Accident Data To Be Released To The Public

In a major victory for consumers, the U.S. Court of Appeals for the District of Columbia ruled last week that information that automobile and tire manufacturers submit to the government about crashes resulting in death, injury and property damage is subject to release to the public under the Freedom of Information Act (FOIA).
The case was brought by the public interest consumer group Public Citizen. In its ruling the Court rejected the argument of the Rubber Manufacturers Association that it is exempt from FOIA’s disclosure mandates.
Since the 2003 enactment of the Transportation Recall Enhancement, Accountability and Documentation Act, manufacturers have been required to submit the information, referred to as “early warning data,” to the government. The U.S. Department of Transportation has been keeping the information secret while the Rubber Manufacturers Association appealed a trial court’s holding that the Act applied to the information.
The appeals court held that the plain wording of the TREAD Act meant exactly what it said and that it did not provide an exemption for the early warning data. In the court of appeals, the Transportation Department agreed with Public Citizen that the early warning data is not exempt from FOIA’s requirements. However, the mere existence of the case has had the practical effect of keeping the information from the public. In light of the court of appeals’ opinion, it is expected that the Transportation Department will now comply with FOIA’s requirements and begin processing requests for, and releasing, early warning data to the public.