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AAJ Challenges NHTSA’s Efforts to Weaken Car Safety
Language Could Eliminate State’s Safety Measures
Monday, March 26, 2007 (Washington, DC)— The American
Association for Justice is asking the National Highway Traffic Safety
Administration to reconsider its recent efforts to weaken car door
locks and door retention components because it might deprive individual
states of the ability to hold negligent manufacturers accountable.
“Many states have gone beyond the federal government’s
safety requirements and taken extra steps to protect residents,”
said Jon Haber, chief executive officer of AAJ, formerly the Association
of Trial Lawyers of America. “Eliminating state safety laws
and their ability to hold wrongdoers accountable is a dangerous giveaway
to the big car companies that could ultimately make cars less safe.”
AAJ applauds the NHTSA for issuing the door lock regulation, scheduled
to take effect on Sept. 1, 2009 because it helps ensure that vehicle
doors remain closed in the event of a crash, thus reducing the likelihood
of deaths and injuries and also sets new requirements for sliding
side doors usually found on mini-vans and on cargo doors.
What is problematic is that the regulation contains language in the
preamble that suggests NHTSA may preempt state tort laws with respect
to claims involving door locks and door mechanisms. The preamble could
effectively protect manufacturers from lawsuits claiming negligence
in state court. This is NHTSA trying to have it both ways - not complying
with the requirements for a rule but making car manufacturers think
NHTSA has enacted a new rule.
“Although AAJ thinks that preamble language has no substantive
effect, the language must be revised to remove any reference to preemption
of state tort law,’’ said AAJ President Lewis S. “Mike’’
Eidson, in a letter delivered to the NHTSA and dated March 23, 2007.
AAJ also maintains the preemption language was inserted contrary
to law because the NHTSA failed to provide notice to interested parties
that the proposal could preempt state law prior to adoption.
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As the world's largest trial bar, AAJ (formerly known as the Association of Trial Lawyers of America) promotes justice and fairness for injured persons, defends the constitutional right to trial by jury, and strengthens the civil justice system through education and disclosure of information critical to public health and safety. Serving members worldwide, AAJ provides attorneys with the information and professional assistance they need to serve clients successfully and protect the democratic values of the civil justice system. Visit http://www.justice.org
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