Air Bag Deactivation OK Is Unlikely to Deflate Critics

The federal government’s decision Tuesday giving consumers the option to deactivate their own air bags will force millions of motorists into the awkward position of making their own critical safety judgments.

Although federal officials insist that air bags are still effective, the unprecedented decision represents a compromise in practical politics. But it is unlikely to calm consumer concerns over air bags any time soon and may further add to confusion.

The U.S. Department of Transportation, responding to a flurry of air-bag-related deaths, issued its long-expected rule Tuesday to allow people perceived to be at high risk of injury from air bags to have cutoff switches installed in their vehicles.

Under the new policy, individuals who qualify under four high-risk categories can apply for government approval to have a cutoff switch. But federal officials warned that they do not intend to verify the legitimacy of each application.

Government officials admit they have no idea how many consumers will switch off their air bags, but some safety experts put the figure as high as 6 million.

The ruling at best represents a temporary fix for an intractable safety problem with no easy solution. It also is an unusual policy detour for safety regulators, whose business is to protect the public from unsafe products. Instead, consumers will have to decide on the effectiveness of air bags, a federally approved device that is mandatory in all new cars.

Although some safety officials say the move will empower and enlighten consumers, others say the decision has the potential of further confusing an already perplexed public.

“The controversy over air bags will be with us for the next five years,” predicted Joan Claybrook, president of Public Citizen, a safety advocacy group.

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At a press conference in Washington, Transportation Secretary Rodney Slater said air bags are one of the most difficult, complex issues the agency had ever tackled.

“Air bags are like medicine,” he said “They can save lives but can have bad side effects.”

Air bags have long been a center of controversy. Auto makers fought their introduction more than 20 years ago and only gave in when the government mandated their use in the 1990s.

The problems surfaced about two years ago as the number of vehicles with them began to increase. Public concern mounted as reports surfaced of the gruesome deaths of children hit by air bags at 200 mph.

Air bags have killed 87 drivers and passengers, including 49 children, in recent years, according to the National Highway Traffic Safety Administration. About 67 million vehicles are equipped with air bags, which have saved an estimated 2,600 lives.

Regulators said there is much misconception among consumers about air bag safety and few people should consider cutting them off. In most cases, the risks posed by air bags can be eliminated by simple steps, such as not putting children in the front seat or wearing seat belts.

“Turning off the air bag itself carries significant risk,” said NHTSA Administrator Ricardo Martinez. “It is your lifeline in the violence of a crash.”

Nonetheless, the new rule allows cutoff switches for: individuals who are forced to place rear-facing child seats in the front seat, generally because there is no rear seat in their vehicle; those who have certain severe medical conditions; shorter individuals who must sit within 10 inches of the steering wheel; and those who must use all the seats, including the front ones, to transport children.

Generally, the only worrisome medical conditions are some forms of scoliosis, a malady that causes people to hunch over.

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Those wanting to have cutoff switches installed must obtain a two-page application, available from the NHTSA, auto dealers, repair shops or state motor vehicle groups. They will also be given a brochure on air bag safety.

On the application, they must attest that they have read the brochure and understand the pros and cons of turning off an air bag. They also must certify that they or someone they transport are in one of the four at risk groups.

If the application is filled out properly, the NHTSA will approve it within a week. A dealer or service station can install a cutoff switch when presented with the approval letter. Installation will cost an estimated $100 to $150.

The NHTSA will start taking applications immediately and expects to issue approvals starting in December. Installations of the switches can begin Jan. 19.

The switches will include a dash light that comes on when the air bag is turned off. Auto makers will not be permitted to provide cut-off switches as standard equipment. And retrofitted cars can be sold to new owners without restrictions.

Martinez said the agency will not check the accuracy of the applications but simply approve them if they are properly filled out. “This is not a law enforcement exercise,” he said.

This perfunctory treatment could allow any auto owner, whether in an at-risk group or not, to disconnect the air bag and increase the likelihood of injury in a serious accident, some critics said.

“The only proof that NHTSA wants is a signature,” said Toyota spokesman Jeremy Barnes. “There are less-than-honest people out there who will say whatever they need to get their air bag cut off.”

NHTSA officials acknowledged Tuesday that abuses of the new policy could cause serious injuries and deaths among vehicle occupants left unprotected by existing air bags.

Toyota opposes deactivation, fearing that any tampering with the air bag system could compromise the vehicle’s overall safety protection. But the auto maker will provide cutoff switches to satisfy customers, he said.

Bob Lange, director of safety engineering for General Motors, said the weak approval process raises some concerns that more people will seek to turn off air bags than should. “Self-certification is a concern,” he said.

Regulators, however, said the process is unobtrusive, provides vital information to consumers, allows regulators to monitor the process and reduces the liability of auto makers and dealers.

The auto industry has deep concerns that deactivation could lead to costly product liability lawsuits. A consumer could presumably sue the manufacturer or installer if an air bag is off during an accident.

But dealers, who raised the biggest liability concerns, seemed satisfied with the compromise reached with the NHTSA. The agency originally planned to allow deactivation on demand with no government approval.

Douglas Greenhous, director of safety for the National Assn. of Automobile Dealers, said most dealers will require consumers to sign a waiver of liability before installing a cut-off switch.

But independent service station operators said they would not handle the installations. “Liability waivers are not worth the paper they are written on,” said Bob Anderson, chairman of the Automotive Service Assn., which represents 12,000 repair-shop owners nationwide.

Consumer groups expressed general support for the NHTSA’s decision but said it did not provide consumers with adequate information. Claybrook said consumers should be apprised of which air bag designs are most effective and the power with which they deploy. For instance, she argues that vertical-deploying air bags are safer than those that explode horizontally.

“What is lacking is information consumers need to make an informed decision,” she said.

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Before the issuance of Tuesday’s rule, the NHTSA had taken a number of steps to mitigate air bag dangers. It requires all vehicles to be equipped with prominent warning labels. The agency allowed auto makers to equip cut-off switches in vehicles without back seats, such as pickup trucks. Earlier this year it allowed auto makers to begin minimizing the force at which air bags are deployed.

The ultimate solution, according to regulators, is the introduction of so-called “smart” air bag systems. Such a device could optimize its deployment by sensing the presence, size and position of a person in a crash. But the introduction of smart air bag systems is several years away. The NHTSA expects to issue rules requiring smart systems next year.

For more information, the NHTSA has both a hotline, (800) 242-9393 and a Web site (https://www.nhtsa.dot.gov).