Red Eye Radio
Red Eye Radio

05-01-26 Part Two - Killing the Kill Switch

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In part two of Red Eye Radio with Gary McNamara and Eric Harley, cars getting shut down by the government is a fear going viral. Republicans are trying to stop the rule behind it. The push centers on...

Transcript

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[music]

Now, it's Red Eye Radio, Gary McNamara, and Eric Hurley

talk about everything from politics to social issues and news of the day, whether you're up late or you're just starting your day. Welcome to the show from the Relief Factor Studios. This is Red Eye Radio. All across the USA, we are Red Eye Radio. He is Eric Hurley, and I'm Gary McNamara.

Wow!

Did this ever come back big time in just the last 24 hours?

Hmm. The kill switch. The car kills switch. Yeah. What happened was Congressman John James on Monday,

co-sponsored legislation to repeal the Biden-era vehicle

kill switch mandate set to take effect next year. The mandate which was in the huge provision of the 2021 infrastructure investment in Jobs Act signed by Biden, directs a national highway traffic safety administration to require all new passenger vehicles to come equipped

with driver surveillance technology, capable of shutting off the vehicle if the system deems that someone excuse me is not fit. To drive, it can be due to impairment. It can be due to the fact that you're tired.

Yep. It can be due to the fact that you're distracted on the vehicle. Yeah.

And this is something that we talked about a couple of years ago.

And then represent a massive back in January, put in a bill to kill the kill switch, 57 Republicans voted against it. Now, reading here, because I'm trying to find, you know, where they are on this and Kelly blue book,

had a article written just yesterday.

The new kill switch law approaches a key deadline,

go to the law directed by the National Highway Traffic Safety Administration to codify rules for advance, impaired driving prevention technology, the agency missed its 2024 deadline to establish those policies was granted an extension,

which is now about to expire. They's in a statement to Kelly blue book, the NT, the NHTSA noted, that it continues to evaluate an analyzing information contained in the more than 3,000 unique comments,

received in response and to conduct the research and other activities described that it's report. They were tasked with creating a new federal motor vehicle safety standard that, quote, requires passenger motor vehicles manufactured after the effective date of that standard

to be equipped with advanced drunk and impaired driving

prevention technology known as the kill switch, the tech will function as it's described in the law. We're talking about in camera, excuse me, in cabin camera systems and monitoring features that work to detect drowsy drunk or otherwise impaired drivers.

Blood alcohol content detection is also a part of the package, but the law requires that the monitoring systems be passive unlike some of the relatively old school hardware today, which requires drivers to blow into a tube. We don't know yet how automakers would implement such a system,

but there are existing technologies to detect blood alcohol content through cabin air quality monitoring and infrared sensors. What is coming from the passenger? No, it's the exactly what I was thinking. The jury is still out on the effectiveness of such technologies,

though with the NHTSA saying that of the technologies reviewed most were in the early stage of research and development, or were not designed for in vehicle use. Though the 220-24 reports documented some promising technologies, neither report found commercially available technology

that detects driver alcohol impairment accurately and passively. It's also unclear how the kill switch functionality will work depending on how and when the system's detect and impaired driver the car might not start or enter a limp mode limiting the vehicle's speed or other functions.

Artificial intelligence will likely play a role in the computing side of the equation here, which combined with more monitoring hardware, raises privacy concerns for drivers, many new vehicles, already have sensors and other systems to help them stay focused,

The upcoming law represents a notable expansion

of the driver monitoring techniques. But what you see here in this article,

everybody's talking about it could come at the end of this year

or next year in the vehicles, I don't see that happening from what I see right now. Nobody's saying what the technology is. There's no advance.

Well, or coming out saying, here's what we have

and here's what we're going to put in, and has it been tested, has it been? Well, because there's certain inaccuracies and also false reeds that can happen. Hey, I'm Chris Fanfleet.

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Insight with Chris Fanfleet, follow and listen on your favorite platform. One of them that's complained about it. They've had a concern with over the years with the systems that a repeated or somebody who has had a DUI

that has to blow into the device, whatever's attached to the vehicle, can be set off by hairspray. Now, that could also just be a BS excuse for a judge. I can't judge.

I don't have any experience and have never had one of those

on my vehicles because I've never had a DUI. So I will say this. If it's passive, what might be detected, that could be a false reed. And is it true?

Could it be Harris Bray, or someone on the passenger side has got out the nail cleaner, and she's cleaning her nails, or today's world, he's cleaning his nails, not sure how it works.

But you have to wonder if it's a passive system

than what could set it off. There's only two co-sponsors of this. You have John James and James Shelby. And that's the bill to kill it. Right.

Shelby said, I do not support the vehicle. Kill switch mandate.

I never will letting AI decide,

by the way, you wanted to feed this bill. Just say. It's driven by AI. Just say AI. Just say AI's in it.

They don't kill the bill with Democrats. It's AI. Well, we can't. Well, we just go ahead. Well, I was going to say yes.

Because with the consumer, I don't think anybody is really aware of this. Relatively speaking. Oh, nobody's talking about this in a big way until you buy a car with it,

and then all of a sudden,

and what do we learn from the car that kills the starter?

It kills the engine basically at a stoplight. All right. And now they're looking at getting rid of that. They hate that. They hate that.

Well, you're going to have, I don't know how many lawsuits based on this. Because let's get beyond the blood alcohol content, and driving after drinking. And you should never drive.

And over lift friends, sorry, there are too many ways to get home. There's no excuse for driving, drinking and driving. I'll say this, though. Then let's get beyond that and talk about being tired. Being tired.

Or however, which you shouldn't, or if your head's bobbing, because you can't stay awake, you should not be behind the wheel. But what is going to be the false read? What they've had in the past?

Are devices where your eyes, however many times they close, for however long they close. If your head tilts a certain way, and I don't mean just like bobbing down like you're falling asleep, but if your head lowers so many times,

they set these parameters the criteria basically. And now we have to introduce AI. This is in play years ago, with commercial drivers. And if you're talking about setting up the parameter through AI, of what the criteria would be,

the system determining whether that person is impaired or not, my gosh, when I wake up, okay.

Case in point.

Years ago, when we were back at the WBAP studios in Arlington,

and I was on my way in,

and I got pulled over a few blocks from my house,

and the officer walks up, and he sees my bloodshot eyes, because I woke up about 30 minutes before that. And he says, "Have you been drinkin' tonight?" And I said, "No, no, I just woke up on my way to work to Arlington,"

and I said, "I work nights." He says, "Okay." And of course, he didn't detect any alcohol. I think goodness, I put the beer down. No, I don't drink,

but I looked, I mean, my eyes work. Bloodshot. If I've been working in the lawn, my eyes look like I've been smoking the world's strongest weed. Treat, triallergy.

Yeah, the triallergy's are down right now, but a couple of weeks ago, I wake up to come to work. Yeah, I walk in, I look at myself, number one, I try to just look at my face,

I don't want to look at anything else.

Yeah, you know, if I'm just got another shower, I make that would scare the daylight side of me. Yeah, but if you ever, with the allergies, you look at your eyes, you're like, "I look high."

Well, I looked like I'm high. I'm now getting my haircut one day, and there were two DPS officers, two states, two troopers in that place I was getting my haircut. They were getting their haircut.

And we were all three walking up at the same time to the counter. And then I remembered it was national police appreciation day, law enforcement appreciation day. And I said to the lady I'd like to pay for the haircuts.

Well, the two troopers look at me, and they just kind of look at me, and they both said, "Well, thank you." But they had that serious tone, like, you know, like my dad used to have,

and my dad was also a military cop,

so I had that, and what are you trying to pull him here?

(laughing) I couldn't figure out why. So I get out to the car, and I look in my rear view, and I've been working in my lawn home morning.

I looked like I was still smoking weed. (laughing) They were so red. And I thought, "Oh, my gosh. They probably thought I was trying to bribe,

you know, bribe them in some way." I'm not talking to me about it. How much weed I was smoking, but if you're setting up a system in a car, if it's a passive system,

there's so much room here for number one lawyers, because there's so much room for mistakes, and getting a system down that would be flawless. Because think about this. We're talking about your property.

Yes, you share the road. The government can govern your behavior on the road's view share. You can sit in your car, and your garage all day long,

do whatever you want at your vehicle. But there is that fine line of how much they're going to control, because what it really comes down to is the consumer response to the OEMs.

You put this on cars going forward. The used car market is going to skyrocket. And that's where I think the OEMs will have a problem, and they'll have the leverage.

As Shelby said, I do not support the vehicle,

which man did and never will.

Letting AI decide whether someone can drive their own vehicle is a dystopian nightmare. There are better, more reliable ways to keep the road safe that don't involve constantly monitoring millions of innocent people. The potential for abuse is too high.

So are the chances that the system could make a mistake, leaving someone stranded in an emergency. But it's funny because you and I thought the same thing. Yeah.

And especially, and thank goodness, I've been checking lately, and the trilogies are down. Yeah.

But you know, I'm always on the, you know, the over-the-counter non-drowsy medicine. Right.

But, you know, the first thing I thought of was I wake up, I'm tired, my eyes are blooded. Yeah.

Right. And exactly what you thought. Yeah. And you go to drive a vehicle, does it pick that up?

Does it pick up? Your, I mean, what does it, what does it pick up if you have, you know,

an allergy? And I don't know. I mean, because none of the, we don't know anything about the system yet.

That's why I don't think it's going to be in next year.

I don't think so. Because already they're designing what they're going to put in a vehicle now for next year. Oh, yeah. Yeah.

They start coming up. What? September, October. Yeah. So I,

how much will this add to the cost of a car? That's a good point. I don't know. But it's going to add. Yeah.

For sure.

It would be significant.

And I just,

the thing that you brought up.

This weekend. I got any plans. I'm going, I'm going to go anywhere I go. In fact,

I'm going to try to go out and do stuff.

Hmm. Just to ask people if they know about the kill switch. Yeah. I wonder how many people will look at me and go. Stop making that stuff up.

No, it's supposed to be. It was already supposed to be there. But right now, what we're being told is the end of this year next year. Now,

we don't know if they actually had the technology and the, they're confident with the technology. But this is the goal. You will be monitored. Your eyes will be scanned.

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Because if you're monitoring facial expressions.

Or eye movement. Or in some of the other things. How do you get out of the kill switch jail? You can't call the police. I'm mad about the control of something.

Not letting you drive your own vehicle. When you need to get somewhere. That's a big problem. While drunk driving is a very real problem. Checking every driver before each ride is a huge undertaking.

Every day in the U.S. 1.1 billion car trips are made. According to the Bureau of Transportation Statistics. Almost half, which are for shopping and and and and errands. The National Highway Traffic Safety Administration admitted the

Congress in a February report that the technology is not ready to deploy yet. That means it's not coming out in 27 because I may be a by vehicle. Then pointing out that even a system with 99% accuracy would generate millions of false positives every year. Privacy experts are also worried about what happens to all the information cars

record about their drivers. It's definitely not going to stay in the vehicle. Uh, uh, said Harry Morgan CEO of Privacy B told the post. It's tracking all kinds of visual signals. And they use these sending them up to some kind of automobile cloud.

Okay, so here's here's the thing.

All of these false positives lead to what? Something you brought up on a number of occasions with a ton of different issues. Law suits. So the lawsuit then it was a false positive.

It stopped me from getting to an important engagement.

Uh, or it stopped me from whatever it is because the car would not get me there. And then you've got a lawsuit. Who do you sue? Well, we just laid out the proprietary approach from each of the different OEMs and how they're going to be compliant.

So you start there the lawsuits of being lining up quickly on false positives. And that's going to be a problem because okay. Let's say you get it. Let's say someone who is an abbreviated gets and shouldn't be behind the wheel gets behind the wheel and can't start their vehicle.

Now, they're not going to call the police. Of course they're not. They're going to call somebody to get them.

Call Uber whatever they're going to get to their home.

And then the next day when they're sober, they're going to call their lawyer. And you won't be able to prove whether they were whether the system was accurate or not. Now, if they have a pattern of behavior, the courts could see that and say, okay, you've got a previous DUI's and all of that and that applies. But for anyone that wants to manipulate this system, they'll find a way around it.

Which means they're non-compliant. What happens if you're non-compliant? Because what inevitably happens is a bypass. That switch that kills your engine.

There is a permanent bypass for that from third party companies.

Now, they will tell you you need to disable that.

You need to reenable basically that kill switch. If you're going into the dealership for any work to be done and your vehicles under warranty, because it could avoid your warranty, right? There are ways around systems and there would be ways around this one. Are all of them eventually.

And then you're non-compliant. Well, if you're trying to, you know, if you try and fake in a mission test one time, I went into a place to get my, this is back when we had full inspections and taxes. Now, we only have emissions tests in order to get our registration every year. You have to pass the emissions test.

Well, it was part of the inspection back then too. And I had this older truck pick-up truck had a brand new battery.

Now, that battery actually was 14 months old.

I'm sorry, 10 months old. It was 10 months old at the time. The guy comes in from the place that was doing the emissions test. He goes, "You just put this battery in?" I said, "No, it was a month ago."

He said, "No, you didn't." I said, "The receipt is in the glove box. I keep all my receipts in my glove box."

I said, "If you need to see it, I can show it to you."

He goes, "You didn't just put, I said, "Well, now you're calling me a liar." It was, it was, it was, "Make me angry." I said, "I even drove it to, I drove it to Colorado and back." He goes, "This thing looks spotless." I said, "I take care of my stuff."

And I went out there in his bay where the car was, where the truck was, pulled out the receipt. But his point was, and he did apologize. He said, "I'm sorry." I said, "I don't know the point here, what were you trying to say?"

He goes, "People will cover up their emissions concerns with whatever problem is going on by resetting the system. And you do that with getting a new battery. And by the time you change that battery, it kind of resets everything. Long enough for you to get a new emissions test.

And it gives the false Okidoki on that test. And that's how people get around it.

He says, "I can't have my license revoked.

If somebody, if I know somebody's doing that." As I said, "Here it is." And I bought it from my nephew's shop where he, that he runs. And I had the receipt. I said, "Here it is."

And you can call him. And he can tell you the same thing and send the same receipt over. This is not a fraudulent receipt or anything like that. But when you get into systems like this because there is, there would be for the consumer for the vehicle owner.

There would be a fine if you bypass the system. There would be some kind of enforcement behind that. This is a mess of a problem. If the systems were, let's say they worked at a 99% success rate. We're 99% accurate.

That would still mean 3.64 billion shut-offs a year in the United States.

Based on that people take 1.1 billion trips a year. That would just be, or excuse me, a day. Yeah, that would be over a year period, 3.64 billion kill switches going off by mistake. Not going to work. Not going to work.

Look, no one should be behind the wheel, whether they're too tired or too drunk. They shouldn't. What's too tired? There's a question. How many people don't get enough sleep?

Well, what's raise your hands? Well, they will differentiate by looking at your eyes if you're high. Yes. What dictates if you're high? Right.

Or allergies. Or everything we've talked. Yeah.

I've said different kind of appearance in your own allergies and being high.

Right. Because it's different.

They said they'll detect.

They can separate high from drunk. Uh-huh. Wow. We are right. I radio.

We'll be right back with more Red Eye Radio with every currently getting Gary McNamara.

[music] Beerrad, I radio. He's our currently non-Gerry McNamara on the car kill switch. Uh, one of our great listeners on the X-Rote. People may tell you they thought the kill bill had already been killed.

That's what I was thinking until listening to you guys tonight.

Now, we had mentioned it in January when, uh,

Massive, uh, a put it up for vote again. And we, we had told you that point. 57 Republicans voted to keep the car kill bill. I just really, wow. I wonder how much the public even knows this exists.

I bet it's very few people. [music] This is Red Eye Radio on Westwood One. Hello America, Mark Levin here. Many people seem to be incubating a rage looking for somewhere to go.

Are there times when you think the country is out of control?

Do you see all these things and you wonder what in the world is going on? What's it this way? Five years ago, ten years ago, 20 years ago. Do we have the will or not? But we are Americans.

And I believe we absolutely do have the will. I do this show for you.

And when you're not interested in anymore,

I will just go away. Got my book in show. Follow and listen on your favorite platform.

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