so i don't agree that nhtsa just took the answer for granted. they were looking for data to suggest that there was a problem, and had they had the information from gm, it would have been material to the outcome. >> this questioner asks, does d.o.t. and nehtsa now consider stalling to be a safety issue for vehicles? if it does, what prompted the change? if it doesn't, why not? >> clearly, it's an issue. and it's one that we -- that our recent experiences giving us even more information on which to look across the industry to insure that these issues are being addressed across the system. so it's absolutely something that we're focused on. >> the pace of technological change in the automotive industry is getting faster. model life cycles are shorter, they're significant in the areas of safety. how does nhtsa remain relevant as a standard setting and driver of safety standards in this new automotive environment? >> i think nhtsa is actually really focused on this. and let me add another footnote to that. this whole idea that vehicles in the future

of the company to nhtsa complaints? >> i've been general counsel on multiple owe kccasions. lawyers have brought safety concerns to my attention. if i take a look at some of my e-mails over the last couple of years, it's been frequent occasions they brought it to my attention, including, including some of the lawyers we had to let go. there was a clear understanding in terms of my expectation of the kinds of issues that needed to be brought to my attention, for some reason that did not happen here. that is very troubling to me. that's why i'm doing the things i'm doing to make sure on a going forward basis, those kinds of information lapses do not reoccur. >> let me understand it. not only were you not notified according to your testimony about the potential for punitive damages as legal officer for gm, and that that potential for punitive damages you didn't notify to authorities, but also in terms of what i understand were complaints that were brought forward to nhtsa about this matter, you were not informed about thos

nhtsa nhtsa was also repeatedly warned and nhtsa also just shrugged in response that we do have the gm not and also swam all tenuously a nhtsa shrug and i think the whole story ultimately passed out there and i thank you for the pursuit of the >> i'm curious about esis this company that handles of ministers claim for you. it's a weird deal. they work at gm. they work only for gm but they are not gm employees. >> now, they are not. >> why is there that structure? >> to look for anybody else on the world but you. they are a capture company. are they a subsidiary of your company? >> not to my knowledge. >> are they a subsidiary? >> not that i know of. >> so the people that are on the front lines gathering the information and handling these claims as they come in, i'm trying to understand for what business purpose would you want them to be separate from your company if they are completely captured by your company and doing nothing but a gm function? >> they have been doing product product investigations for us for quite some time. they have been doing a very good job for us for quite some

nhtsa was also warned and shrugged in response. >> we have a nhtsa nod and a nhtsa shrug and i think the whole story has to get out there. i thank you for the pursuit of the trulktd. >> thank dwru. >> thank you, senator markey. >> i'm curious about -- >> i'm sorry, there was background noise. i couldn't hear you. >> it's a weird deal. they work at gm, they work only for gm, but they ee another gm employs. >> no, they're not. why is that? they don't work nr anybody else in this would but you. are they a subsidiary of your company. >>? >> not to my knowledge. >> so the people on the front lines gathering the information and handling these claims as they come in, i'm trying to understand for what business pirms would you want them to be separate from your company if they're completely captured by your company and dog nothing but a zb m function. >> they've been quite a jomt for is for some peej yo i've time. i dough no there are naples i'm familiar with, product litigators. they say they do a very guided guidedown. it's not unusual to take on others. for a long time we outsourced or sec

so i don't agree that nhtsa just took the answer for granted. they were looking for data to suggest that there was a problem, and had they had the information from gm, it would have been material to the outcome. >> this questioner asks, does d.o.t. and nehtsa now consider stalling to be a safety issue for vehicles? if it does, what prompted the change? if it doesn't, why not? >> clearly, it's an issue. and it's one that we -- that our recent experiences giving us even more information on which to look across the industry to insure that these issues are being addressed across the system. so it's absolutely something that we're focused on. >> the pace of technological change in the automotive industry is getting faster. model life cycles are shorter, they're significant in the areas of safety. how does nhtsa remain relevant as a standard setting and driver of safety standards in this new automotive environment? >> i think nhtsa is actually really focused on this. and let me add another footnote to that. this whole idea that vehicles in the future

how does nhtsa remain relevant in this new automotive environment? >> i think they are really focused on this. let me add another footnote. this whole idea that vehicles in the future will communicate with each other is a really big deal. it's a big deal for safety and a big deal for our team. it's an opportunity to engage the automobile and the work of ensuring collision avoidance, and not only with automobiles potentially but pedestrians. there's a technology that allows the mobile to communicate with the infrastructure around all it. a few months ago, we announced we will be doing the rulemaking on vehicle to vehicle technology. we think this will be pace setting in terms of rulemaking because it will provide the ground rules to do what they do best. this was not an issue -- we think there's lots of opportunities for our team to engage in not only following the trends in the industry and setting the bar high for safety in the future. >> in terms of that rulemaking, you said you would like to issue it by the end of president obama's term. is that a

despite the careful analysis, neither it nhtsa nor gm took action. for the parents of these wisconsin girls-this hearing, of course, is of little solace. nothing we do here today can repair the damage that has been done. the best we can do is work to ensure that no other family has to endure what they have, so i again thank the chair and ranking member for allowing me to join this. mr. feinberg, for you i only have one very simple question, hope. one of the victims in the october 2006 accident was sitting in the back seat of the car. her family expressed concerns to my staff in preparation for this hearing, that gm did not consider this victim one of the official 13 victims because there is no backseat air bag that could have then failed to deploy. mr. feinberg, can you shed some light on if the back-seat passengers will be included in this compensation program? >> the answer is, absolutely, yes. not only the back-seat passenger. pedestrians are included. occupants of a second vehicle that collide with the defective vehicle, all included, all can fil

and that's been very ucksessful for nhtsa. so we will continue to try to build a better mouse trap but don't think this is an instance where nhtsa wasn't looking at this. i think this is an issue of nhtsa didn't have all of the information that would have been material to its review. >> if i could just ask following the highway trust fund, the gas tax, i'm sure you're aware is a politically touchy subject. is the issue of raising the gas tax something we can only expect to have seriously discuss after the midterm elections or does it have to wait after a presidential election? let me put it this way, in some sense what you're sking is a political question. we had decided this issue was one that was important enough to put legislation in place. we have always talked about the use of business tax reform as a way to pay for this bill we put forth and the reason we talk about pro growth business tax reform is because based on conversations we had, i had plenty with republicans and democrats on both the house and senate side. one o

. >> i want to talk to you about nhtsa's role in this.d that very well as the former head. just looking at this, this seems to play to an often held prejudice against big companies which is this. you knew that your product was bad. i made a calculation about what it would cost you, and when you decided it would cost too much you hid it and hoped for the best. is that's what's going on here? >> i believe it is. many companies don't tell the department of transportation everything, and they do get away with it, and i think general motors thought it would get away with it, but in this particular case the information came out, and a new ceo came in and decided to recall these old cars, and -- and so then people started looking at more detail and discovered lots of very outrageous misbehavior by general motors and reckless endangerment of the american public. >> what's the chance that mary bar rah had no knowledge or information of this hour, given how high her positions were in the company? >> well, i don't -- she says she did not know about

gerri: it's a work-around, and nhtsa, national highway safety traffic administration. here are the complaints, 269 complaints, 14 crashes, 5 injuries out there. tell us technically what's going on with the cars? what's the problem? >> there are two problems. one is a clogged brake fluid reservoir filter. the fix is to redesigned a brake fluid reservoir. the circuit a ebs brake actuator and to update software, we have two items that are brake related and because brakes are clearly a safety issue, we recommend that toyota go one step further and issue a full recall. gerri: the deal with this, as i understand it, jeff, is the problem makes it harder to stop the car? it's hard to stop the car. so at the end of the day, why wouldn't toyota recall these cars? what's the issue? what are they saying no? >> toyota feels that the measures they're putting in place are adequate, they're addressing problems as they emerge, and not every car is experiencing these problems. but we think because of the severity of the problem that the brakes could be very difficult to use and clearly

nhtsa doesn't force automakers to respond to this. the side of the regulator, but apparently gm, the "new york times" says, had police reports and other knowledge about some of these crashes, but according to "the times" did not give that over to regulators and the question becomes could you have known about this earlier? could lives have been saved? i think you're going to hear that from lawmakers a lot today. >> i think so. poppy harlow, many thanks. i'll be right back. captains of industry, former secretaries of state, oil tycoons, and ambassadors of countries known for their fine cheeses. yes i am rich. that's why i drink the champagne of beers. our new flatbread sandwiches may be flat... the flavors, are anything but. so whether it's taste inspired by the freshness of the mediterranean... or the smoky spice of the southwest... or bold, adventurous thai flavors... ...you always get flavor that's anything but flat. and always with chicken raised without antibiotics. new flatbread sandwiches from panera... ... each 360 calories or l

what happened to nhtsa? the regulators were out to lunch.nment agency charged with keeping drivers safe. where is the accountability? vital information that can save your life. i will show you how to control a car or truck and avoid a crash if it ever stalls while you're on the road. stay with us. gerri: we are going to show you what to do during high-speed emergency. high-speed decision-making is what racecar driving is all about. so, we went to a private racing club outside new york city. we had a driving expert show us on camera how to handle a high-speed emergency. >> remember there is no reason to panic. it's civil to restart the car. gerri: ari strauss is the president and ceo of the monticello motor club. it cost about 100 grand to join, but then you get to race your sports car around the track or take out one of the jaguars, ferraris, porsche is or other high-speed machines owned by the track. the deadly stalls in the general motorcars we have been telling you about for the past few months about cars that still use on ignition key an

what happened to nhtsa? the regulators were out to lunch. government agency charged with keeping drivers safe. where is the accountability? vital information that can save your life. i will show you how to control a car or truck and avoid a crash if it ever stalls while you're on the road. [ male announcer ] if you suffer from a dry mouth then you'll know how uncomfortable it can be. [ crickets chirping ] but did you know that the lack of saliva can also lead to tooth decay and bad breath? [ exhales deeply ] [ male announcer ] well there is biotene. specially formulated with moisturizers and lubricants, biotene can provide soothing relief and it helps keep your mouth healthy, too. [ applause ] biotene -- for people who suffer from dry mouth. gerri: we are going to show you what to do during high-speed emergency. high-speed decision-making is what racecar driving is all about. so, we went to a private racing club outside new york city. we had a driving expert show us on camera how to handle a high-speed emergency. >> remember there is no reas

you find out it could potentially cause death or harm to others, you have 24 hours to disclose it to nhtsa. if you don't, potentially executives could go to prison. this is really serious. this is for bob, two democratic republicans i'm sorry. two democratic senators. >> i want to bring up the idea, delphi is also going to be on hand, ceo of that company. >> right. gerri: of course this is the company that made the ignition switch we're all talking about. their defense is, we didn't design it. we told gm there were problems with it. >> right. gerri: how will that go over with people in congress? do you think they will accept that? >> well how it happened that we're able to find out based on the volucuk report, they sent over a blueprint. delphi sent over the part, they sent over first article for approval and they approved. ray did i giorgio, in the report did approve it. delphi suggest ad different switch which is something that engineer would do. you know, i don't think the switch will be strong enough. you should consider this part instead. they ignored it according to delphi. looks lik

the recall affecting their minivans and investigating them because some of those vehicles earlier, nhtsahey didn't do a good job with the fix. they risk being lumped with gm, the bailout babies that are not making very safe cars. melissa: the worst case scenario and best case investment scenario. what other ones have you looked into? >> we ought to say something positive because everyone is saying negative things. the positive for me a 5 wanted picks something wouldn't be in this country. it would be china. the market was 22 million vehicles in china last year, 15 million in the u.s. and gm is the number 2 foreign auto maker in china. you mention the transformers movie, that camaro in that, they are going to use that to boost sales over is there. that is the nature, not a major positive. melissa: i find this fascinating. i used to have a grand cherokee, too much of a gas guzzler. the difference between the new one and the older one which they did continue. >> a lot of changes. melissa: they are offering a different vehicle. what is the big thing causing attention to jeep as a whole? what

what happened to nhtsa? the regulators were out to lunch.agency charged with keeping drivers safe. where is the accountability? vital information that can save your life. i will show you how to control a car or truck and avoid a crash if it ever stalls while you're on the road. on the road. stay with us. many of my patients still clean their dentures with toothpaste. but they have to use special care in keeping the denture clean. dentures are very different to real teeth. they're about 10 times softer and may have surface pores where bacteria can multiply. its unique micro-clean formula kills 99.99% of odor causing bacteria and helps dissolve stains, cleaning in a better way than brushing with toothpaste. that's why i recommend using polident. [ male announcer ] polident. cleaner, fresher, brighter every day. gerri: we are going to show you what to do during high-speed emergency. high-speed decision-making is what racecar driving is all about. so, we went to a private racing club outside new york city. we had a driving expert show us on came

chairman nhtsa responded. they said they would go forward with the rule making. that was originally anticipated to occur in 2012, and unfortunately it has not yet southbound proposed. to be fair it's our understanding that it's being worked on and in conjunction with fmcsa, i believe. so it is moving. it's i think in our view moving at a snail's pace and speed is the biggest factor to car and truck crashes. if we want to make a difference,ist lights the old gentleman, why do you rob banks? because that's the money is. you go to where the big numbers are. >> well, i appreciate your point and i might add that one of nigh grievances about federal agent and federal rulemaking is it has been too laggard, too lengthy in time, and that pertains to a variety of federal agencies and federal rulemaking, so i appreciate you raising that point. a i might ask you also, since we're on the subject of rulemaking, perhaps you can tell us more about electronic logging devices. >> certainly. the electronic logging devices is, as it sounds, it's a technology that allows truck driver

gm understood how their own cars worked and followed current legal obligations to report defects in nhtsa in a timely manner lives would've been saved and we would not be here today. thank you chairman. >> thank you, senator heller. our first witness today is, in fact, at our first panel consists entirely of kenneth feinberg and ms. barrow who are in charge of the fund that will compensate many of the people who have suffered tragically as a result of gm failures. we look forward to your testimony and thank you very much for being here. mr. fienberg. >> i want to thank the chair for her figur big risk leadership is matter but i want to thank all the members of this committee, subcommittee. i particularly want to thank senator blumenthal and his staff. they provide some valuable constructive suggestions as to what this protocol should look like. and indirectly, i must thank senator blunt, indirectly because senator blunt was critically important and very instrumental in the design and administration of a nine 9/11 victim compensation fund, which proved to be a precedent for much of what is