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January 05, 2006
AUTO LAWYERS VIEW OF WORLD SAFETY STANDARDS
Two U.S. auto company lawyers see some good things and some bad things in the movement toward global harmonization of motor vehicle safety standards. In a Comment piece in Automotive News, Kevin McDonald and Daniel Malone point to some pros and cons of the movement, in which the U.S. and NHTSA are taking an active role. The resultsÂ… may include the adoption of best safety practices and lower design, engineering and production costs. On the other hand, standardization could create yet another layer of bureaucracy at the international level - minus the constitutional protections we enjoy in the United States, they write. They raise some questions as well about its impact:
1. Transparency: Are all meetings documented? Are communications by an individual country documented and available for review? Are records created in which interested parties can follow developments, proposals and comments?
2. Effect of global technical regulations: If, for example, the United States does not adopt a particular technical regulation, but other countries do, must automakers nevertheless design their vehicles to comply with that global regulation to protect themselves legally?
3. Judicial review: If someone wants to take the WP.29 to court, where should it be done and what laws govern it?
See Automotive News article for the text. Subscription may be required.
Posted by MVHAP at January 5, 2006 11:10 AM