EMPTY
WINDSHIELDS
The
circuitous route of Vehicular State Safety Inspection Programs.
As
a transplanted North easterner, I grew accustomed in a subtle safety
way, to see a small calendar- driven State Vehicle Safety Inspection
sticker prominently displayed on a vehicle’s interior windshield.
Usually in bold red square Gothic letters , it boasted the month and
year of expiration. There was a sense of accomplishment, of
responsibility that my vehicle successfully passed a safety test. I
had one on my windshield and everyone I knew had one on theirs. In
fact, I knew of no one legally and for any length of time, driving on
a public road (day or night) with out one.
Years
ago when a vehicle failed the safety inspection, the owner was shamed
into riding around with a bright oval REJECTION
sticker prominently displayed on the windshield. And you had 30 days
to correct the defect. ( New Englanders love their “Scarlet
Letter” moments.)
As
I traveled our Nation’s interstate highways and state roadways I
must have unconsciously assumed that every vehicle I saw had
successfully passed a state -mandated vehicle safety inspection of
the important mechanical operations; brake function, tail lights
working, turn signals operating correctly, and the measurement of a
tire’s tread depth. Important safety items.
When
you hail from a state that requires vehicle safety inspections
(VSI) as an integral component of maintaining your your vehicle’s
registration , you are resigned to experience the pressure of having
your driving privilege in the hands of an auto mechanic . And when
your vehicle has “passed” the inspection, once the inspection
mechanic (registered and licensed by the state) peels the adhesive
from the back of the sticker and pastes the 2.5” rectangle onto
your interior windshield you can drive away with a level of
confidence in those crucial vehicle safety mechanicals. And breath
a sigh of relief.
But
now I live in Myrtle Beach, South Carolina- a state that does-not
have a Vehicle Safety Inspection Program (VSIP.) How can this be ?
Maybe the blue SC- registered VW ahead me on Farrow Boulevard has
worn brake linings! Is the traveling public at risk? Am I at risk?
And if SC doesn’t have a VSIP, how many other states do not? Am I
safer on a VSIP- state road? Do VSIP states have better accident
avoidance rates? There are studies that speak to this quandary. But
first a brief history of state sponsored safety inspection programs.
What
began as a volunteer safety inspection program in Massachusetts in
1926 was soon followed by state mandated programs amongst some states
and then ultimately a National mandated program requiring all states
to implement a VSIP via Congressional legislation in 1966. This Act
set the stage for a classic state sovereignty versus -federal
mandate struggle. And we know the outcome.
Only
15 states have a mandated VSIP as of 2016. In fact, Mississippi just
recently
repealed its
VSIP in 2015. And North Carolina ( see below) is teetering on
abandoning theirs, too.
TABLE :GAO ,
Appendix II
Most
states without a mandatory VSIP allow patrolling officers to stop a
vehicle and, if deemed necessary in the opinion of the officer, may
require certain safety inspections before it is allowed to continue.
( Thank God!- we have all seen a vehicle on the roadway that has met-
or exceeded this test.)
Some
states require a safety inspection by the age of the vehicle
measured from date of initial registration. In Delaware once the
vehicle reaches 5 registration years , it is subjected to a VSI. In
Utah the Beehive state, once a vehicle attains the registration
age of 10 years an annual VSI is required .
The
following states have annual inspections regardless of the
registration age ; ME, MD , MA, NH, NY, NC , PA ( also emissions
inspection in certain population centers like Pittsburgh and
Philadelphia as a result of the Clean Air Act, 1990;) and TX.
Louisiana and Rhode Island require a VSI every two years.
In
some states, inspections are done at state-operated garages, usually
located somewhere near the local DMV office. Drivers in other states
have the option to go to privately owned garages that are eligible to
conduct inspections with approval from the state DOT.
In
1926 Massachusetts was the first state to promulgate vehicle safety
standards via inspections but on a voluntary basis. New York and
Maryland soon followed. In 1927 these states sought a volunteer
inspection program, sponsored by AAA under the slogan: “
Save a Life.”
By 1966 21 states had implemented mandatory VSIPs. But Washington
was intent on requiring all 50 states to enact such requirements.
In
1966 Congress passed the Highway
Safety Act
which mandated every state to introduce and maintain a VSIP. That
same legislation established the National
Traffic and Motor Vehicle
Safety
Act
(NTMVS)
which
promulgated national standards for
vehicle registration, operation and inspection. And contained within
the Highway
Safety Act’s
directives was the The
Highway Safety Program
which provided states with funding to implement the federally
mandated VSIP but with a firm deadline: December 31, 1969. That was
47 years ago.
Washington
had created a classic confrontation between the national government
and the states. A one size fits all vehicle safety inspection
program for our nation was sure to encounter obstacles. States
balked. So by 1976 Congress had weakened the Highway
Safety Act’s authority
to enforce its own VSI regulations. Hence the hodgepodge of VSI
regulations we have today. The original VSIP states- mostly in the
Northeast became sort of original colonies once more.
It
wasn’t until 1970 that Congress amended the Highway
Safety Act
to create the National
Highway Traffic Safety Administration
with the following mission :“ to help reduce the number of deaths,
injuries and economic losses resulting from motor vehicle crashes in
the Nation’s highways.”
Of
course key questions arise concerning the efficacy of a VSIP.
First,
is there a measurable effect regarding vehicle accident history in
states with an active VSIP versus those without?
Second,
are the costs to administer such programs ( inspection fees paid by
the public, administering State bureaucracies ) less than, equal to,
or greater than the benefits derived from a VSIP? Less accidents,
less insurance costs, less angst.
The
answers of course are not easily discernible.
There
are many studies which evaluated the effectiveness of a safety
inspection program. There has been a cascading race to conduct VSIP
studies; and studies to study the original study and studies to
study a compilation of studies ( in a per-review situation.)
Publication literature on this topic can be dizzying. But many
studies seem to have some unmeasurable threads which disturb a
purely statistical analysis. They are driven by anecdotal information
, personal observations and the domains of the stakeholders (
Advocacy groups like Automobile Repair Association, NHTSA, AAA and
participating state governments.).
Most
studies begin with a conjecture : a Vehicle Safety Inspection Program
is a factor is reducing vehicle accidents .And
not surprisingly with such a complicated platform of analysis, for
every determinant justifying a VSIP there is a corresponding study
that found the search for such evidence to be elusive at best and
in some studies totally unjustified. For example A GAO report“
Vehicle Safety Inspections (2015)” cited a NHTSA figure that
vehicle component failure is a factor in 2-7 % of all crashes. But
the report noted that such a “relatively small percentage” makes
it difficult to “determine the effect of inspections programs
based on crash data.”
One
of the most prominent and cited analysis was conducted by Cambridge
Systematics, Inc. for Pennsylvania’s Department of Transportation.
The report issued March 2009 used as it basis for statistical
analysis the Federally maintained “Fatality Analysis Reporting
System.”
Measuring
the level and frequency of fatalities
and
not a general analysis of traffic accidents, the report concluded:
“states with vehicle safety inspection programs have significantly
[fewer] fatal crashes than states without programs. The results of
the research clearly demonstrate that the Vehicle Safety Inspection
program in Pennsylvania is effective and saves lives.” The report
noted the level of fatalities seems to increase with the age of
vehicles; 3 model year old vehicles and up were more apt to be
involved in a fatal car crash.
But
there are many studies that analyzed the cost effectiveness of
Periodic Inspection Programs. One by Arthur Wolfe and James O’Day
, (1985) published by the University of Michigan’s Transportation
Research Institute
studied 41 such studies witch sought evidence that “ requiring all
motorists to have certain safety components-inspected and repaired-
on a regular basis are less than the benefits gained from inspections
in terms of safer vehicles and fewer vehicle-defect accidents.”
Their
conclusion: “There is credible evidence that existing vehicle
safety inspection programs are not as reliable in detecting degraded
safety components and forcing their repair.”
Anther
study appearing in Public Choice Magazine, December 2002 written by
Daniel Sutter and Marc Poitras titled : “ Political
Economy of Automobile Safety Inspections”
which zeroed in on the key stakeholder in any mandatory vehicle
safety inspection program-the State bureaucracy that administers it,
or put in another way- public interests versus political interests.
The article concludes: “ Recent studies find that safety
inspections fail to improve highway safety.” And , “ the
continued existence of inspection programs can be attributed to
political transactions versus demands of interest groups.” Or ,
states with a VSIP have enormous political capital invested in such
programs.
Another
study conducted by Sutter and Poitras as published in the Southern
Economic Journal,
April 2002, concluded that “ Inspections had no significant impact
on the number of older cars on the road or the amount of revenue that
repair companies earn.”
And
to begin to bring VSIP s perilously close to the precipice of
effective doubtfulness, North Carolina General Assembly’s Program
Evaluation Division recently set about to determine , “ if the
state’s vehicle safety ( and emission) programs are effective for
required mechanical systems.”
The
Report’s ( #2008-12-06, 2008) conclusion : “No evidence exists
that safety inspection programs are effective” and North Carolina
should “ reevaluate the need for a safety inspection program.”
The Report also recommended that vehicles 3 model years or less
should be exempt for the program should it continue. As noted above
advocacy stakeholders in this debate have a big stake in the
program. North Carolina allocates over $40,000,000 to its inspection
program annually.
The
international community also grapples with vehicle safety
inspections. Japan has completed evaluations of the effectiveness of
vehicle safety Inspections. Writing in the Social
Science Research Network Journal
, K. Saito, June , 2009 produced an article titled: “ Evaluating
Automobile Inspection Policy Using Auto Insurance Data” which
investigated the relationship between care age and accident rates.
The author concludes that there is :“little evidence that accident
rates decline due to safety inspections… most vehicle accidents are
not caused by mechanical failure.”
A
visit to the NHTSA’s website reveals their position ( as April,
2014) advocating for a VSIP a position which has not changed in 47
years.
It
states:
“Each
State (should) have a program for periodic inspection of all
registered vehicles to reduce the number of vehicles with existing or
potential conditions that may contribute to crashes or increase the
severity of crashes that do occur, and should require the owner to
correct such conditions.
1. An inspection program would provide,
at a minimum, that:
a.
Every vehicle registered in the State is inspected at the time of
initial registration and on a periodic basis thereafter.
b. The
inspection is performed by competent personnel specifically trained
to perform their duties and certified by the State.
c. The
inspection covers systems, subsystems, and components having
substantial relation to safe vehicle performance.”
There
are numerous organizations advocating for a VSIP. The American
Association of Motor Vehicles Administrators which represents “
states and Provincial ( Canada)officials who administer and enforce
vehicle laws” including vehicle safety, recommends member
jurisdictions “ … implement mechanical safety inspection
programs… ( Amended 2013)”
Those
advocating a VSIP maintain that many accidents are caused by
defective vehicle components; periodic inspection programs are vital
to insure minimum safety standards are met. But critics of a VSIP
believe that owners are self-encouraged to maintain their vehicles
in a safe manner. Also auto manufacturers are building more durable
components with built-in deterioration warnings.
The
Automobile Service Association which advances “professionalism and
excellence in the automotive repair industry “ and a strong
advocate of VSIPs believes the Federal government should offer
incentives to States to either institute a VSIP or enhance existing
ones and offers another advantage of such programs: “ VSIPs provide
an avenue for increased recall awareness.”
It
just seems common sense that a vehicle that has successfully passed
a safety inspection is a safer vehicle – to drive and drive aside.
But the evidence does not support this conclusion.
A
flaw in the collection of accident data and evaluation of the
efficacy of VSIP, especially
the safety factor maybe
a result of lack of information collected in a vehicle accident
incident report (IR). Most officers completing an IR, for a
multitude of reasons, not the least of which is is the inability to
ascertain such information in a timely and cost effective manner, do
not measure the tread depth nor brake lining caliber nor does an IR
determine brake light or turn signal function status, all of which
are integral components of a VSIP.
Perhaps
a more comprehensive IR data collection system might help to measure
such safety factors. Another opportunity to find compromise on this
issue could be what some states are doing and have done; give
amnesty to inspections for model years 4 and under. Maybe 5.
Perhaps
auto insurers could offer policy discounts to owners registered in a
VSIP mandated state . And offer discounts to insurers who
voluntarily have their vehicles inspected according to “industry
-designed standards.” If only the data could support such
incentives. But it doesn’t.
But
I put aside this algorithm dance when I am stopped on a steep
incline at a red signal and watch as a 1988 red Buick Le Sabre comes
rolling down in my lane with a headlight dangling from its front
frame and a glistening cracked windshield. I hold my breath when I
see its empty windshield.
END