Detroit News, August 7, 2003
WASHINGTON -- A federal appeals court Wednesday ordered the National Highway
Traffic Safety Administration to rewrite a regulation that will require low tire
pressure warning devices in new cars.
The 2nd U.S. Circuit Court of Appeals in New York called NHTSA's tire-warning
rule "arbitrary and capricious" and contrary to Congress's intent in passing a
tire safety law.
NHTSA wanted to give automakers two options to comply with the mandate: using
"direct" systems that warned drivers of a loss of pressure in any tire or
cheaper "indirect" systems, built on anti-lock brake technology, that sound if
one wheel spins faster than another.
Public Citizen, the Center for Auto Safety and the New York Public Interest
Research Group argued in court that the "indirect" systems were ineffective
since they would fail to signal a warning if two tires on the same axle were
underinflated, or all four vehicle tires were underinflated.
The court agreed with the safety groups' argument and ordered NHTSA to rewrite
the regulation.
"The bottom line is safer tires and fewer tire failures," said Clarence Ditlow,
executive director of the Center for Auto Safety. "The other system was just
flawed, allowing underinflated tires to roll down the road."
If the regulations are rewritten to allow only the "direct" systems, it will
mean higher costs for automakers. NHTSA estimated the "direct" systems cost
$66.33 per vehicle versus $30.54 for "indirect" systems.
"Both systems are on the road today and have shown they are useful for
consumers," said Eron Shosteck, spokesman for the Alliance of Automobile
Manufacturers.
"They both provide a safety benefit and should continue to be available."
NHTSA spokesman Rae Tyson said the agency has made no decision on whether to
appeal.
"We'll review the decision and act appropriately," Tyson said.
NHTSA issued the tire warning regulation in May 2002. The agency was fulfilling
a requirement of the TREAD Act, the law Congress passed in Oct. 2000 following
the Firestone tire recall.