All new vehicles must be outfitted with back-up cameras, according to a new regulation finalized in 2014 and implemented in May of this year. The National Highway Traffic Safety Association (NHTSA) – a subset of the Department of Transportation – has been attempting to finalize the rule since the founding law (“Cameron Gulbransen Kids Transportation Safety Act”) was passed in 2008. But push-back from the Reagan-era agency, the Office of Information and Regulatory Affairs (OIRA), caused the rule to be delayed at least five times – until finally legal action against the administration forced the agency’s hand in 2014.
Now, traffic safety advocates have cause for celebration. The rule could go a long way in preventing some of the 200 deaths and 12,000 injuries that happen every year due to back-up accidents. The rule will be particularly helpful for spotting young children, who are often too small to be seen by the naked eye.
Response
Cathy Chase, president of Advocates for Highway and Auto Safety, praised the recently implemented rule in a statement: “The regulation is a monumental advancement of safety for children, pedestrians, bicyclists and other vulnerable road users.”
In 2002, Dr. Greg Gulbransen unknowingly backed his vehicle into his two-year-old son, Cameron, whose name was the inspiration for the original 2008 law. Dr. Gulbransen expressed his mixed emotions at the rule’s implementation: “It’s a bittersweet day because this rule should have been in place many years ago. Though his own life was short, my son Cameron inspired a regulation that will save the lives of countless others.” He added, “It’s been a long fight, but we’re thrilled this day has finally come.”
The Rule
Under the new regulations, cars weighing under 10,000 pounds must be built with rearview cameras and corresponding dashboard displays. Many luxury vehicles already contain these cameras, but under the new rules, all vehicles – even the cheapest ones – must have back-up cameras. The display must also show a 10 foot x 20 foot area to the car’s rear.
Some have argued that the new regulations will ultimately burden the consumer who will have to pay an extra $140 on vehicles without dashboard displays and an extra $40 on vehicles with such displays. However, as advocates have argued, the lives saved will offset the financial burden.
Tests
As described in a detailed report by Reuters, the 2008 law, signed by President George W. Bush, asked the DOT to research the best methods for deterring motor vehicle accidents while backing up.
Accordingly, the NHTSA began to run tests at a facility in East Liberty, Ohio. Drivers, unaware of the purpose of the tests, were given vehicles outfitted with different safety features – some cars had cameras, others were given sensors and still others were given extra mirrors. Drivers were tasked with reversing their vehicles, not knowing that a 36-inch-tall dummy lay in the “kill zone” behind them. Time and time again, researchers found cameras to be the most effective deterrent. By 2008, the agency had run dozens of tests, and by 2012, they had run 100s.
Pushing the Deadline
When the NHTSA sent their results to OIRA for approval, the regulation was initially approved and submitted to a 60-day period of public comments. Following the public-comment period, just days before the statutory deadline (February 28th, 2011), OIRA decided it needed more tests and more data. The agency could push the deadline because of a loophole in the law that allowed the DOT to submit justificatory notes to the appropriate committees.
Delay After Delay
In the end, the DOT was forced to send at least five separate justificatory notes to the House Energy and Commerce Committee because OIRA continually expressed its disapproval of the research. No matter how much OIRA contested, the tests kept showing the same results. It wasn’t until 2014 – after the Public Citizen Litigation Group filed a lawsuit requesting a new rule within 90 days – that OIRA approved the regulation. Scott Michelman, a Public Citizen attorney, opined as to the reason for OIRA’s change of heart: “They didn’t want to have to explain themselves in front of the Second Circuit.”
Thanks to the advocacy of Public Citizen, the roads might now be a little safer.
