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INDUSTRY HAS SUBMITTED NO DATA SUPPORTING THE 25 MPH CRASH TEST

Lack of Data Concerning Air Bag Performance at High Speeds

Industry argues air bags certified to the 30-mph unbelted test are a hazard to smaller occupants in high-speed collisions but present no data to support this claim, despite the fact that there are 60-plus million vehicles for model years through 1997 with pre- "depowered" air bag systems certified under the old Standard 208 (based on a 30 mph unbelted barrier crash test with a 50th percentile male dummy) and one to two million deployments in these vehicles.

Industry originally argued that the "depowered" air bags could not meet a 30 mph standard, but now dropped that in view of the new NHTSA crash test data.

Industry (and IIHS) uses extremely limited NASS data to support its conclusion that pre- "depowered" air bags were the primary cause of nine driver deaths in higher speed crashes. But it fails to establish that "overpowering" is an inherent result of the 30 mph test.

The industry failed to point out that all nine cases involved vehicles made before air bags were "depowered." Hence they are not relevant to the technologies in vehicles today, much less in advanced air bag technology.

In any event, the industry s nine cases don t support its arguments for the following reasons: (a) two of the cases involved low-speed crashes, (b) three of the cases involved air bags that did not cause the death, and (c) in one of the nine cases, the air bag even "bottomed out," showing the need to keep a high-speed crash test.

Although NHTSA states there may be cases of "bottoming out", NHTSA has focused on the more visible lower-speed deployment deaths without conducting in-depth investigations into air bags "bottoming out" in high-speed collisions.

There are no data that support adoption of the less stringent 25 mph test in place of the 30 years of government crash testing at 30 mph.

NHTSA and Industry Are Withholding Vital Information

Industry has supplied no data to support its claims that the 30 mph unbelted test will increase air bag aggressivity.

NHTSA crash tests of 13 "depowered" cars which passed the 30 mph unbelted test refute industry claims and have not been rebutted by industry supplied evidence.

There also is no information available showing that the automakers have analyzed all the design alternatives and technologies that minimize the aggressivity of air bags that can pass the 30 mph barrier crash test.

The public has not been given the necessary information to evaluate what safer design options exist or can be produced, as well as what features to examine before making a vehicle purchase.

NHTSA received manufacturer information on air bag designs and changes to mitigate injuries by make and model in 1998 but is refusing to disclose it to the public, claiming it is confidential commercial information.

Individual NASS investigations specify this air bag design information, and each company tracks down competitor vehicles to secure it. Only the public is in the dark.

Public Citizen and the Center for Auto Safety filed a lawsuit under the Freedom of Information Act in June 1999 against NHTSA to obtain industry make and model air bag information to inform consumers and to evaluate NHTSA rulemaking. The case is still pending.

Publicly Available Information Supports the 30 mph Test

Publicly available data show that a 30 mph unbelted test is reasonable, feasible and saves the most lives.

NHTSA crash tests show that the 1998 Ford Taurus and 1999 Saturn SL1 meet the 30 mph test for both 5th percentile female and 50th percentile male occupants -- driver and passenger.

NHTSA's static out-of-position tests using 5th percentile female dummies in the driver position show that the 1999 Saturn SL1 also meets those proposed requirements.

NHTSA estimates between 200-400 more lives would be lost if the agency adopted the 25 mph test in place of the 30 mph test.

NHTSA's 30 mph crash tests of 13 "depowered" production models, 12 of which passed with unbelted 50th percentile males, show that the 30 mph test does not mean that air bags will have to be repowered.

Honda and BMW air bags have produced no deaths; other manufacturers air bags have similar records with three or fewer deaths (e.g., Mercedes-Benz, Subaru, and Volvo with one death each, VW with two passenger deaths, Nissan with three driver deaths). By comparison, a number of other manufacturers have had numerous air bag deaths.

The fact that the 1999 Saturn SL1 and 1998 Ford Taurus -- affordable compact and mid-size cars -- meet NHTSA s proposed crash test requirements proves that the 30 mph test is reasonable, practicable, objective and meets the need for safety.

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