BE WELL-SERVED IF AUTOMAKERS WERE FORCED TO WAIT FOR THE
15:30:50 GOVERNMENT TO CATCH UP WITH INDUSTRY'S INNOVATION.
15:30:53 IT'S ALSO IMPORTANT. WE HAVE TALKED A LOT ABOUT
15:30:56 RECALLS BUT THE VAST MAJORITY OF RECALLS ARE VOLUNTARY.
15:31:00 I HAVE A CHART HERE TALKING ABOUT DETECTING AND CORRECTING
15:31:03 DEFECTS SOONER. IN FACT THE NUMBER OF RECAM
15:31:12 CALLS ARE UP. THAT'S A GOOD POINT BECAUSE THE
15:31:14 NUMBER OF VEHICLES AFFECTED ARE COMING DOWN.
15:31:17 SO AUTOMAKERS ARE USING THE RECALL SYSTEM BASED ON DATA IT
15:31:22 RECEIVES NOT ONLY FROM THE CONSUMER DIRECTLY BUT FROM THE
15:31:25 AGENCIES TO INITIATE ACTIONS TO IDENTIFY DEFECTS AND GET THE
15:31:30 VEHICLES BACK INTO THE MARKETPLACE.
15:31:33 AND JUST IN CLOSING, I WANT TO MAKE A COUPLE POINTS ABOUT SOME
15:31:40 SUGGESTIONS FOR THE COMMITTEE. I KNOW HOW THIS CHAIRMAN WORKS
15:31:45 AND THIS COMMITTEE WORKS AND YOU WANT TO BUILD A CONSENSUS ON A
15:31:49 BIPARTISAN BASIS TO ADDRESS SIGNIFICANT CONCERNS, WE WOULD
15:31:54 RESPECTFULLY SUBMIT THAT CONGRESS NEEDS TO ENSURE THAT
15:32:00 NHTSA HAS THE RESOURCES TO DO ITS JOB.
15:32:03 WE WOULD SUPPORT THIS COMMITTEE IN ITS EFFORTS.
15:32:05 WE HAVE LONG ADVOCATED RESOURCES TO FUND THE NATIONAL AUTOMOBILE
15:32:09 SAMPLING SYSTEM, WHICH WE BELIEVE IS UNDERFUNDED.
15:32:13 >> WE SUPPORT A NUMBER OF OTHER LEGISLATIVE ELEMENTS WE HOPE
15:32:17 WOULD BE INCLUDED IN THE REAUTHORIZATION SUCH AS STATE
15:32:23 INDUCEMENTS. IN OTHER WORDS, WORKING TO
15:32:24 ENCOURAGE STATES TO ADOPT SAFETY BELT LAWS.
15:32:28 I KNOW CHAIRMAN OVERSTARR IS LOOKING AT THIS IN HIS
15:32:33 REAUTHORIZATION. OUR INDUSTRY SPENT HUNDREDS OF
15:32:34 MILLIONS OF DOLLARS IN CAMPAIGNS TO TRY TO PASS PRIMARY SEAT BELT
15:32:41 ENFORCEMENT LAWS ACROSS THE COUNTRY.
15:32:43 WE HAVE MADE REAL PROGRESS. WE HAD THREE STATES THIS YEAR
15:32:46 ALONE. WE ALSO BELIEVE THERE SHOULD BE
15:32:48 A FIRST OFFENSE WITH AN IGNITION INTERLOCK REQUIREMENTS FOR
15:32:53 IMPAIRED DRIVING, DRUNK DRIVING. THE STATISTICS THAT IT IS NOT
15:32:58 REPORTED THERE, THE 33,000 DEATHS, UNFORTUNATELY 30% OF
15:33:03 THOSE ARE MORE ARE THE RESULT OF LESS THAN 1% -- ONE HALF OF 1%
15:33:08 OF THE DRIVERS IN THOSE THAT ARE IMPAIRED DRUNK DRIVING.
15:33:11 WE HAVE TO GET THOSE PEOPLE OFF THE ROAD.
15:33:16 LASTLY THE GRADUATED LICENSES FOR TEENS, WE SUPPORT THAT.
15:33:24 THEN THERE ARE OTHER THINGS THAT WILL WORK TO FUND HIGHER
15:33:29 VISIBILITY AND ENFORCEMENT SUCH AS CLICK IT OR TICKET AND OTHER
15:33:32 LIMIT UNDER ARREST OR OVER THE LIMIT UNDER ARREST PROVISIONS.
15:33:37 AGAIN, THERE IS AN OPPORTUNITY TO SUPPORT A DRIVER ALCOHOL
15:33:42 INTERLOCK DEVICE RESEARCH PROGRAM CALLED THE ROADS SAFE
15:33:46 ACT WHICH PUTS MONEY TO TRY TO DEVELOP RESEARCH TO PREVENT
15:33:51 DRUNK DRIVERS GETTING ACCESS TO VEHICLES OR STARTING VEHICLES.
15:33:55 SO WE APPRECIATE YOUR WORK. I UNDERSTAND HOW CHALLENGING IT
15:33:59 IS. WE LOOK FORWARD TO WORKING WITH
15:34:01 YOU TO HELP DEVELOP THE COMMON SENSE SOLUTIONS TO SOME OF THESE
15:34:07 CHALLENGES. >> THE CHAIR THANKS ALL OF THE
15:34:12 WITNESSES. THE CHAIR THANKS MR. McCU ARE
15:34:14 RDY FOR YOUR STATEMENT. THE CHAIR RECOGNIZES HIMSELF FOR
15:34:19 FIVE MINUTES FOR QUESTIONING. MR. McCURDY, THERE'S BEEN A LOT
15:34:26 OF TESTIMONY IN THIS HEARING AND IN PAST HEARINGS.
15:34:30 SOME OF IT IS CENTERED ON THE BLACK BOX AS A TECHNOLOGICAL
15:34:42 SOLUTION OR RECORDING DEVICE THAT WOULD HELP IN GATHERING
15:34:48 DATA AND DETERMINING THE CAUSES FOR ACCIDENTS.
15:34:54 ONE IS THE INDUSTRY'S RESPONSE TO THIS PHENOMENON.
15:35:02 >> WE BELIEVE THE INFORMATION FROM EVENT DATA RECORDERS IS
15:35:05 IMPORTANT FOR NHTSA TO DO ITS JOB.
15:35:07 THEY DO HAVE A RULE THAT HAS STANDARDIZED OR RECOMMENDED
15:35:12 STANDARDS FOR THE TYPE OF DATA THAT WOULD BE REQUIRED.
15:35:16 I THINK THE INDUSTRY IS MOVING RAPIDLY TOWARDS DEPLOYMENT OF
15:35:21 THAT SYSTEM. OVER 60% OF ALL VEHICLES
15:35:25 TODAY -- MODERN VEHICLES -- HAVE THAT CAPABILITY.
15:35:29 THE ONLY CAUTION I WOULD GIVE -- AND, AGAIN, HAVING COME FROM THE
15:35:35 INTELLIGENCE OR DEFENSE WORLD WHEN WE TALK ABOUT BLACK BOXES
15:35:38 OR THE WORLD OF AEROSPACE WHERE SOME PEOPLE THINK IN AN AIRCRAFT
15:35:43 THERE IS A BLACK BOX RECOVERED AFTER AN ACCIDENT, ACTUALLY THE
15:35:47 DATA SYSTEMS ARE EMBEDDED THROUGHOUT THE VEHICLES.
15:35:49 SO IT IS NOT JUST ONE SOLITARY DEVICE.
15:35:53 BUT IT'S IMPORTANT THAT THERE ARE COMMERCIALLY AVAILABLE TOOLS
15:35:58 TO ACCESS THAT. SO I THINK THE AGENCY AND WE
15:36:05 LOOK FORWARD TO WORKING WITH THEM.
15:36:07 I THINK THIS IS SOMETHING THAT CAN BE ADDRESSED.
15:36:11 >> MS. CLAYBROOK, YOU INDICATED THAT NHTSA'S CURRENT BUDGET IS
15:36:22 INADEQUATE AND THAT THE PRESIDENT'S BUDGET FOR THIS
15:36:28 YEAR -- OR NEXT YEAR RATHER -- IS INADEQUATE.
15:36:36 WHAT DO YOU THINK AS A FORMERER ADMINISTRATOR IN TODAY'S
15:36:40 DOLLARS -- HOW MUCH DO YOU THINK NHTSA'S BUDGET SHOULD BE AND
15:36:43 WHAT DO YOU THINK SHOULD BE THE CATEGORIES THAT WE SHOULD LOOK
15:36:46 AT INCREASE BOTH PERSONNEL AND OTHER RESOURCES FOR NHTSA?
15:36:56 >> THANK YOU, MR. CHAIRMAN. I THINK THE BUDGET SHOULD BE
15:37:00 DOUBLED. IT IS $132 MILLION WHICH IS A
15:37:02 PITTANCE BY ANY MEASURE IN THE FEDERAL GOVERNMENT.
15:37:05 IT SHOULD PROBABLY BE DOUBLED THE YEAR AFTER THAT.
15:37:07 THIS AGENCY IS STARVING TO DEATH.
15:37:11 IT CAN'T DO THE RESEARCH IT SHOULD.
15:37:13 IT DOESN'T HAVE THE EXPERTISE THAT IT SHOULD.
15:37:15 IT DOESN'T HAVE THE ENFORCEMENT PERSONNEL THAT IT SHOULD.
15:37:22 ALL OF US WOULD SUFFER BECAUSE OF DEATHS ON THE HIGHWAY.
15:37:26 I THINK MR. STRICKLAND WILL BE A GOOD LEADER FOR THE AGENCY.
15:37:29 I'M LOOKING FORWARD TO SEEING HIS WORK.
15:37:31 I THINK HE NEEDS THE RESOURCES TO DO IT.
15:37:34 I HAVE ALREADY BEEN TALKING TO HIM AND THE SECRETARY A LITTLE
15:37:36 BIT ABOUT THIS. I THINK HIS ANSWER WAS VERY
15:37:40 APPROPRIATE THAT THEY WOULD USE VERY WISELY THE RESOURCES THE
15:37:45 CONGRESS WOULD GIVE THEM. HE DIDN'T SAY THEY DIDN'T WANT
15:37:48 THEM OR COULDN'T USE THEM. HE SAID THEY WOULD USE THEM
15:37:52 WISERY AND I THINK THAT'S AS FAR AS HE CAN GO.
15:37:54 I'M PLEASED TO SEE THAT HE SAID THAT.
15:38:03 >> YOU HAVE GIVEN US -- >> ONE OTHER THING, MR.
15:38:06 CHAIRMAN. ISSUES HAVE BEEN RAISED TODAY
15:38:11 ABOUT THE DEATH AND INJURY ON THE HIGHWAY WHICH IS MAGNIFICENT
15:38:14 BUT AFTER THE OIL CRISIS OF 1973 THERE WAS A REDUCTION OF 9,000
15:38:20 DEATHS A YEAR BECAUSE THE ECONOMY WAS IN THE SINK.
15:38:23 IF YOU LOOK AT THE DOCUMENTS PREPARED BY THE AGENCY ITSELF,
15:38:28 FOR EXAMPLE, HERE IS THE LIST THEY PUT OUT TODAY OF THE CRASH
15:38:32 STATS. YOU WILL SEE EVERY TIME THERE IS
15:38:33 A DOWNTURN IN THE ECONOMY THERE IS LESS DISCRETIONARY DRIVING
15:38:37 AND A DOWNTURN IN DEATH AND INJURY, BUT IT COMES BACK UP
15:38:41 AGAIN. SHOULD ANYONE SUGGEST THAT THIS
15:38:42 IS A PERMANENT FIX FOR THE AGENCY, IT'S NOT.
15:38:47 I THINK THAT YOU'RE STILL GOING TO NEED THE RESOURCES, NEW
15:38:51 SAFETY STANDARDS AND MANY OTHERS I DIDN'T MENTION WHICH I WILL
15:38:53 SUBMIT A LIST OF FORWARD OF THE SAFETY STANDARDS THAT THE AGENCY
15:38:58 IS WOEFULLY BEHIND IN ISSUING. >> MR. CHAIRMAN, CAN I INJECT A
15:39:04 POINT OF CLARIFICATION? I THINK THE ADMINISTRATOR SAID
15:39:07 THAT IT HAD DECREASED IN DECLINE FOR 15 AND A HALF STRAIGHT
15:39:12 QUARTERS. THAT'S MORE THAN THE CURRENT
15:39:14 RECESSION. SO I THINK THIS IS A LONG-TERM
15:39:17 TREND. IT'S BECAUSE OF THE REGULATORY
15:39:21 EFFORTS AND THE WORK OF THE INDUSTRY COOPERATIVELY WITH THE
15:39:25 AGENCY AND ALSO THE WORK OF CONGRESS.
15:39:27 >> WELL, I WOULDN'T SAY THAT THE ADMINISTRATOR, THE ONE WHO WENT
15:39:33 TO JAPAN, MR. MEDFORD, HE GAVE A PRESENTATION WHICH I WILL
15:39:37 SUBMITTER FOR THE RECORD IN WHICH HE SAID SAFETY
15:39:40 TECHNOLOGIES HAD BETWEEN 1960 AND 2000 SAVED 328,551 LIVES.
15:39:51 I AGREE THAT CARS ARE SAFER TODAY.
15:39:53 I'M DISAPPOINTED THAT THE INDUSTRY OFTEN OPPOSES THOSE
15:39:57 IMPROVEMENTS BUT THEY TAKE INITIATIVES WHICH HE MENTIONED
15:39:59 AND THE SAFETY FEATURES HAVE MADE A DIFFERENCE IN THE NUMBER
15:40:03 OF LIVES SAVED. THE NUMBER OF DEATHS ON THE
15:40:06 HIGHWAY TODAY WOULD BE FAR, FAR GREATER WERE NOT THIS AGENCY
15:40:09 DOING ITS WORK. BUT THERE IS MUCH MORE THAT CAN
15:40:12 BE DONE. WE WILL SEE MORE DEATHS AND
15:40:15 INJURIES. >> MY TIME HAS EXPIRED.
15:40:17 THE CHAIR RECOGNIZES MR. WHITFIELD FOR FIVE MINUTES.
15:40:20 >> THANK YOU. THIS HAS BEEN AN INTERESTING
15:40:24 HEARING. ANY TIME WE THINK WE TALK ABOUT
15:40:27 DEATH OF A HIGHWAY, AND ALL OF US HAVE KNOWN PEOPLE KILLED IN
15:40:32 CAR ACCIDENTS OR HAD LOVED ONES WHO HAVE BEEN DISFIGURED.
15:40:38 THERE IS NO WAY NOT TO BE EMOTIONAL ABOUT INDIVIDUAL
15:40:41 DEATHS ON THE HIGHWAY. FEELING A LITTLE BIT BETTER
15:40:48 ABOUT THINGS, UNDERSTANDING THAT THE TOYOTA ISSUE IS OUT THERE,
15:40:54 BUT WHEN YOU HAVE THIS KIND OF A REDUCTION IN THE DEATHS PER 100
15:41:03 MILLION MILES. 3.34 FATALITIES PER 100 MILLION
15:41:07 VEHICLE LINES DOWN TO LAST YEAR 1.16 PER 100 MILLION MILES AND
15:41:13 IT DOESN'T REALLY MAKE A DIFFERENCE WHAT THE ECONOMY IS
15:41:17 OR ISN'T. WE AREING ABOUT 100 MILLION
15:41:23 VEHICLE MILES. IT'S SOMETHING TO SEE THAT THE
15:41:27 FATALITY RATE IS COMING DOWN. NOW, WHEN WE THINK ABOUT THE
15:41:30 BUDGET OF NHTSA, I THINK THE BUDGET IS IN THE NEIGHBORHOOD OF
15:41:35 $900 MILLION, BUT A LOT OF IT GOES TO STATE GRANTS.
15:41:42 YOU ALL MAY BE MORE FAMILIAR WITH THE STATE GRANTS THAT BE I
15:41:46 AM. MS. CLAYBROOK IS RIGHT AS FAR AS
15:41:49 VEHICLE SAFETY. THERE'S ABOUT $132 MILLION A
15:41:53 YEAR FOR VEHICLE SAFETY. I REFERRED EARLIER, FOR EXAMPLE,
15:41:57 TO THIS CONGRESSIONALLY MANDATED STUDY IN 2005 ABOUT THE CAUSES
15:42:04 OF VEHICLE ACCIDENTS. AND IT SAID THAT 95% WERE DUE TO
15:42:10 THE DRIVER, PRIMARILY DRIVER MISTAKES, AND THAT 2%, BY THE
15:42:17 WAY, WERE RELATED TO VEHICLE OR EQUIPMENT DEFECT, BUT ABOUT 40
15:42:23 OR 50% OF THAT RELATED TO TIRES. SO I'M JUST WONDERING IF MAYBE
15:42:29 WE SHOULD LOOK AT THIS IN A DIFFERENT WAY AND TRY TO START
15:42:35 FOCUSING MORE MONEY ON EDUCATING DRIVERS, BETTER EDUCATIONAL
15:42:40 PROGRAMS FOR DRIVERS AND, YOU KNOW, EVERY STATE SETS THEIR OWN
15:42:45 LAWS FOR HOW OLD YOU HAVE TO BE AND WHAT KIND OF PROGRAM YOU
15:42:48 HAVE TO GO THROUGH TO DRIVE. SHOULD WE BECAUSE OF 95% OF ALL
15:42:58 ACCIDENTS ARE BECAUSE OF DRIVER NEGLECT OR WHATEVER, SHOULD WE
15:43:02 FOCUS ON MORE PROGRAMS TO MAKE DRIVERS BETTER PREPARED?
15:43:10 I WOULD ASK EACH ONE OF YOU THAT QUESTION AND SEE HOW YOU WOULD
15:43:13 RESPOND TO THAT. >> FIRST OF ALL, MR. WHITFIELD,
15:43:16 THANK YOU VERY MUCH FOR POINTING THIS OUT.
15:43:17 I APPRECIATE YOUR QUESTION. FIRST OF ALL, I'D LIKE TO SUBMIT
15:43:21 FOR THE RECORD THE PROBLEMS THAT WE SEE WITH THIS CAUSATION
15:43:27 STUDY. IT'S QUITE COMPLICATED AND I
15:43:28 DON'T WANT TO TAKE THE TIME TODAY, BUT THERE ARE A LOT OF
15:43:32 DEFICIENCIES IN IT. ASSUMING 95% OF THE CRASHES
15:43:35 OCCUR BECAUSE OF DRIVER ERROR -- >> IS YOUR SPEAKER ON?
15:43:39 >> I'M SORRY. IT IS ON.
15:43:41 I'M SORRY. EVEN ASSUMING THAT -- WHICH I
15:43:43 DON'T -- THAT 95% OF THE CRASHES OCCUR BECAUSE OF DRIVER ERROR,
15:43:47 WHAT YOU HAVE TO LOOK AT IS WHAT CAUSES THE DEATH AND INJURY.
15:43:52 DR. WILLIAM HADDEN, THE FIRST NHTSA ADMINISTRATOR, PUT
15:43:56 TOGETHER WHAT HE CALLED THE HADDEN MATRIX.
15:44:00 IT HAD PRECRASH, CRASH AND POST CRASH.
15:44:02 YOU'RE TALKING ABOUT THE PRECRASH ISSUE WHICH IS DRUNK
15:44:06 DRIVING, FALLING ASLEEP, BRAKES DON'T WORK.
15:44:09 WHATEVER IT MAY BE IN THE PRECRASH FIELD.
15:44:12 >> MS. CLAYBROOK, THERE'S ONLY ABOUT A MINUTE LEFT SO I'M GOING
15:44:15 TO SAY THAT YOU DISAGREE WITH WHAT I WAS SAYING, I'M ASSUMING?
15:44:19 >> WELL, NOT NECESSARILY. I WILL SUBMIT FOR THE RECORD
15:44:23 THAT INFORMATION, BUT YOU WANT TO PROTECT THE DRIVER AND
15:44:25 OCCUPANTS AND THE WAY YOU DO IT IS MAKING SURE THE CAR IS SAFE
15:44:29 REGARDLESS OF WHAT CAUSES THE CRASH AND ON DRIVER EDUCATION,
15:44:32 NHTSA HAS DONE LOTS OF WORK ON THIS AND SHOWN THAT DRIVER
15:44:35 EDUCATION DOESN'T DO MUCH IN TERMS OF THE LONG-TERM DRIVING
15:44:39 CAPABILITY OF MOST PEOPLE. >> WHAT ABOUT YOU --
15:44:41 >> I LIKE DRIVER EDUCATION. >> WHAT ABOUT YOU, MS. GADHIA?
15:44:45 DO YOU HAVE COMMENTS ON THAT? >> IN OUR TESTIMONY WE SUBMITTED
15:44:50 FOR THE RECORD WE TOOK A LOOK AT THE QUESTION THAT THE COMMITTEE
15:44:53 IS ASKING IN THE LIGHT OF THE RECALLS WE HAVE SEEN IN RECENT
15:44:58 WEEKS ARE THERE AREAS WE SEE FOR IMPROVEMENT.
15:45:01 SO WE HAVE MADE OUR RECOMMENDATIONS ACCORDINGLY.
15:45:04 WE ARE PLEASED THAT THE AGENCY AND SECRETARY LAHOOD HAVE PUT A
15:45:08 GREAT FOCUS ON DISTRACTED DRIVING.
15:45:11 IT'S SOMETHING THAT'S BEEN OBVIOUSLY A BIG PROBLEM.
15:45:13 SO WE DO SEE A VALUE IN THAT PARTICULAR KIND OF FOCUS.
15:45:18 >> MR. McCURDY? >> THANK YOU, MR. WHITFIELD.
15:45:24 IN FACT, IN ADDITION TO DRIVER BEHAVIOR AND PERFORMANCE, THE
15:45:31 DRIVING ENVIRONMENT -- SO CONDITION OF ROADS, THE LACK OF
15:45:34 SAFETY FEATURES THERE, WEATHER, ET CETERA, IS A FACTOR IN 2%.
15:45:41 AND THEN IN THE OTHER INSTANCES, ABOUT 2%, IT CAN BE ATTRIBUTED
15:45:47 TO THE VEHICLE. BUT I WOULD TELL YOU SINCE WE
15:45:50 HAD A REFERENCE TO OLDER VEHICLES, I WILL PROVIDE A
15:45:55 RECORD -- FOR THE RECORD A COPY OF OUR PLAYBOOK AND IT HAS AN
15:46:02 INTERESTING PHOTOGRAPH OF THE 50th ANNIVERSARY EVENT AT THE
15:46:06 NATIONAL INSTITUTE OF HIGHWAY SAFETY -- THE INSURANCE
15:46:11 INSTITUTE. THEY HAD A 40 MILES PER HOUR
15:46:14 HEAD-ON CRASH OF TWO VEHICLES. ONE WAS A 1959 CHEVY BELL AIR.
15:46:19 AS YOU KNOW IN 1959 -- WELL SOME OF YOU WEREN'T AROUND, BUT MOST
15:46:23 OF US WHO WERE, THAT'S A LOT OF METAL THERE.
15:46:27 A 40 MILES PER HOUR HEAD ON CRASH WITH THE 2009 CHEVY
15:46:31 MALIBU, A SMALLER CAR. AND THE RESULTS ARE DRAMATIC.
15:46:36 THE CAGE, THE FRONT SEAT, PASSENGER AREA OF THE '59,
15:46:42 THAT'S PASSENGERS WOULD HAVE BEEN KILLED.
15:46:44 THERE IS NO DOUBT. THEY ARE SEVERELY INJURED,
15:46:48 TREMENDOUS IMPACT, CRUSHING OF THE COMPARTMENT.
15:46:51 IN THE NEW MODEL, THE CAGE IS INTACT.
15:46:54 IT ALSO HAS FRONT AIR BAGS, SIDE AIR BAGS, SIDE CURTAINS AND THE
15:47:01 TECHNOLOGY ALSO HAS OTHER FEATURES THAT IMPROVE THE
15:47:07 LIKELIHOOD OF SURVIVAL IN A HEAD-ON CRASH.
15:47:10 REGARDLESS OF THE CAUSE -- WHETHER IT'S SOMEONE SWERVING.
15:47:14 THE LAST POINT I WOULD MAKE IN THIS COMMENT MADE ABOUT THE
15:47:20 THREE-SECOND STOP, I DRIVE A VEHICLE THAT HAS PUSH BUTTON ON
15:47:25 STOP. THAT'S ONE OF THE FEATURES THAT
15:47:27 MANY CONSUMERS ARE MOVING TOWARDS.
15:47:31 ARE WE ASKING -- ARE WE SAYING THAT CONSUMERS TODAY, IT'S IN
15:47:36 THE MANUAL. IT'S IN THE INSTRUCTION AND ALL
15:47:39 THE REST. CAN'T TAKE THREE SECONDS TO PUSH
15:47:41 A BUTTON? I KNOW THAT WE PANIC.
15:47:46 I KNOW THERE ARE INSTANCES, BUT THERE IS A NEED FOR EDUCATION.
15:47:50 THERE IS A NEED. MAYBE ONE OF THE POSITIVE
15:47:54 ASPECTS OF ALL THIS INVESTIGATION, ALL THE
15:47:57 REPORTING, IS THAT MAYBE CONSUMERS ARE HAVING TO PAY
15:48:00 ATTENTION TO THE VEHICLES THAT THEY ARE DRIVING.
15:48:02 WHAT ARE THOSE SHIFTERS? WHERE IS NEUTRAL?
15:48:06 MY SON-IN-LAW DRIVES A CAMRY. WHEN THIS CAME UP, IN THE
15:48:12 RECALL, HE'S ASKED, WHAT DO YOU DO?
15:48:14 I SAID, PUT IT IN NEUTRAL. YOU DON'T WANT TO TURN IT OFF AT
15:48:18 FIRST. THOSE BUTTONS ARE THERE AND THE
15:48:21 THREE-SECOND DELAY IS THERE FOR A REASON.
15:48:23 YOU DON'T WANT TO INADVERTENTLY SHUT OFF THE ENGINE.
15:48:28 YOU COULD LOSE POWER AFFECTING STEERING AND OTHER CONDITIONS.
15:48:31 THERE IS A COMMON SENSE APPROACH WE NEED TO TAKE.
15:48:33 LET'S WORK TOGETHER. I THINK THAT'S WHAT NHTSA AND
15:48:38 THE INDUSTRY SHOULD BE DISCUSSING.
15:48:41 THERE IS NOT ONE SOLUTION, BUT I THINK THERE IS A GENUINE CONCERN
15:48:47 ABOUT IT AND A WAY TO DEVELOP SOME SOLUTIONS.
15:48:50 >> MR. CHAIRMAN, MAY I BRIEFLY RESPOND TO THE COMMENT ABOUT THE
15:48:53 PUSH BUTTONS? >> SURE.
15:48:55 >> I WOULD LIKE TO NOTE THAT OUR RECOMMENDATIONS HAVE TO DO WITH
15:48:59 WHEN THE CONSUMER IS IN AN EMERGENCY SITUATION.
15:49:03 WE HAVE BEEN TALKING ABOUT SUDDEN UNINTENDED ACCELERATION.
15:49:07 GIVEN WHAT'S HAPPENED, IT'S MY UNDERSTANDING THAT TOYOTA IS
15:49:12 WORKING ON RECONFIGURING THE PUSH BUTTON IGNITION SO IT CAN
15:49:15 BE TURNED OFF IN AN EMERGENCY SITUATION WITH MULTIPLE QUICK
15:49:19 PRESSES IN A SHORT PERIOD OF TIME.
15:49:21 THAT'S WHAT WE'RE TALKING ABOUT. >> THANK YOU.
15:49:24 THE CHAIR RECOGNIZES THE GENTLELADY FROM ILLINOIS FOR
15:49:28 FIVE MINUTES. >> THANK YOU, MR. CHAIRMAN.
15:49:34 I WANT TO APOLOGIZE TO THE WITNESSES FOR NOT BEING HERE FOR
15:49:39 TESTIMONY, THOUGH I HAVE LOOKED AT IT.
15:49:41 I WANT TO ALSO JUST TAKE THIS MOMENT TO SAY WHAT A TREMENDOUS
15:49:48 RESOURCE WE HAVE IN JOAN CLAYBROOK WHO DID SERVE AS HEAD
15:49:53 OF NHTSA. AND I HOPE THAT NOT ONLY OUR
15:50:02 S SUBCOMMITTEE, BUT THAT NHTSA
15:50:05 WILL TAKE ADVANTAGE OF HER YEARS OF EXPERIENCE AS AN
15:50:07 ADMINISTRATOR AND AS ADVOCATE.
15:50:12 I THANK MISS GADIYAH AND MR. McOCCURTY FOR THE WORK THAT
15:50:16 YOU'RE DOING. BUT I WANTED TO PARTICULARLY
15:50:19 JUST THANK JOAN FOR DECADES. I WON'T SAY HOW MANY OF BEING AN
15:50:24 ADVOCATE FOR CONSUMERS. IN LOOKING AT THE PRIORITIES
15:50:32 THAT YOU LAID OUT FOR LEGISLATIVE AND
15:50:38 ADMINISTRATIVE -- I MEAN, THERE'S A COUPLE THINGS THAT ARE
15:50:42 CLEARLY LEGISLATIVE, IF YOU THINK THAT PENALTIES NEED TO BE
15:50:44 ENHANCED, I THINK THAT'S LEGISLATIVE ON OUR PART.
15:50:49 BUT WHAT ARE THOSE THINGS THAT YOU THINK THE COMMITTEE, IN
15:50:52 PARTICULAR, HAS TO DEAL WITH AND THAT REALLY CAN'T BE DONE
15:50:58 ADMINISTRATIVELY TO MEET THE GOALS THAT YOU'VE SET OUT OR
15:51:00 THAT THE PROBLEMS YOU'VE IDENTIFIED?
15:51:03 >> WELL, I WOULD SAY CERTAINLY --
15:51:05 >> DO YOU HAVE YOUR MIKE ON? >> YEAH, SORRY.
15:51:07 I WOULD SAY CERTAINLY IN THE PENALTY AREA, THAT THAT'S A
15:51:13 LEGISLATIVE ISSUE. >> MM-HMM.
15:51:15 >> AND IN THE FUNDING, THAT'S A LEGISLATIVE ISSUE.
15:51:21 THE PRESIDENT'S BUDGET IS WHAT IT IS.
15:51:23 AND IT'S TOTALLY INSUFFICIENT. AND SO IT'S NOT THIS COMMITTEE'S
15:51:28 RESPONSIBILITY, ALTHOUGH YOU DO AUTHORIZE, OF COURSE.
15:51:33 I THINK THAT IN THE AREA OF TRANSPARENCY, THERE HAVE BEEN
15:51:35 SOME DECISIONS MADE BY THE AGENCY THAT THIS COMMITTEE COULD
15:51:38 CHANGE IN THE EARLY WARNING ACT WHILE THERE WAS A LOT OF
15:51:42 DISCUSSION ABOUT THE INFORMATION BEING OPEN.
15:51:44 IN FACT, THE WAY THAT IT WAS WRITTEN WAS INTERPRETED AS NOT
15:51:49 BEING OPEN. SO I THINK THAT IT WOULD HELP
15:51:52 CLARIFICATION ON TRANSPARENCY WITH THE EARLY WARNING SYSTEM
15:51:55 BECAUSE RIGHT NOW IT'S NOT AVAILABLE TO ANY OF US.
15:51:58 >> AND THAT WOULD REQUIRE A CHANGE OR A CLARIFICATION IN
15:52:02 LAW? >> YES, I THINK IT WOULD BE VERY
15:52:04 HELPFUL TO HAVE A CLARIFICATION OF THAT.
15:52:06 IN TERMS OF CONSUMERS BEING ABLE TO BRING A LAWSUIT WHEN THE
15:52:13 DECISION IS -- A CASE IS CLOSED IN THE ENFORCEMENT AREA, WE
15:52:16 DEFINITELY NEED TO HAVE LEGISLATION THERE BECAUSE OF THE
15:52:18 COURT OF APPEALS' DECISION. AND THEN I THINK IT WOULD BE
15:52:27 VERY HELPFUL TO HAVE SOME LEGISLATIVE SUPPORT FOR
15:52:31 IMPROVING THE BLACK BOX. THIS IS SOMETHING THAT COULD BE
15:52:34 DONE ADMINISTRATIVELY BY THE AGENCY.
15:52:36 I THINK IT WOULD BE REALLY HELPFUL BECAUSE IF THE BLACK BOX
15:52:41 IS MANDATORY, IF IT GATHERS A LOT OF REALLY GOOD DATA, IF IT
15:52:43 CAN BE DOWNLOADED EASILY, ALL OF THAT DATA CAN COME INTO NITSA'S
15:52:48 DATA SYSTEM, AND IT WOULD VASTLY ENHANCE, EXCITINGLY ENHANCE, THE
15:52:53 CAPACITY AGENCY TO ANALYZE PROBLEMS TO FIND OUT WHAT'S
15:52:56 GOING ON ON THE HIGHWAY BECAUSE THIS WOULD BE RICH INFORMATION
15:53:00 FROM CRASHES THAT OCCUR RIGHT THEN ON THE HIGHWAY.
15:53:03 AND THIS INFORMATION IS TOTALLY LACKING IN THE AGENCY NOW.
15:53:06 AND GATHERING IT THROUGH THE SYSTEM WHICH IS THIS NATIONAL
15:53:10 ACTION SAMPLING SYSTEM WHICH IS AFTER THE ACT, AFTER
15:53:15 INVESTIGATIONS, THERE WAS INTENDED TO BE 20,000 OF THEM A
15:53:17 YEAR. IT'S NOW 4,000 BECAUSE OF THE
15:53:19 COST. AND THIS, I THINK, WE'LL NEVER
15:53:21 GET TO THE 20,000. SO WHY NOT TAKE ADVANTAGE OF
15:53:23 THIS DATA THAT'S GOING TO BE COLLECTED ANYWAY IN BLACK BOXES
15:53:26 UNDER WHAT I THINK HAS TO BE A MANDATE FOR THE BLACK BOX ITSELF
15:53:31 AND USE THAT DATA FOR THE OPERATIONS OF THE AGENCY AS WELL
15:53:36 AS PARTICULAR CRASHES? >> MR. McCURTY, YOU SEEM TO BE
15:53:40 NODDING AT THAT. DID YOU WANT TO COMMENT ON THIS?
15:53:43 >> THANK YOU, MA'AM. ACTUALLY, I DID WANT TO COMMENT.
15:53:47 WE ASKED FOR ADDITIONAL RESOURCES FOR NAS.
15:53:52 WE THINK THAT DATA NEEDS TO BE COLLECTED.
15:53:54 AND THIS COMMITTEE HAS OVERSIGHT OF NITSA, AND THE DATA IS THERE.
15:53:58 BUT WE NEED TO MAKE SURE THAT THE AGENCY HAS THE TOOLS AND
15:54:03 RESOURCES TO GATHER IT. MY ONLY CAVEAT ON THAT -- AND I
15:54:06 THINK THIS IS SOMETHING WE NEED TO WORK ON -- IS I DON'T BELIEVE
15:54:09 THAT THE WHOLESALE RELEASE OF RAW AND UNVERIFIED DATA WOULD
15:54:14 FURTHER THE OBJECTIVE OF QUICKLY IDENTIFYING AND CORRECTING
15:54:19 DEFECTS. IF ANYTHING, IT MAY LEAD TO MORE
15:54:21 LITIGATION. AND I DON'T BELIEVE THAT'S THE
15:54:23 ANSWER. >> OH, WELL, I SHOULD SAY, MR.
15:54:26 McCURTY -- >> I ACTUALLY HAVE THE MIKE, MR.
15:54:30 CHAIRMAN. YOU KNOW, I DON'T BELIEVE IT
15:54:32 WOULD, IN FACT, DO THAT. I WOULD HOPE, BEFORE THE
15:54:37 GENTLELADY LEAVES OR WE AT LEAST HAVE ANOTHER ROUND, ACTUALLY
15:54:41 TALK ABOUT ONE OF THE PRINCIPAL ISSUES THAT YOU'RE THE KEY
15:54:44 SPONSOR OF WHICH WE SUPPORTED, THE KAMRAN GO BRANSON ACT AND
15:54:50 THE ROLE THAT WE ACTUALLY PLAYED BECAUSE THIS IS ONE OF OUR
15:54:53 PRIORITIES. AND IT SHOWS WHERE WE CAN
15:54:55 ACTUALLY WORK TOGETHER TO ADDRESS SIGNIFICANT PROBLEMS.
15:55:01 AND THOSE ARE SOME OF THE MOST TRAGIC INCIDENTS --
15:55:04 >> THEY ARE. THANK YOU.
15:55:05 >> -- THAT WE KNOW OF. AND I'VE WORKED WITH SENATOR
15:55:08 CLINTON AT THE TIME. >> EXACTLY.
15:55:09 >> AS WELL AS YOUR STAFF, AND THIS STAFF ON THE COMMITTEE TO
15:55:13 MAKE THAT HAPPEN. AND THE INDUSTRY FULLY SUPPORTED
15:55:15 THAT. I WANT TO MAKE SURE THAT'S ON
15:55:18 THE RECORD AS WELL. >> AND I APPRECIATE THAT.
15:55:23 IS THERE ANY WAY, MR. CHAIRMAN, THAT MS. CLAYBROOK CAN RESPOND
15:55:27 BACK TO THAT? >> JUST PRIVACY INFORMATION.
15:55:30 I JUST WANT TO MAKE CLEAR THAT I DON'T THINK THIS DATA SHOULD BE
15:55:33 PUBLIC AS TO INDIVIDUAL CRASHES. IT WOULD BE FOR STATISTICAL
15:55:37 PURPOSES. THAT'S ALL I WANTED TO SAY.
15:55:38 >> THANK YOU. >> THE TIME HAS EXPIRED.
15:55:40 THE CHAIR RECOGNIZES THE GENTLEMAN FROM FLORIDA, MR.
15:55:46 STAERNS. >> THERE, MR. CHAIRMAN.
15:55:48 MS. CLAYBROOK, LET ME JUST FOLLOW UP WITH WHAT MS.
15:55:52 SCHAKOWSKY HAS TALKED ABOUT. IN THESE BOXES, ISN'T THE BOX
15:55:57 THAT'S ON A PERSON'S CAR, THAT BOX WOULD BELONG TO THAT PERSON,
15:56:00 WOULDN'T IT? >> YES.
15:56:01 >> SO WOULDN'T THEY HAVE THE RIGHT TO OPT OUT IF THEY WANTED
15:56:04 TO? >> NO.
15:56:05 >> COULDN'T THEY FLICK A SWITCH SO IF THEY DIDN'T WANT THIS TO
15:56:09 OCCUR, THEY COULD DO IT? >> I DON'T THINK THERE OUGHT TO
15:56:11 BE AN ON/OFF SWITCH. >> SO YOU THINK THERE SHOULD BE
15:56:13 NO OPT OUT. >> I DO NOT THINK THERE SHOULD
15:56:16 BE AN OPT OUT. >> SECONDLY, THE INFORMATION
15:56:18 THEY COLLECT IS, OBVIOUSLY, SPEED, PERHAPS LOCATION.
15:56:22 IS IT GOING TO GO BEYOND THAT IN TERMS OF WEIGHT IN THE CAR OR
15:56:28 DRIVING HABITS? WHAT, IN YOUR OPINION --
15:56:31 >> ON THE BLACK BOX? >> IN THE BACK BOX.
15:56:33 BECAUSE IT SOUNDS LIKE YOU WANT TO EXPAND IT.
15:56:35 I THINK MANY PEOPLE ARE CONCERNED ABOUT HOW THE FEDERAL
15:56:38 GOVERNMENT WILL HANDLE THIS DATA.
15:56:42 IF I DON'T WANT -- SAY I CAN'T OPT OUT OF THE BOX UNDER YOUR
15:56:47 PERSUASION, THEN IF IT GOES TO THE FEDERAL GOVERNMENT, HOW IS
15:56:49 THIS GOING TO BE PUBLIC ON THE INTERNET?
15:56:54 SHOULD PRIVATE CITIZENS BE ABLE TO GO AND SEE THAT ABOUT THEIR
15:56:56 NEIGHBORS WHO ARE DRIVING? I MEAN, THERE ARE SOME PRIVACY
15:57:00 IMPLICATIONS, I THINK, THAT I'M CONCERNED ABOUT.
15:57:02 >> I REALLY APPRECIATE YOUR ASKING THE QUESTION BECAUSE I
15:57:05 CERTAINLY DIDN'T MEAN TO SUGGEST THAT EVERYONE'S DRIVING CRASH --
15:57:09 EVERY CRASH THAT OCCURS SHOULD BE PUBLICLY EXPOSED ON THE
15:57:12 INTERNET WITH THE NAME OF THE PERSON AND THE CAR AND ALL THE
15:57:13 REST OF IT. THE BLACK BOX GENERALLY COLLECTS
15:57:19 DATA 25 SECONDS BEFORE A CRASH AND FIVE TO TEN --
15:57:22 >> SO IT DOESN'T COME ON ALL DURING THE WHOLE TIME?
15:57:24 >> NO. >> OKAY.
15:57:25 >> AND SO IT'S VERY, VERY LIMITED TIME FRAME.
15:57:28 AND WHAT IT RECORDS IS WHETHER -- IF IT WAS ON THE
15:57:32 ACCELERATOR, WHETHER IT WAS ON THE BRAKE.
15:57:34 A LOT OF ASPECTS OF THE ENGINE ITSELF, THE SPEED OF THE VEHICLE
15:57:36 AND SO ON. AND THAT DATA, WHEN I'M TALKING
15:57:41 ABOUT HAVING IT GO TO THE FEDERAL GOVERNMENT, IT WOULD BE
15:57:43 ONLY STATISTICAL DATA. ALL PRIVACY INFORMATION WOULD BE
15:57:47 ERASED. SO THE FEDERAL GOVERNMENT
15:57:48 WOULDN'T EVEN HAVE IT. IT WOULD JUST BE STATISTICAL
15:57:52 DATA. IT WOULD JUST BE THAT A CRASH
15:57:53 OCCURRED AND WHAT THE CIRCUMSTANCES WERE.
15:57:55 SO THAT YOU COULD THEN ACCUMULATE THAT DATA AND SAY,
15:57:58 THESE ARE THE KIND OF CRASHES THAT ARE OCCURRING.
15:58:00 AND THESE ARE THE KIND OF REMEDIES THAT WE NEED TO THINK
15:58:03 ABOUT APPLYING BECAUSE OF THAT. SO I DO THINK IT NEEDS TO BE
15:58:08 MANDATORY. I THINK IT SHOULD BE IN EVERY
15:58:09 VEHICLE. ACTUALLY, GENERAL MOTORS, FORD
15:58:12 AND CHRYSLER READILY REVEAL THE CONTENTS OF THEIR BLACK BOXES IN
15:58:17 LITIGATION BECAUSE THEY THINK IT'S ADVANTAGEOUS.
15:58:20 >> I GUESS, YOU KNOW, THIS COMMITTEE WOULD BE CONCERNED
15:58:23 ABOUT THE PRIVACY. LET ME MOVE ON.
15:58:25 I HAVE ANOTHER QUESTION, MR. McCURDY.
15:58:28 WELCOME TO THE COMMITTEE. NICE TO SEE YOU.
15:58:30 EDDIE TOWNS AND I DROPPED A BILL ON JANUARY 28th, 2009, WHICH
15:58:35 WOULD DIRECT THE DEPARTMENT OF TRANSPORTATION TO ISSUE
15:58:38 REGULATIONS WHICH WOULD MITIGATE THE SAFETY HAZARD CAUSED BY A
15:58:41 NEAR SILENT HYBRID AND ELECTRIC CARS.
15:58:44 I WAS IN A PARKING LOT GOING INTO THE GROCERY STORE.
15:58:49 AND I WAS JUST WALKING ALONG, I WASN'T THINKING ON MY
15:58:51 BLACKBERRY, AND THIS CAR CAME UP THAT WAS A HYBRID, AND I DIDN'T
15:58:54 HEAR IT. AND IT PRACTICALLY HIT ME.
15:58:57 SO MY QUESTION IS, I THINK BOTH GENERAL MOTORS AND NITSA HAVE
15:59:02 COME UP AND PROPOSED METHODS