National Highway Traffic Safety Administration

Kids Under 2 Require Rear Facing Child Seats in Illinois

April 23, 2019 by Danylo Terleckyj Leave a Comment

Effective January 1, 2019, the Illinois legislature amended the law known as the Illinois Child Passenger Protection Act, requiring children under two years old to ride in rear facing child seats unless they weigh more than 40 pounds. This rule change also includes new fines. Violators will be assessed $75 for the first offense, and $200 for each subsequent failure to comply.

Illinois law already required children under 8 to ride in a secure child safety seat. A child’s safety is, of course, the reasoning behind these regulations.

A study conducted by the Centers for Disease Control and Prevention found that 35% of kids under age 12 that died in car crashes in 2016 in this country were not properly restrained. That means, that of the 732 motor vehicle crash deaths in that age group, at least 256 stories may have gone differently. That’s hundreds of families who might have had a different outcome.

Because Illinois law considers the first violation to be a petty offense, a person who has been charged with violating the Illinois Child Passenger Protection Act for the first time may avoid a conviction by successfully completing a child passenger safety instructional course and proving proof in court that they have a proper child safety seat for their vehicle.

Parents or guardians who have questions about how properly install child safety seats should reach out for help. One resource could be your local fire department. There are certified child passenger safety technicians who are available to help at firehouses, police stations, and sometimes hospitals. The National Highway Traffic Safety Administration keeps a list that can be found here: http://www.nhtsa.gov/cps/cpsfitting/index.cfm

Chicago residents can find help by phone too:

Chicago Police Department: Dial 311
Chicago Fire Department: 312-747-6691

The latest recalls from the NHTSA

August 22, 2017 by Levinson and Stefani Leave a Comment

The National Highway Traffic Safety Administration produces a brief but informative e-blast that largely goes unnoticed. It’s basically a giant consumer alert, yet it’s tailor made for those of us who might be overly cautious (or, as we like to think, safe) drivers.

The NHTSA isn’t looking to score style points here; these blasts are as straightforward and plain as it gets. They consist of tables, laid out like a spreadsheet, with recall numbers, the name of the manufacturer, the reason for the recall, and, most importantly, the make and model years of the vehicles that might be with vulnerable. It certainly won’t be the most exciting e-blast you’ll ever subscribe to, but it may be one of the most beneficial.

We received the most recent blast yesterday morning. After parsing through the information, we came away with three notable points: First, Mazda appears to be the most recognizable brand/automaker featured on the list. The average driver should take note of models CX-7, CX-9 and the Mazda A6, which appear to have experienced problems related to passenger airbags. The second point: A slate of RV models with makes as recent as 2017 are being flagged for problems related to their headlights. Third, it’s important to take note of the recalls that deal with structural or tire-related problems, as they can pose the most dangerous and unexpected complications with potentially life-threatening results.

NHTSA Recall ID Number: 17V457

Manufacturer: Mazda North American Operations
Subject: Passenger frontal air bag inflator may rupture

NHTSA Recall ID Number: 17V464

Manufacturer: Tremcar
Subject: Rear impact guard failure/FMVSS 223

NHTSA Recall ID Number: 17V477

Manufacturer: REV Recreation Group
Subject: Headlight lenses may crack or break

NHTSA Recall ID Number: 17V482

Manufacturer: Vantage Mobility International, LLC
Subject: Rear pinion brackets may crack

NHTSA Recall ID Number: 17V483

Manufacturer: Utility Trailer Manufacturing Company
Subject: Improper weld allowing mudflap bracket to detach

NHTSA Recall ID Number: 17V486

Manufacturer: CSI Emergency Apparatus, LLC
Subject: Wheels may crack and break

NHTSA Recall ID Number: 17V489

Manufacturer: Conel, LLC dba McElrath Trailers
Subject: Trailer neck may detach

NHTSA Recall ID Number: 17V494

Manufacturer: Trail King Industries, Inc.
Subject: Pivot plate may crack and trailer may disconnect

Source: The National Highway Traffic Safety Administration

No recall for Tesla: Did the NHTSA miss a golden opportunity?

January 24, 2017 by Brett Manchel Leave a Comment

Last Thursday was another reminder that the National Highway Traffic Safety Administration is struggling to define what automation means for the future of the auto industry.

According to Reuters, the agency officially closed its investigation into the fatal crash that killed Joshua Brown, owner of a Tesla Model S, who set his car on autopilot as he was cruising on a highway west of Williston, Florida. The car ended up colliding with a tractor-trailer that was crossing an uncontrolled intersection.

Initial reports in May showed that the Tesla had failed to distinguish between the color of the white trailer and a bright-colored sky, therefore it did not slow its speed. Thickening the plot was the fact that Brown, 40, was reportedly watching a movie on a portable DVD player at the time of the crash.

When the NHTSA announced that it was planning to investigate further, people began to wonder if this was the start of something much more profound; part of the investigation was to determine whether Tesla’s semi-automation system — one of the few sanctioned systems being used on the road today — was defective, and whether a recall was necessary.

But after six months, the NHTSA has come to the conclusion that nothing about automation is conclusive. The final evaluation, released last week, determined that the Tesla was working in accordance with its specifications and that the company was not liable for any technical fiascos; no recalls were issued as a result.

“The Autopilot system,” as it says in the NHTSA report, “is an Advanced Driver Assistance System (ADAS) that requires the continual and full attention of the driver to monitor the traffic environment and be prepared to take action to avoid crashes.”

More from the NHTSA: “Although perhaps not as specific as it could be, Tesla has provided information about system limitations in the owner’s manuals, user interface and associated warnings/alerts, as well as a driver monitoring system that is intended to aid the driver in remaining engaged in the driving task at all times.”

While it’s hard to pin this particular crash on the Tesla automation system alone, it’s also hard to ignore that the NHTSA called out Tesla for not being “as specific as it could be …” Question is: In what respect? These are the specifics that are going to matter in the future, and it probably behooves the agency to elaborate. Looks like we’ll have to wait a little longer.

“A safety-related defect trend has not been identified at this time and further examination of this issue does not appear to be warranted,” says the concluding paragraph of the NHTSA’s investigative report. ”Accordingly, this investigation is closed. The closing of this investigation does not constitute a finding by NHTSA that no safety-related defect exists. The agency will monitor the issue and reserves the right to take future action if warranted by the circumstances.”

Given the shaky legal landscape surrounding autonomous vehicles, it’s time for the agency to go on heightened alert.

Five things you’ll learn during Child Passenger Safety Week

September 22, 2016 by Jay Stefani Leave a Comment

Parents and caregivers need reminders from time to time. That’s one of the reasons why Child Passenger Safety Week, happening now through Saturday, is a program that adults should pay attention to.

A 2015 survey conducted by the National Highway Traffic Safety Administration found that 37.4 percent of children ages 4 to 7 in the U.S. were not being properly restrained. In fact, more than 25 percent were being restrained by a seat belt and more than 11 percent weren’t restrained at all. Of those numbers, 13 percent of children between the ages of 1 and 3 were prematurely transitioned to booster seats, marking a steep increase from last year’s numbers.

It boils down to this: Even parents with the best intentions don’t realize they’re making potentially life-threatening mistakes. Since the two years that our firm has been around, we’ve encouraged families to take advantage of what the week has to offer.

What you’ll learn: The importance of the chest clip

The chest clip is one of the central components to protecting a smaller child in the event of a crash. It’s the buckle that prevents them from things like whiplash. But placing the clip awkwardly has the potential to do more harm than good. A telltale sign that you need to adjust your protocol: if you can easily move your child in and out of the seat without fussing with the straps. During Safety Week, experts are on hand to show you how to make sure the clip is placed properly.

What you’ll learn: Not all cars are created equal

While one seat may fit perfectly in the back of a Toyota, that doesn’t necessarily mean it’ll fit in the back of an Escalade. And that’s a problem. In many cases, families make the mistake of installing old car seats in new cars. That’s dangerous on a few levels, the most notable of which is rendering the seat obsolete. Child car seats are designed to protect children from collisions. It’s pointless if the seat itself has the potential to come undone. Manufacturers adjust their designs on a regular basis to account for these issues, some a better fit than others. Fortunately, you have the option to ask an expert during Safety Week.

What you’ll learn: Car seats need to be checked annually

Parents will go months before realizing that their child’s car seat is outdated or has been recalled by the manufacturer. Others will simply reuse seats for new infants. Like most products, all car seats have a lifespan, some no more than a few years. Having your seat inspected annually (which you can often achieve for free by making an appointment with your local fire department) is a necessary step to ensure all your gear is functioning properly. No appointment necessary at designated stations during Safety Week .

What you’ll learn: It’s not just about car seats

As your kids get older, instinct kicks in. Your youngster wants to hand with the adults. Think about it: How many times has your child asked to sit in the front seat? In Illinois, it’s illegal for kids under the age of 12 to travel in the front passenger seat of a car, yet parents don’t always have a tough time convincing them to do otherwise. Setting the limit is important, but it’s also important to teach older kids the proper way to sit in the backseat, harness in three-point position (no putting your arm over the strap! We all know that trick).

What you’ll learn: National Seat Check Saturday is the best

This coming Saturday, experts will station themselves in neighborhoods around the country to inspect seats and provide parents with practical safety advice related to seat belts. The best part: Drop-in stations are quick, easy, and free. You’ll get your inspection and still have time to take your kids out for a scoop of ice cream.

Congress to NHTSA: Look into car hacking

September 13, 2016 by Levinson and Stefani Leave a Comment

Members of Congress have formally asked the National Highway Traffic Safety Administration to convene an industry-wide effort to prevent possible hacks on the computer systems in vehicles, raising the spotlight on the challenges that regulators face as technology advances and cars become even more reliable on automated programming for everyday functionality.

This latest development is one of several attempts to quash concerns that lawmakers first broached in July 2015 after an article in WIRED magazine chronicled the experiments of two hackers-turned-software engineers, who took control of a 2014 Jeep SUV by accessing its computer console from a remote location.

In that case, the hackers were able to gain control of the Jeep’s on-board diagnostics port (OBD) and steer it off its course. Automakers have been required to install OBDs in all vehicles since 1994 to test for emissions compliance. With computer software and hacking becoming increasingly sophisticated, coupled with an already-vulnerable system, congressional leaders are trying to get ahead of the curve.

Leading the charge is U.S. House Energy and Commerce Chairman Fred Upton. Upton is asking the NHTSA to report back in October with any progress and to make NHTSA staff members available to speak on the issue. The NHTSA has said that it plans to roll out a series of proposals to ensure that automakers comply with future regulations, though the timeline remains a work-in-progress.

For now, it looks like Congress is taking a more public stand to force the issue. The U.S. Justice Department has already begun the process of constructing a threat analysis team to look over the national security implications of car hacking, and this latest request from Upton comes on the heels of a report in March by the Federal Bureau of Investigation that cited a warning that cars were “increasingly vulnerable” to hacks by outside parties.

The U.S. trucking industry’s safety standards are fading, not improving

July 6, 2016 by Jay Stefani Leave a Comment

Cutting corners will ultimately cost more lives

As a trial lawyer, I’ve seen too many cases where the wellbeing of others is compromised for the sake of doing business.

That’s especially true when it comes to the U.S. trucking industry, which faces numerous lawsuits every year related to negligence, including a systemic failure to shell out for basic safety standards.

What’s ironic is that this penny-pinching approach is the same approach costing the trucking industry millions of dollars in personal injury and wrongful death claims. The industry apparently would rather accept the risk of pricey lawsuits than pay for marginal improvements, while other countries (like Canada and the U.K.) pass safer laws and enact better proposals to protect their citizens—including truck drivers—from preventable disasters. For those of us living in the U.S., it’s becoming harder to ignore how fast our peers have outpaced us.

Dating back to 2005, the U.S. trucking industry has favored a market-driven model to promote commerce. That’s in stark contrast to the Europeans, who have gone as far as to implement speed detection systems to keep drivers honest. Perhaps more striking is Europe, unlike the U.S., tries to promote a healthy working environment (better hours, less emphasis on associating a paycheck with the number of hours spent on the road), rather than the pressures of a corporate time crunch.

Now let’s look at the U.S.: The trucking industry has flirted with the idea of lowering restrictions (like allowing 18-year olds to drive big-rigs within state borders and increasing weight limits for large trucks) or endorsed modest safety proposals that move up the bureaucratic chain of command at a snail’s pace. One of those things is installing side underride guard rails, which have been a point of contention between the trucking lobby and safety advocates for years.

Writer Paul Feldman of FairWarning explored this in an article titled “Critics Say Underride Fix Will Do Little to Curb Deadly Hazard.” Feldman called side underride crashes “among the most horrific collisions on the road,” yet any effort to curb those collisions has been overlooked or ignored domestically.

Feldman went on to explain how a new proposal for underride guards, recommended by the National Highway Traffic Safety Administration, essentially replaces a 20-year-old standard with a 10-year-old Canadian standard. The NHTSA justified its reasoning by citing low-loss-of-life in relation to the cost of outfitting or retrofitting trucks with side underride guards.

That correlation rings like a shallow justification of Reagan era policies, as Feldman notes, that favors economic benefits over the value of safety. Try explaining that to a family that’s lost a child, or someone with terminal injuries. We need to get ahead of the curve, not just keep up.

I sit on the American Association for Justice Side Underride Guard Task Force. I recently returned from a trip to England as part of an investigation into the safety practices of the U.K trucking industry. My colleagues and I were shocked to learn how far we have to go before we catch up to our British counterparts. Some of those things include a comprehensive certification process for underride guards, additional training for drivers, outfitting old trucks with new safety features, and a national awards program/incentives that encourages safe driving.

All of this is low-hanging fruit. We need to start picking before it goes bad.