Motor Vehicle Safety Act of 2010

On May 4, 2010, Senator Rockefeller introduced S. 3302, the Motor Vehicle Safety Act of 2010.   Like the House version of the bill (not yet introduced), it addresses four key areas as follows:

Vehicle Electronics and Safety Standards

• Establishes a new Center for Vehicle Electronics and Emerging Technologies within NHTSA to strengthen the agency’s expertise in new technologies across all vehicle safety components. 
• Requires new safety standards related to electronics and unintended acceleration, including:  a brake-override standard; a standard that prevents pedals from getting trapped in floor mats or other obstructions; and a standard for electronic systems performance.
• Requires that all vehicles be equipped with event data recorders that record crash information. 

 
Enhanced Safety Authorities for NHTSA

• Increases the civil penalty NHTSA can seek per violation and eliminates the maximum civil penalty allowed. 
• Provides NHTSA the authority to order immediate recalls if it finds an “imminent hazard of death or serious injury.” 

Transparency and Accountability 

• Requires more “Early Warning Reporting” data submitted to NHTSA on a quarterly basis be made available to the public, improves public accessibility of the NHTSA website, and encourages consumers to report potential defects to the agency.
• Requires that a manufacturer have a senior executive in the United States certify the accuracy of information submitted to NHTSA in response to investigations.
• Enables a citizen whose petition to NHTSA requesting a defect investigation has been rejected by the agency to challenge that decision in court. 

Funding

• Establishes a vehicle safety user fee paid by the vehicle manufacturer for each vehicle certified to meet the federal motor vehicle safety standards for sale in the United States.  This fee, which would supplement appropriations, would support NHTSA’s vehicle safety programs.  In addition, the legislation doubles the authorization for NHTSA’s vehicle safety programs over three years.

Senator Rockefellar’s bill also includes provisions for the following:

• Consumer Notice of Software Updates and Other Communications with Dealers
  
• Whistleblower Protections for Motor Vehicle Manufacturer, Part Supplier, and Dealership Employees
• Criminal Penalties
• Anti-Revolving Door

 The bill has been referred to the Senate Committee on Commerce, Science and Transportation.

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