Insurers Ask Feds For Auto ?Black Box' Use Rule

By Daniel Hays

NU Online News Service, Feb. 26, 3:33 p.m.EST?An insurance trade group is asking for federalrequirements on automobile "black boxes" known as EDRs (event datarecorders), so the machines report human as well as mechanicalfactors involved in an accident.

The request from the National Association of IndependentInsurers in Des Plaines, Ill., was made in a letter to the U.S.Department of Transportation after the National Highway TrafficSafety Administration asked for public comment on the concept ofblack box standards.

NAII said it would like to see EDR data available to improveaccident reconstruction and the allocation of negligence orresponsibility among the drivers and other parties involved in acollision. It suggested laws on the subject should be made at thestate level.

Susan McKenna, an NAII spokesperson said, referring to theNHTSA, "We want them to develop black boxes to collect data anddon't want them inhibited by privacy issues."

Terry Tyrpin, NAII senior vice president, insurance and researchservices said there have been no parameters for EDRs and the ideawas to create a baseline for manufacturers. Most use to date hasbeen limited to auto manufacturers, he said.

He said NAII's reading of the NHTSA's request for comment isthat the agency is most concerned with using EDR data "to plow itback into engineering and to enhance traffic safety."

Mr. Tyrpin said NAII gave NHTSA its view that EDR uses shouldnot be limited to car manufacturers and the safety agency and thatthey "Ought to be thinking outside the box."

The agency, he said should be "recognizing privacy and ownershipissues and that there may be other stakeholders."

At the moment, he said black boxes only record whatmanufacturers program them to and the federal agency seems to viewtheir use only in terms of safety engineering.

"EDRs can and should play a major role in advancing motorvehicle safety research," Mr. Tyrpin said. "With that goal in mind,we recommend that EDR engineering be mainstreamed so thatinformation systems' technicians, regardless of their industry orfield, have the skill sets to service EDRs or at least download andinterpret its data.

"NAII believes that there could be a much broader use of EDRdata in the future and accordingly, a demand for greateraccess."

In its letter to DOT, NAII recommended that standards for EDRsbe flexible enough to address any manufacturer's concerns and alsoencouraged the private sector to become involved, fostering greatercompetition.

"NAII urges your agency to move forward on the task ofdeveloping data elements and retrieval standards for EDRs," Mr.Tyrpin wrote. "EDR data elements should be created with properattention given to uses beyond the scope of safety, engineering orresearch. In the interest of achieving greater regulatoryflexibility it would appear proper to also investigate a state rolein setting standards for collection, storage and rights to accessEDR data."

The NAII said that a legislative solution to EDR data collectionand access should be crafted at the state level. The group saidthat is the governmental tier where many fundamental motor vehicleand driver compliance programs are currently administered.

The NAII also said it agreed with the Insurance Institute forHighway Safety's

recommendations for EDRs, recognizing the expertise IIHS'sextensive experience in crash-testing motor vehicles over the lastseveral decades.

"As we understand it, the data captured by the EDR could beconveyed to data transmission hardware in a vehicle, such as anOn-Star system and others like it. The system then relays thereport of a collision or the likelihood of an injury to an outsideemergency service unit or network," explained Mr. Tyrpin.

"If data elements collected by the EDR could help a rescue teamor paramedics better assess crash-related injuries or thelikelihood of injuries, NAII trusts the agency will be receptive toguidance from the automatic crash notification systems and otherrelated medical assistance organizations on just which dataelements are critical," he said.

Mr. Tyrpin noted that, "Under the tort liability system rules,it is often difficult to settle issues of fact relating to anaccident. EDR recorded data elements could help accidentinvestigators and claim adjusters separate fact from fiction andlead to more equitable decisions that affect litigation andliability arising from a crash case. The result could be areduction in lawsuits arising out of personal

injuries in a crash."

He added that many kinds of factual issues become relevantparticularly when a personal injury suit is filed in an accident.EDR data elements that could provide factual detail relating to thecircumstances immediately prior to a crash.

EDRs, he said could report seatbelt usage at time of crash,speed or direction of vehicle, braking action or lack thereof,whether the vehicle navigation lights were illuminated.

It could also show position of the gear selector and whether aspecial power distribution feature such as traction control, anactive handling system or four wheel drive was in use.

Additionally, it could record whether a turn signal indicatorhad been activated prior to the crash, exact time at which acollision/occurrence took place and the last action/position of thedriver before the collision.

Mr. Tyrpin said NAII anticipates that police and prosecutorsmight be interested in evaluating the use of EDR data tocorroborate witness accounts.

NAII said it is encouraging NHTSA to continue its dialogue withall EDR stakeholders and to expand the participants in its EDRWorking Group to get even broader viewpoints.

"NHTSA's goal should be to promote more inclusion of state levelgovernmental and private sector interests so that the debate onthese issues is as well-rounded and uninhibited as possible," Mr.Tyrpin concluded.

The NAII said its 715 member property-casualty insurancecompanies write more than $98 billion in annual premium or morethan 31 percent of the nation's p-c coverage.