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Shifting Out of Park - Lawyers & Judges Publishing Company, Inc.

Shifting Out of Park

$ 25.00

Shifting Out of Park: Moving Auto Safety from Recalls to Reason is an in-depth examination of the automobile recall process by Dr. Kevin M. McDonald. Despite vehicle safety being at an all-time high, NHTSA issues as many as 30 million vehicle recalls per year — more vehicles recalled than sold annually. This book explores that paradox and proposes reforms to make the recall process more effective and cost-efficient for all parties.

From judges and lawyers to auto designers and concerned citizens, this book serves as a comprehensive resource on vehicle recall law, litigation, and regulation in America.

  • Author: Kevin M. McDonald
  • ISBN-10: 1-933264-16-0
  • ISBN-13: 978-1-933264-16-5
  • Copyright: September 1, 2006
  • Pages: 336
  • Binding: Softbound
  • Size: 6 x 9 inches

Topics Include:

  • History of the NHTSA recall process
  • Driver, roadway, and vehicle safety — human factors in traffic safety
  • Regulation and legislation of the recall (including the TREAD Act)
  • Litigation of the recall — Parts I and II
  • Judicial review of recall orders
  • Cost-benefit analysis of the recall program
  • Comparisons with EPA, CPSC, FDA, USDA, and agencies in Australia, Canada, and Germany
  • Proposals for improving recall response rates and program effectiveness

Table of Contents

Chapter 1: Introduction
Chapter 2: Who’s to Blame? A Reality Check
Chapter 3: Regulating the Recall
Chapter 4: Litigating the Recall, Part I
Chapter 5: Legislating the Recall: TREAD
Chapter 6: Litigating the Recall, Part II: Undermining NHTSA’s Recall Authority
Chapter 7: Learning From Ourselves … and Others
Chapter 8: Recall the Recall

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SciTech Book Reviews
SciTech Book Reviews

McDonald (assistant general counsel for Volkswagen of America, Inc.) describes and criticizes the development of automobile product safety law in the US from the 1966 creation of what would become the National Highway Traffic Safety Administration NHTSA onward. He argues that the system leads to far too many vehicle manufacturer recalls without any tangible benefit in safety. He explains this as being due to judicial misinterpretation of the statutes governing recalls, the use of outdated recall processes resulting in lower owner response rates, and failure to hold vehicle owners responsible for failing to attend to recall repairs. He proposes reducing reporting requirements mandated by the Transportation Recall Enhancement, Accountability, and Documentation Act of 2001, increasing penalties on drivers who fail to tender vehicles for recall repair, and limiting NHTSA investigation of defects only to those that truly present an "unreasonable risk to motor safety," a legal standard he suggests has been made meaningless by the courts and the NHTSA over the years.

M
Michael Hoenig
"For The Defense" journal of DRI - The Voice for the Defense

Summarized review: Shifting Out of Park focuses on automobile safety, particularly as it has been regulated by NHTSA, the federal safety agency charged with promulgating motor vehicle safety standards, conducting defect investigations, ordering or overseeing "defect" recall campaigns, dispensing consumer information, and performing or promoting research into safety issues of the future. Most lawyers find the regulatory labyrinth vexing or daunting, but Mr. McDonald demystifies the agencys process so clearly, it seems as if the reader is a ringside spectator. The beauty is in the lucidly presented details. Chapter 2, for example, offers a "big picture" of the really influencing factors in the universe of vehicle crashes. (Hint: vehicle defects play only a small role.) Speeding, alcohol, and driver distraction are the major causes. Chapter 3 gives a fast-paced history of the regulatory recall process. Chapter 4 reviews the most important court decisions defining the circumstances under which recalls must be conducted. Chapter 5 parses the regulatory regime installed as a result of the TREAD act of 2000 that followed the Ford/Firestone brouhaha. Chapter 6 reviews the law of preemption, expressed and implied. Chapter 7 examines how other federal agencies and some foreign countries govern their recall processes. There are lessons to be learned. Chapter 8 summarizes major points and offers suggestions for improvement of NHTSAs governance of recalls. All defense counsel should be interested in the books discussion of crash causation. The relevance of the book to class action lawyers is evident. Further, as educated professionals, we should be fully informed on what really happens on the nations highways and what actually traffics behind the closed doors of the safety agency. As responsible citizens and as skilled advocates, we ought to be in a position to assess if anything is wrong with a regulatory process we pay for and then help find way to fix it. Perhaps that is the most compelling reason for buying and devouring this book.

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