Is Agency’s Tight Relationship With Automakers Bad for Consumer Safety?

The widespread complaints about Toyota’s sticky accelerators are prompting criticism that federal regulators may be relying too heavily on automakers’ explanations and assurances. Much of this criticism is aimed at the National Highway Traffic Safety Administration (NHTSA).

According to the Washington Post:

During agency reviews, officials have at times minimized or simply rejected consumer accounts of what happened in favor of the manufacturers' assessments, records show.

… “Unfortunately, if the manufacturer says it's OK, then it's OK with them," said Jeffery A. Pepski, 54, a Minnesota driver who unsuccessfully petitioned the NHTSA with a complaint that his Lexus ES 350 accelerated unexpectedly on his way home from work last year. "The agency follows that logic all the way through their investigations. They’re not really investigating with an open mind.”

NHTSA officials said Thursday that the agency does not rely solely on the manufacturers during investigations. The officials said the NHTSA has a staff of professional investigators who hear from drivers and companies. They take the cars in question on road tests, interview police and ensure that “all avenues are explored,” the officials said. Moreover, even critics concede that human memory is fallible.

… The agency and the manufacturers know each other well. Two top officials in Toyota's Washington office, which deals with the NHTSA, are former agency employees. It is a relationship “built on trust,” said Nicole Nason, who was the agency's administrator from 2006 to 2008.

Clarence Ditlow, director of the Center for Auto Safety, says the agency appears to have been too willing to accept Toyota’s version of events. “It’s difficult to believe that Toyota doesn’t have information on what’s causing the failures,” he said. “When you have a recalcitrant manufacturer like Toyota, [NHTSA] should use their subpoena authority to get answers.”