WASHINGTON (Aug. 7, 2003) — A U.S. Appeals Court in New York has overturned the tire pressure monitoring requirement mandated by the National Highway Traffic Safety Administration (NHTSA), declaring it “contrary to law and arbitrary and capricious.”
A three-judge panel at the Second Circuit Court of Appeals—ruling on a lawsuit filed by advocacy groups—ordered the rule vacated and remanded it back to NHTSA for further rulemaking. NHTSA reportedly has the option to appeal the decision to the full Second Circuit court.
The suit was brought nearly a year ago by three public advocacy groups, Center for Auto Safety (CAS), Public Citizen and New York Public Interest Research Group. They argued against NHTSA's decision to allow car makers to opt for an indirect monitoring system—one that uses data from a vehicle's antilock braking system—because such systems are accurate only half the time.
"This decision will block the pro-industry, anti-consumer, deregulatory campaign of the Bush administration—just like the 1984 Supreme Court decision…overturning the 1982 revocation of the airbag rule blocked the deregulatory campaign of the Reagan administration,” said Clarence Ditlow, executive director of CAS, in a prepared statement.
The tire pressure monitoring rule was mandated by the Transportation Recall Enhancement, Accountability and Documentation (TREAD) Act of 2001.