Fatal Exit

Chapter 2 - Nothing Happens for the First Time: 1969-1998

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The first attempt to introduce automotive black boxes was between 1974 and 1998. It was a dead end.

MaryJo Kopechne died in an infamous late-night incident on Chappaquiddick Island, Massachusetts. Kopechne was in the passenger seat on 18 July 1969, when a car driven by Senator Edward Kennedy flipped off the Dike Bridge and into a large pond. Kopechne was trapped in the car and died at the scene. Kennedy escaped, but his failure to report the crash until the next morning led to a public scandal that scuttled his plans to run for president in 1972.

I sometimes wonder if Senator Edward M. Kennedy had his radio blaring that hot July night in 1969, when he drove off Chappaquiddick Bridge. If the radio was on, then it's possible that he could have heard Bob Dylan sing Blowin' in the Wind.1

In that classic tune, Dylan asked, "How many years can a man turn his head, pretending he just doesn't see?"

Maybe Kennedy did have his radio on that night, and maybe he didn't. As with nearly everything else connected with that controversial crash, the evidence is lacking - still blowing in the wind.

One thing is for sure: Kennedy survived the crash and the political aftershocks. As he was chauffeured around Washington, the Honorable Edward M. Kennedy served as Chairman of the Technology Assessment Board in 1975. The Technology Assessment Board was then being asked to evaluate the automotive crash recorder program proposed by the National Highway Traffic Safety Administration (NHTSA). How ironic for Senator Kennedy to have been integrally involved in assessing a possible solution for one of the most urgent problems of our time: motor vehicle related injury and death.

The Office of Technology Assessment (OTA)2 was created by the Technology Assessment Act of 1972 (2 U.S.C. 472) to serve the United States Congress by providing objective analyses of major public policy issues related to scientific and technological change. The Technology Assessment Advisory Council comprises 10 public members eminent in science and technology. The Council is appointed by the Board and advises the Board and OTA on assessments and other matters.

The Office's assessments explore complex issues involving science and technology, helping Congress resolve uncertainties and conflicting claims, identifying alternative policy options, and providing foresight or early alert to new developments that could have important implications for future Federal policy.

Each project is guided by an advisory panel of experts on a particular subject as a way of ensuring that reports are objective, fair, and authoritative. After approval for release by the Board, OTA assessment reports are distributed to the requesting committees, with summaries provided to all Members of Congress. The reports are available to the public through the Government Printing Office.

On November 19, 1974, Chairman Kennedy received a letter sent by George H. Mahon, Chairman of the U.S. House of Representatives Committee on Appropriations on behalf of Congressman John J. McFall, Chairman of the Transportation Subcommittee, and Congressman Silvio O. Conte, the Subcommittee's Ranking Minority Member transmitting the attached request for a technology assessment with regard to automobile crash recorders.3 Chairman Kennedy received his letter because an earlier Conference Report to H. R. 15405 (Department of Transportation and Related Agencies Appropriations Bill, 1975) stated that:

The conference agreement contains no funds for the crash recorder program. The Committee intends to request an evaluation of this program by the Office of Technology Assessment.4 The purpose of the program, as proposed by the National Highway Traffic Safety Administration (NHTSA), was to assemble detailed data on actual collisions so as to develop realistic automobile design standards.5 NHTSA proposed the installation of 1,000,000 crash recorders in vehicles used in ordinary driving. Total cost of the 5 year program including installation of the recorders and monitoring and analysis of the data was estimated at $14.5 million in 1973. An alternate approach had also been proposed by NHTSA. This entailed the controlled crashing of unoccupied vehicles along with computer emulations of automobile crashes. The cost of this program had been estimated as approximately the same as the crash recorder program.

Although the committees of both Houses have heard extensive testimony on this program over the past three years, substantial questions and differences still existed on the necessity for gathering additional information through the installation and monitoring of the requested crash recorders. Since the issue remained unsolved, the Conference Committee on H.R. 15405 decided to call upon the OTA for assistance.

The objective was to undertake a study of the need for and means to assemble detailed data on actual automobile collisions so as to develop realistic automobile design standards.6 The study examined the desirability, utility, design and cost of crash recorders and of the alternate approaches to collecting crash data, including computer crash simulation, controlled laboratory crashes and their correlation with observed vehicle deformations, and methods to improve the accuracy of crash investigation reporting and to increase the utility of national crash data files. Specific data collection programs previously proposed to Congress by the NHTSA were studied and evaluated.

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