So we have tests that are designed - to the best of our knowledge and understanding - to evaluate the safety of vehicles that are currently for sale on the market. These tests are designed to evaluate the likelihood of injury of an occupant and to evaluate the engineering of the vehicle at addressing the types of collisions that are most likely to cause injury.
Do the tests not evaluate these things? Does the score of a vehicle on these tests not demonstrate the performance against these metrics?
Certainly there is error in measurements and so this information should be provided but this isn’t what NHTSA is complaining about.
If I have designed a suite of tests to evaluate how well a winter jacket keeps you warm in the cold under various types of scenarios, would the maker of the jacket that scored the best on my tests not then be able to say that their jacket will keep you the warmest? Especially if I take this and boil it down to a single weighted score? This seems pretty fair!