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end of advanced airbag exemption

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doug

Administrator / Head Moderator
Administrator
writing is on the wall:
Pagani Huayra Airbag Waiver Denied: No US Sales Until 2015? | The Truth About Cars
it turns out that Tesla, which enjoyed a waiver for years while receiving tens of millions in taxpayer-backed loans, has ruined the waiver for everyone. According to NHTSA’s post-Tesla change of heart:

low volume manufacturers now have access to advanced air bag technology. Accordingly, NHTSA tentatively concludes that the expense of advanced air bag technology is not now sufficient, in and of itself, to justify the grant of a petition for a hardship exemption from the advanced air bag requirements​

Some history:
Application for temporary airbag exemption
The airbag saga
Air Bag Waiver Granted
 
This does boggle the mind. These small automakers don't "make" airbags - they buy them. So how hard can it be to just buy the "advanced" one? Only difference to the car builder is the weight sensor in the seat. Yes, I can see why Tesla/Lotus wouldn't want to change mid-production and have to go back through all the crash testing costs but for a new model or manufacturer that has to go through the crash testing anyway, this simply cannot be difficult. €4,000,000? Whatever.
 
^^ Agree, though this supposedly is the reason Lotus is leaving the US market until the new Elise comes out in 2015.

Lotus Elise, Exige Get Special Models to Celebrate Exit From U.S. Market - Rumor Central
With production of Toyota’s 2ZZ four-cylinder engine coming to an end, and with the smart airbag exemption also about to expire, 2011 will be the last year for the Lotus Elise and Exige in North America.
...
Although these special editions mark the end of the Elise and Exige in the U.S. market, the two cars will continue to be sold in other markets until the next-generation Elise arrives in 2015. That car is expected to grow in size, possibly losing some of the hardcore performance aura the nameplate earned during its first and second generations. Whether that proves to be the case remains to be seen, but if you’ve wanted to buy a new current-gen Elise or Exige, act fast: this is likely your last chance.

Federal Register | Lotus Cars Ltd. Receipt of Petition for Renewal of Temporary Exemption From the Advanced Air Bag Requirements of FMVSS No. 208
Lotus has never manufactured more than 6,000 vehicles in any calendar or model year. [10]
...
10. This number includes vehicles that Lotus has manufactured for Tesla Motors, Inc.

2007: Federal Register | Tesla Motors, Inc.; Receipt of Application for a Temporary Exemption From the Advanced Air Bag Requirements of FMVSS No. 208

2011: Federal Register | Tesla Motors, Inc.; Receipt of Petition for Renewal of Temporary Exemption from the Advanced Air Bag Requirements of FMVSS No. 208
 
Interesting tidbits from that petition:

Tesla sold or leased 276 Roadsters in the United States during 2010 and 62 Roadsters during the first quarter of 2011.

Tesla believes that, while the Roadster is capable of handling slippery roads due to ice and snow, most owners either do not use their Roadsters during winter months or sharply limit their use.

Tesla states that it has incurred cumulative net losses of $464 million since inception and nearly $50 million in the first three months of 2011.

Tesla states that it spent between $2 million and $3 million developing an ESC system for the Model S.

Tesla notes that it had intended on ending Roadster production prior to September 1, 2011 and, thus, would not have been required to equip its vehicles with ESC systems.

Tesla... plans to conclude production for the United States market by December 31, 2011.
 
This does boggle the mind. These small automakers don't "make" airbags - they buy them. So how hard can it be to just buy the "advanced" one? Only difference to the car builder is the weight sensor in the seat. Yes, I can see why Tesla/Lotus wouldn't want to change mid-production and have to go back through all the crash testing costs but for a new model or manufacturer that has to go through the crash testing anyway, this simply cannot be difficult.

Related:
NHTSA Says $1 Million Should Buy An Advanced Airbag

http://www.ofr.gov/OFRUpload/OFRData/2011-19934_PI.pdf

 
Federal Register, Volume 76 Issue 188 (Wednesday, September 28, 2011)
...

SUMMARY: This notice grants the petition of Tesla Motors, Inc. (Tesla)
for the renewal of a temporary exemption of its Roadster model from the
advanced air bag requirements of FMVSS No. 208. The basis for the
exemption is that compliance with the standard would cause substantial
economic hardship to a manufacturer that has tried to comply with the
standard in good faith.

DATES: The exemption remains in effect until November 7, 2011...
 
Yes, good news and ends same day as the ESC exemption. I suppose it would have seemed weird for the DOT to say nothing about the airbag exemption after so long, only to act quickly on the ESC issue. So a little more than a month to wrap up Roadster production (in the US at least).