The battle over safety belt laws in 1980s America reflected widespread criticism of government regulation in a free society. The controversy first heated up in 1973, when the NHTSA required all new cars to include an inexpensive technology called a “seat belt interlock mechanism” that prevented a vehicle from starting if the driver wasn’t buckled up.
“An enormous political backlash ensued,” says Jerry Mashaw, professor emeritus at the Yale Law School and co-author of The Struggle for Auto Safety. “Congress received more letters from Americans complaining about [the interlock mechanism] than they did about Nixon’s ‘Saturday Night Massacre.’”
Congress responded swiftly in 1974 by killing the interlock mechanism and further mandating that the annoying buzzing sound that indicated an unlatched seat belt could only last eight seconds.
The NHTSA didn’t give up on seat belts, though. It passed a new rule in 1977 that put the ball squarely in the automakers’ court. Detroit had to install some kind of “passive restraint”—a system that worked automatically without driver intervention—that would protect a crash test dummy from damage when hitting a wall at 35 mph.
The only real options at the time, says Mashaw, were airbags and something called “automatic safety belts,” a front seat belt that ran along a track and automatically fastened when the car door closed. Automakers didn’t love either option, but decided to go with the automatic safety belts because they were cheaper. Consumers immediately began arguing that automatic seat belts were unsafe in a car fire, potentially trapping passengers in a burning car. Carmakers agreed to add a release latch, which drivers could easily disconnect, rendering the automatic belt ineffective.
But before any of those changes could be made, Ronald Reagan won the presidency on a promise of deregulation, especially of the automotive industry. One of the first things the Reagan administration did was to rescind the NHTSA rule requiring passive restraints. Insurance companies sued the administration and the case went all the way to the Supreme Court. In a surprise ruling, the justices voted unanimously to block the Reagan administration and enforce the NHTSA’s rule.
“The Reagan administration was put in a bind,” says Mashaw. “They were diehard deregulators and the Supreme Court told them they had to regulate. There’s no way they could justify saying that passive restraints didn’t work, so Elizabeth Dole, then Secretary of the Department of Transportation, came up with what I think was an ingenious compromise.”
Elizabeth Dole's Compromise