How long should car makers be forced to keep company records of their product safety defects and malfunctions?
Right now, under federal law (49 C.F.R. 576), American automotive manufacturers only have to retain internal records of safety defects in their products for a mere five (5) years. Considering that cars, pickups, minivans, and SUVs may be driven on the roads of Indiana and Illinois (as well as the rest of the country) for two decades or more, many believe that this law needs to change.
Specifically, the federal law requires manufacturers of (1) motor vehicles, (2) tires, and (3) child restraint systems to retain “all documentary materials, films, tapes, and other information-storing media that contain information concerning defects and malfunctions that may be related to motor vehicle safety.” 49 CFR 576.6.
The debate is pretty much over; most agree that five (5) years is not long enough. The rule is up for revision. The question today is how long should car makers be legally required to hold onto evidence of their defective products?
Formally a Notice of Proposed Rulemaking has been issued pursuant to Section 24403 of the FAST Act (Fixing America’s Surface Transportation Act). The new Act requires an extension of the time frame to ten (10) years or more, and directs the National Highway Safety Transportation Administration (NHTSA) to oversee updating federal regulations accordingly.
This week, safety advocates at the Center for Auto Safety sent their formal response to NHTSA’s Notice. They urge that the rule be changed to require motor vehicle manufacturers (Ford, GM, etc.) keep company records of safety defects and malfunctions for a minimum of twenty (20) years.
The CAS considers the current requirement of five (5) years’ record retention as “woefully inadequate and outdated.”
Need for Long Term Automaker Record Retention Law
The CAS arguments come from their perspective as safety advocates researching defective products and flawed design in motor vehicles and automotive equipment. However, their arguments jive with the interests of the accident victim who has suffered severe or fatal injuries in a motor vehicle accident.
Both perspectives (safety groups and accident victims) are concerned with making sure that potential evidence of a design defect or defective product is not tossed by the car manufacturer before the documentation can be reviewed by investigators.
One problem pointed out by CAS is that it may be many years after the initial design documents are created before the actual vehicle or car part hits the line, and is manufactured and sold to the public. Much later still, before fatal crashes occur that have been caused by the design defect or malfunction.
Those early design documents may be crucial to proving the existence of a defect. Even a ten (10) year requirement (currently being considered by NHTSA) may not be long enough.
“This isn’t about records; this is about safety,” explains CAS.
The safety group gives two examples: (1) under a 10-year record retention policy, General Motors could have tossed out records related to the detent plunger change that resulted in hundreds of ignition switch related deaths and injuries, and (2) Takata could have destroyed all records related to the design of exploding airbag inflators.
Of course, car makers argue that it is unduly burdensome to force them to archive and maintain so many documents and records. However, CAS points out that no one has provided evidence of how this is so burdensome. Moreover, in defending themselves against personal injury claims these same automakers “… routinely preserve decades-old documents for use in product liability defense.”
Defective Car Parts: OEM and After-Market Parts in a Fatal Crash
Anyone involved in a serious or fatal motor vehicle accident where one or more of the vehicles (car, truck, minivan, SUV, sedan, motorcycle, semi-truck) is not fresh off the lot needs to consider if the crash was caused, at least in part, by a defective product. The older the vehicle, the more investigation needs to be made into the parts themselves and if they are “OEM” or “After-Market.”
OEM or After-Market Parts
Owners are given the choice between having an “OEM” or “After-Market” part installed on their vehicle during any routine service or repair.
- An OEM (“Original Equipment Manufacturer”) part comes from the manufacturer of the vehicle. The OEM part will be the same as the one that came with the vehicle when it hit the marketplace. OEM parts are purchased through a car maker’s dealership and almost always come with a warranty. They are also more expensive, which has led to the competing parts market.
- An “After-Market” part describes anything that is not OEM. Any part that does not come directly from the motor vehicle’s manufacturer is considered “After-Market.”
Lots of different companies are in the business of making “after-market” car parts. Usually, they are offered at a cheaper price than the OEM part. Whether or not they are of the same quality is debatable. Even though the “After-Market” part may have a dodgy reputation, it is interesting that most insurance adjusters will insist that they be used in lieu of OEM parts when authorizing repairs after an accident claim has been filed.
Seeking Justice after a Fatal Auto Accident involving Older Cars or Car Parts
For accident victims and their loved ones, it is important to investigate the reasons why the crash occurred, so all those legally liable for the consequences of that accident can be held accountable.
Not only will investigators delve into the possibility of road hazards, distracted driving, or speeding as contributing to the incident, they will also consider if a failure of a car part (tire, brake, door, roof, air bag, etc.) proximately caused the victim’s injuries or death.
These investigations must include reviewing the manufacturer’s documentation regarding the motor vehicle itself and its component parts.
If a defective part is discovered, then further investigation may be needed to determine the parties legally responsible for that part: if it is an OEM part, then it will be the car maker; if it is an “After Market” part, then it will be the manufacturer of that part (and not the vehicle’s manufacturer).
This federal records retention rule only applies to OEM parts and the records of car makers and tire manufacturers (along with child restraint makers). It does not apply to companies in the business of making After-Market parts. Continued investigation may be required in these situations.
It is essential that car makers be required to retain their safety records for a significant amount of time. With today’s electronic storage capabilities, this should be easy enough for these corporations to handle.
Today, we face a record number of fatal motor vehicle accidents in this country. Please be careful out there!
