It's been over five months since the National Highway Traffic Safety Administration informed Congress that a proposed regulation to enhance vehicle seats for improved safety would be published "in the coming months." However, the agency has yet to meet a congressional deadline it missed last November.
As per the infrastructure law enacted in November 2021, Congress mandated the National Highway Traffic Safety Administration (NHTSA) - the primary auto safety regulator in the country - to strengthen vehicle seats within a two-year timeframe, following a comprehensive CBS News investigation into seat back failures, injuries, and deaths.
Sophie Shulman, NHTSA's deputy administrator, mentioned to CBS News' Katie Krupnik during an event in Washington on Tuesday that the development of the regulation is still ongoing. She emphasized the critical importance of the issue and the agency's dedicated focus on completing the task.
Despite the ongoing efforts, the new proposed regulation remains in the "pre-rule" stage and has been stagnant for more than two years.
"Safety Advocates Push for Action on Outdated Seatback Standards"
Concerns have been raised about the safety of children in vehicles due to outdated seatback standards, prompting calls for urgent action.
"For too long, families have had to worry about the safety of their most precious cargo in their vehicles: children in the back seat," emphasized a Democratic Senator. "It has been more than two years since the provision requiring an update on seatback safety was secured, yet we still haven't seen action."
The call is for the National Highway Traffic Safety Administration (NHTSA) to prioritize and implement life-saving measures promptly.
An investigative report highlighted the vulnerability of vehicle front seats to collapsing in rear-end crashes, endangering children in the back seat. Safety advocates estimate that around 50 children lose their lives each year due to seatback collapses.
Footage from crash tests revealed the alarming scenario where front seats collapse backward upon impact, posing a significant risk to occupants in the backseat area.
Notably, NHTSA currently lacks a full-time congressionally confirmed administrator, raising concerns about the agency's ability to address critical safety issues.
In a recent statement, Senators urged NHTSA to take immediate action to update seatback safety regulations to prevent further tragedies. The urgency stems from the dire need to protect children from preventable harm in car crashes.
Last November marked 13 years since 16-month old Taylor Warner, was killed when the family minivan was rear-ended while at a stop sign. The force of the crash caused her father Andy Warner's seat to collapse backward, colliding with Taylor who was strapped in her car seat.
"I didn't want my daughter to die in vain, and I'm going to go to the end of the earth to make sure that this is taken care of," Andy Warner said.
He and his wife, Liz Warner, of Littleton, Colorado, advocate changing the seatback strength standard and hoped this year the new regulation would go into effect.
"As a mom, it just makes me angry," Liz Warner said. "Every day, I put my kids in the car and I worry — to this day — 'cause you don't know — it could happen again."
Safety advocates, including the Center for Auto Safety in Washington, D.C., are also frustrated about the missed deadline.
"It shouldn't require an act of Congress to get them to act on regulation. We shouldn't have to wait for people to die to take action," National Transportation Safety Board Chair Jennifer Homendy told CBS News.
She pointed out there have been multiple recommendations made by the [National Transportation Safety Board (NTSB), but "there hasn't been action."
"That tells me you're not serious about safety," she said. "So, get serious."
While NHTSA is the nation's top auto safety regulator, the NTSB is an independent federal agency focused on investigating civil transportation safety accidents and making recommendations to prevent future similar incidents.
Last November, 10 Democratic senators wrote to NHTSA seeking an update on the status of the 10 auto-safety improvements called for in the bill, including the seatback legislation.
NHTSA responded in a Dec. 22 letter to say it was "proceeding as expeditiously as possible to comply with the mandates and requirements of [the Bipartisan Infrastructure Law].
"NHTSA plans to publish an Advanced Notice of Proposed Rulemaking (ANPRM) in the coming months…and expects to complete the rulemaking after careful consideration of public input throughout the rulemaking process."
Senators Markey and Blumenthal were joined in the letter by Democratic Sens. Ben Ray Luján of New Mexico, Jack Reed of Rhode Island, Chris Van Hollen of Maryland, Elizabeth Warren of Massachusetts, Amy Klobuchar of Minnesota, Dick Durbin of Illinois, Ron Wyden of Oregon and Sherrod Brown of Ohio.
Transportation Secretary Pete Buttigieg, asked by CBS News in January what he would do about NHTSA's failure to meet the congressional deadline, responded, "When it comes to safety, the one thing that matters more than doing something in time for a congressional deadline is doing it right."
With a heavy heart, he stated, "NHTSA faces difficult decisions on a daily basis, as every action they take directly impacts the safety of lives. Their resources are stretched thin as they navigate through numerous regulations and obligations."
