TREAD Act great in theory, not so good in execution

Many disturbing issues about how auto and tire manufacturers do business came to the surface in the wake of the Ford/Firestone tire fiasco. The public believed that a catastrophe of this nature was no longer possible thanks to advanced testing technology, consumer watchdog organizations, and government regulations. Was it possible that nobody knew about the 6.5 million defective tires manufactured over the course of a decade, which ultimately cost the lives of at least 88 people?

It seems that there were at least two organizations that knew: Ford and Firestone. Congress did not take kindly to what it saw as a clear case of feet-dragging when it came to notifying the National Highway Traffic Safety Administration (NHTSA) and the buying public. Ford claimed on several occasions that when they began receiving reports of faulty tires on their Ford Explorers, they could not get the test data from Firestone they needed to make a clear assessment of the danger.

No matter where the fault lay, it was apparent that tighter regulations about how companies in the automotive industry did business were needed for the safety of the consumer.

In November, 2000 President Clinton signed the Transportation Recall Enhancement, Accountability, and Documentation (TREAD) Act into law. The spirit of the law is to regulate the way that tire manufacturers report defects to the NHTSA. In all, there are nine different components that affect the tire industry including installing tire pressure monitoring equipment in all tire to warn of improper inflation, implementing an “Early Warning System” to track potential tire defects, and new testing and labeling requirements.

However, there has been a lot of criticism about the law. Some members of Congress and consumer organizations are concerned about the amount of time it has taken for the NHTSA to implement the various aspects act. In an open letter to Dr. Jeffery Runge, NHTSA Administrator, members from several interest groups including the Center for Auto Safety and the Advocates for Highway and Auto Safety said: “Since 2000, the year in which the TREAD Act was passed, at least 41,462 people have died in rollover crashes. It is time to address this catastrophic loss of life and the tragic infliction of serious injuries.”

Others, including companies in the tire industry, state that some of the bureaucracy involved could be financially crippling to the tire makers themselves. And some believe that the regulations will not be effective, such as the NHTSA mandate that allows tires to be 25%-30% deflated before the vehicle driver is given any warning.

If you have been injured because of defective tires, tire separation, unexpected and unexplained blowout, or some other type of tire failure, contact the auto and tire experts at Jim S. Adler & Associates. We have over 30 years of experience protecting the rights of motorists in Texas, and we can help relieve the burden of mounting medical bills, lost time from work, and needless mental anguish. Call 1-800-505-1414  or click on the link on this page for a free case review.

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