SHE DRIVES ACT: MANDATING REAL CRASH TESTING FOR WOMEN’S SAFETY

Q: Why do we need this legislation?

A: Women’s and men’s bodies respond differently in a crash due to differences in physiology (differing size, bone density, muscle structure, and abdomen and chest physiology) and driver positioning (because of shorter arms, females sit closer to the steering wheel than males). When these factors are unaccounted for in vehicle design, these differences can be fatal. Yet, the government’s tests do not require that cars are crash-tested for women. Several studies have proven women are far more prone to injury and death than men in a crash. A 2019 University of Virginia study found that women are 73% more likely to be injured in a frontal crash than men. As cited in DOT’s 2022 National Roadway Safety Strategy, female drivers are 17% more likely than their male counterparts to be killed in a comparable crash. These findings align with numerous other studies that show women die and are injured at much higher rates than men.

Q: What does this legislation do for women?

A: The She DRIVES (Develops Regulations in Vehicle Equality and Safety) Act improves the government’s 5-star safety ratings crash test program by requiring holistic test procedures and the most updated testing devices for men and women. Senator Fischer’s bill:

• Requires the use of female crash test dummies that accurately represent female anatomy.
• Mandates the same number and nature of crash tests for females as males in the government’s NCAP test.

If passed, the legislation is expected to save over 1,300 women’s lives each year, prevent and mitigate tens of thousands of serious injuries, and save billions of dollars in economic impact.

Q: What is ‘NCAP’?

A: ‘NCAP’ stands for New Car Assessment Program, a voluntary government-led program that gives cars 5-star safety ratings. Most automakers participate to demonstrate safety credibility. However, the government doesn’t test for females at all seating positions. For example, it doesn’t test female dummies in the driver’s seat for frontal and side impacts, and where it does use female dummies (such as in the passenger seat), it uses outdated models that don’t accurately represent women.

Q: Have female dummies ever been used in the driver’s seat during NCAP crash tests?

A: No. Even the older scaled-down male dummies, which the government labels “female,” have never been used in the driver’s seat for frontal and side impact tests in NCAP. Despite claims of using female dummies, such as the ‘Hybrid III 5th’, these older models are essentially just scaled-down males that don’t accurately represent female physiology.

NCAP test descriptions confirm that female dummies are missing from the driver’s seat in both frontal and side impact tests. Although the government has been working on a new generation of dummies, called THORs, they are still not required in testing. The She DRIVES Act mandates that female THOR dummies be used in all tests where male dummies are currently used.

Q: What is Part 572, and why isn’t it enough to simply add a female dummy to it?

A: Part 572 is the section of federal regulations listing crash test dummies approved for use—essentially a catalog of permitted testing equipment. If a dummy is listed in Part 572, testers like automakers may use it, but are not required to.

The She DRIVES Act would go further by requiring the National Highway Traffic Safety Administration (NHTSA) to mandate the use of these advanced, biofidelic female crash test dummies (like the THOR 5th) in all crash tests where male dummies are currently used—not just make them an optional entry in the Part 572 catalog.

Q: What does the government’s auditor say about NHTSA’s failure to act?

A: The GAO issued a report more than a year ago outlining deficiencies in the crash testing program. It stated:

“NHTSA identified greater risks faced by females and older individuals at least two decades ago, but has not completed actions to address them…NHTSA does not have a comprehensive plan to address existing risks and limitations in the information dummies provide.”

NHTSA committed to issuing a plan in 180 days to address the 2023 GAO concerns, but no plan has been issued.

Q: Why does Congress have to act?

A: The Department of Transportation’s National Highway Traffic Safety Administration (NHTSA) has failed to act decisively. NHTSA has repeatedly signaled it intends to make new female dummies optional in testing. Specific missed opportunities include:

• In 2022, NHTSA upgraded the 5-star safety ratings but didn’t require female crash test dummies or equal crash tests (e.g., female dummies in the driver’s seat).
• The 2023 proposal praised biofidelic THOR dummies but still left their use optional by placing them in Part 572, allowing testers to continue using outdated Hybrid III 5th mini-males.
• In the 2023 Fall Regulatory Agenda, NHTSA again delayed making female dummies mandatory, indicating their use would remain optional.