copy of response on Prod forum
Hi All, I post here a copy of a segment of this same discussion that is going on over at the Prod forum. Phil Creighton is a member of the (BOD or CRB?, not sure which) and his response to this whole discussion seemed not very well thought-through to me, hence my response which I provide here as some of the more masochistic amongst you (Greg? Kirk?) might be interested.
philip creighton
Joined: 17 Dec 2002
Posts: 105
Location: Georgia
Posted: Tue Dec 16, 2008 9:42 am Post subject: Insurance and Hans At this point the reason for the insurance reduction for the Club can be summed up principally in that its a soft insurance market compared to last year plus our history of claims over the last few years had improved.
While I can't see the immediate mandating of head and neck restraint devices (yes there are other than HANS out there) I also can't see mandating something in the future that does not comply with an "industry standard". Why? Because it takes away one more avenue in a lawsuit - you don't have to defend the specification of the device that you have mandated. We have done it with Snell for helmets, SFI for belts and arm restraints and FIA for various items. I understand that the only specification for HANS is SFI at the moment but I believe 12-13 devices have met that spec at the moment. One can argue the relevance of the tests that SFI or others conduct all day long but at present it is the only recognized standard in the USA. Pretty soon we will be the only sanctioning body that does not mandate it - which will not be a comfortable position to be in.
evanwebb
Joined: 29 May 2003
Posts: 133
Posted: Wed Dec 17, 2008 12:18 am
Phil, the only way I can characterize that type of logic about the assumption that a H&N mandate must also involve SFI 38.1 is "lazy". If the SCCA mandates H&N restraints, and if the hypothetical situation you refer to comes about then you will be defending in court one of two positions depending on whether you decide to mandate an SFI device or leave the choice of H&N restraints open to other devices that may perform better: 1) Why did the SCCA mandate a restraint and not mandate the standard?, or 2) Why did the SCCA mandate the standard and disallow the competitors the freedom to choose the best performing device available?
I would say that (2) is more easily defensible. The defense of (1) involves proving, beyond a reasonable doubt, a negative. That is, if the competitor that was (presumably) killed leading to the lawsuit & trial had been wearing a 38.1-compliant device then he would have lived. Can you prove this? Doubtful. Defense of (2) only involves raising enough doubt that the competitor might have lived if he had been wearing a hypothetical device which has so much better performance that it would have saved his life. Why only a hypothetical device? Because there will be a reasonable argument to be made that the existence of the 38.1 standard would have stifled innovation into better technologies because there was no market for it. And yes the decision of the SCCA is big enough in the US market to have that be a very real business issue. The fact that there are devices that already exist that have better performance than various 38.1-compliant devices only strengthens this argument because it will be a piece of cake to gather thousands of affidavits of racers who will say that they have not bought any H&N restraint because it is a substantial investment and they did not have confidence that their sanctioning body (the SCCA) would continue to allow it. Myself included.
There is a ton of information out there; probably the best, most in depth discussion anywhere has taken place on the IT forum. If a bunch of IT guys sitting around blabbing on the computer can develop a substantial pile of reasons why the SFI is a joke in many ways, and the 38.1 standard does not cover a lot of ground that should be covered in a so-called "standard" on that subject, and whatever lawyers you might hire in a lawsuit can't, well then you have hired yourselves some half-assed lawyers...
Look, in the end, it is the moral responsibility of the SCCA to "do the right thing". If that means take every effort to inform the membership of the issue and how they can voluntarily protect themselves then you guys could certainly do a helluva lot more in terms of discussion and education. Maybe even mandatory education but voluntary compliance. That is a defensible position. If the decision is made to put forth a mandate, then a substantial education effort plus a mandate that DOESN'T involve SFI 38.1 would satisfy that criterion as well because it would allow the competitors to review all the data and make the best choice considering all the factors that are relevant to them.
This is an extremely important issue, please don't just do what others do. That is the path to the Enron collapse, the mortgage underwriting crisis, and the Bernie Madoff fraud scandal.
PS just because something is an industry standard doesn't mean it is worth something. Standards evolve and are replaced in a way that trails the technology. Devices developed to a standard trail the leading edge of performance. Standards exist in order to make profitable development of products easier, not to enable innovation. The responsibility of the SCCA is not to advance the interests of the safety industry, it is to advance the interests of its members.
_________________
Evan Webb
MARRS HP #86 VW Scirocco
Tres Tortugas Motorsports
Bildon Motorsport