Monthly Archives: February 2019

“AEB that reliably detects trucks could prevent underride crashes.” Meanwhile, what should we do?

Automatic emergency braking (AEB) on passenger vehicles is a good thing. It’s purpose is to reduce the chance of a rear-end collision or decrease the severity of the impact if it does occur. But does it function as intended when the vehicle in front of a car is a large truck?

A recent report from the Insurance Institute for Highway Safety (IIHS) implies that it does not reliably do so:

When it comes to preventing typical front-to-rear crashes, automatic emergency braking is a proven winner. Extending its functionality to address less-common types of rear-end crashes involving turning, changing lanes or striking heavy trucks or motorcycles, for instance, would help maximize autobrake’s benefits, a new IIHS study indicates. . .

Autobrake systems that reliably detect large trucks could prevent underride crashes. Twelve percent of U.S. passenger vehicle occupant deaths in 2017 were in crashes with large trucks, and 1 in 5 of these deaths occurred when a passenger vehicle struck the rear of a large truck.

Autobrake is good, but it could be better, IIHS, Status Report, Vol. 54, No. 2, February 21, 2019

If I am interpreting this correctly, this means that, currently, AEB on many vehicles do not reliably detect large trucks in order to prevent underride crashes. This is no surprise as there is almost 4 feet from the bottom of most trucks to the ground; the sensors are apparently not located in such a way as to be able to detect the truck body. No threat is recognized.

Therefore, it appears to me that we cannot rely on the current collision avoidance technology to prevent rear-end collisions of cars into trucks. If we want to more reliably prevent deadly underride and gruesome passenger compartment intrusion, why then would we not install effective comprehensive underride protection on all large trucks?

See what happens when collision does occur into the rear of a truck which is and is not equipped with an effective rear underride guard:

By the way, the same is, of course, true for the sides of large trucks where there is nothing but open space — nothing for the car’s sensors to detect. What will we do about that?

Download this video file to view a recent crash test by Aaron Kiefer into the side of a trailer equipped with the latest version of his SafetySkirt: Video Feb 24, 2 24 45 PM

AngelWing Crash Test at IIHS, March 30, 2017

Trucker Slow-Roll Protest Raises Awareness of Controversy Over How to End Truck Driver Fatigue Tragedies

There is ongoing and complicated controversy over how to prevent Truck Driver Fatigue. It involves how they are kept accountable for their time on the road (the paper logbook was converted to Electronic Log Books in December 2017), as well as the details of Hours Of Service (HOS) requirements. But the bottomline is how truck drivers get compensated.
Some truck drivers have taken the matter into their own hands to raise awareness of the problem and staged a “Slow-Roll Protest” in Indiana on February 21, 2019. Read about it here: Truckers ‘slow roll’ in Indiana protest
 
This is why I hope to realize my goal of organizing a Tired Trucker Roundtable — to catalyze collaborative conversation and action in order to end the ongoing tug-of-war over these regulations (or lack thereof). 
 

DC Underride Crash Test Event, March 26, 10:00 a.m.: Be There, or Be Square!

SAVE THE DATE: March 26, 2019, D.C. Underride Crash Test Event

D.C. Underride Crash Test AGENDA

See for yourself a crash into the side of a trailer — with & without underride protection.

See details here: Save the Date D.C. UNDERRIDE Crash Test flyer pdf

WUSA9 will be livestreaming the event on Facebook.

IIHS crash testing with & without a side guard:

IIHS crash testing weak rear guard & improved (but not required) rear guard:

  1. Sign the STOP Underrides Petition.
  2. Share the Petition link: https://www.thepetitionsite.com/104/712/045/congress-act-now-to-end-deadly-truck-underride/
  3. Call your U.S. legislators here.

CVSA Responds to Senators’ Request to Add Rear Underride Guards to Vehicle Inspection Checklist

Do you want to share the road with trucks which have bent, rusty, or cracked rear underride guards — making an already-weak protective device even weaker when not properly maintained?

That is the current reality on our roads. So we are encouraged by CVSA’s response to our request that they add underride guards to their commercial vehicle inspections:

“There are currently 15 items on the Commercial Vehicle Safety Alliance (CVSA) out-of-service criteria that render a commercial motor vehicle operator unqualified to drive if their trucks do not meet CVSA standards,” the [Senator Gillibrand & Senator Rubio letter to CVSA] said. “This list includes lighting devices, windshield, wipers and frame of the vehicle.”

But not underride guards!

The Stop Underrides Act (S. 2219) has been referred to the Senate Committee on Commerce, Science and Transportation.

In the meantime, the two lawmakers also have asked CVSA to consider upgrading the standard for rear guards with cracks, rust or corrosion to be placed out-of-service.

“We’ve been requested to look at them to see whether or not they belong in the out-of-service criteria,” Kerri Wirachowsky, director of CVSA’s roadside inspection program, told Transport Topics. “Maybe, maybe not. But before we go that far we need to see what is out there and what the condition of them are.”

Although there are federal requirements on size, placement and condition of the rear underguards, CVSA does not have a handle on how vigorously inspectors are checking the underguards or issuing violations when they’re “beat up, bent or have lost bolts,” Wirachowsky said.  CVSA Responds to Senators Deciding to Spend a Day Inspecting Underride Guards, August 15, 2018, Transport Topics

On February 13, 2019, WUSA9 reported on the results of that August 27-31, 2018, CVSA underride inspection project. Big changes coming to big rig risks, WUSA9, February 13, 2019

. . . our investigation uncovered many of those rear guards don’t measure up, and worse, hold up in accidents.

Now we’ve discovered the inspectors responsible for red-flagging dangerous rear guards, have very little power to do much about it.

As a result [of the underride inspection project], CVSA is now making major changes. 

  • It’s retraining road-side inspectors to check rear guards.
  • Asking the federal government to tighten the rules on rear guard inspections.
  • Effective immediately: the CVSA is increasing training on how to inspect rear guards. 
  • Adding it to the agency’s critical inspection item list.
  • Prohibiting inspectors from giving CVSA approved decal to any vehicle that doesn’t meet rear guard requirements.

The decals allow trailers, who have passed inspection, to roll through these stations without getting looked at again.

Meanwhile, other proposed changes will require federal approval, including adding faulty rear guards to list of things that can result in a trailer being pulled off the road, and adding rear guards to the check list trucks must meet to pass annual inspections. {* See footnote.}

The Stop Underrides Act would go even farther than the safety improvements the CVSA is now recommending. Major changes to stop underride accidents could be coming to US highways, WUSA9, February 13, 2019

We are also thankful to CVSA for their work with FMCSA on the recently published training video on the vehicle inspection process. This process now includes inspection of the rear end protection device (although I hope that they update the video with more details of what to look for, along with photos with examples of guards which don’t pass inspection).

VIDEO: A step-by-step review of a North American Standard (NAS) Level 1 inspection – narrated from the perspective of the commercial driver

* Hint, hint, hint, FMCSA. On November 1, 2018, we submitted a petition to FMCSA Administrator Martinez, asking that you add underride protection to Out-Of-Service items in Appendix G. We are still waiting for a decision.

Letter from FMCSA in response to our petition

AnnaLeah & Mary Lydia Karth. . . Never Forgotten. Always in my heart.

You will be forever on my mind.  Always in my .

Full of joy and sharing it freely. . .

Kind, witty, and wise. . .

David vs Goliath: Will Industry Lobby Power Win the Day in the Battle to End Preventable Truck Underride?

Almost fifty years ago, on March 19, 1969, the Department of Transportation publicly stated their intention to add underride protection to the sides of large vehicles. So why have they not yet done so?

Is it lack of data? Sure, the deadly underride problem is vastly undercounted. But the thousands of underride deaths actually recorded since that date are certainly enough to confirm that this problem needs to be addressed.

Is it a lack of practical, viable solutions? Actually, engineers have offered solutions to every kind of underride for decades. But without a mandate, investors are hesitant to back them and manufacturers are reluctant to stick their necks out in a highly competitive industry. (We have heard this with our own ears.)

So what is it then that has prevented DOT from moving forward to end Death By Underride? I have some good guesses. But look for yourself at this published evidence of industry attitude toward the idea of underride regulations (to end preventable horrific deaths & debilitating injuries), and then tell me what you think. . .

Yesterday morning, I saw a Tweet from the National Tank Truck Carriers (NTTC) in which they applauded the 2019 NTSB Most Wanted List. It included a link to an article in Bulk Transporter which carries on about how committed the Tank Truck Association is to highway safety and making the roads safer:

. . . NTTC’s members are always working to improve in these areas, incorporating the best technologies and people-management practices to combat distracted, impaired, and fatigued driving. NTTC is particularly pleased that none of the 45 recommendations in the Ensure the safe Shipment of Hazardous Materials section relate to highway mode transportation. Tank truck carriers carry a disproportionately large number of hazardous materials loads and work diligently to ensure they are transported safely.

“NTTC is pleased that our members’ efforts has resulted in zero highway-mode recommendations on the hazardous materials most wanted list,” said NTTC President Daniel Furth.

NTTC is dedicated to highway safety, and it looks forward to working with NTSB, the Department of Transportation, its modal agencies, and other stakeholders to make America’s highways as safe as possiblehttps://www.bulktransporter.com/tank-fleets/nttc-applauds-ntsb-s-most-wanted-list-transportation-safety-improvements

When I mentioned this to Jerry — because I was plotting how to reply to their Tweet asking them to also support safety through underride protection — he reminded me of a previous article, which I had found last Spring, where this same group (NTTC) stated that they anticipated a potential battle to fight a side underride mandate:

Miller: NTTC serves as an advocate for the industry.We track state and federal issues. For instance, we’re involved with trying to shut down the California rest break requirement, which is a bad deal for trucking companies and their drivers. It interferes with interstate commerce. 

BT: Is NTTC achieving success with efforts to preempt state rules that conflict with federal regulations?

Miller: Yes. NTTC does a great job of catching these issues early. We have significantly better legal and lobbying representation today. We’re also in a very strong financial condition, and we have funds available to finance our efforts

We’re the only organization that fought against the proposed mandate to ban wet lines, and we won. We may have to face off on a possible side-underride mandate in the near future. 

https://www.bulktransporter.com/tank-fleets/lee-miller-targets-drivers-critical-tank-truck-industry-issue (an excerpt at the very bottom of this lengthy interview article from April 30, 2018)

Draw your own conclusions and then ask yourself: “Will I be part of those who are swayed by the industry arguments and lobbying power and turn a blind eye to preventable and unimaginable underride tragedies? Or, will I stand with those who plead on behalf of the countless vulnerable victims of Death By Underride and call for a comprehensive underride protection mandate?”

Do you count yourself with David or Goliath?

Moms on a Mission to Make Truck Crashes More Survivable

After all, it was a fatal underride crash under the side of a milk tanker truck on July 6, 2017, which caught the attention of the U.S. Senators from New York.

Ambulance workers returning from call killed in I-81 milk tanker crash

Subsequently, Senator Schumer called for improved underride protection and Senator Gillibrand committed herself to supporting our drafted comprehensive underride protection bill, which was introduced on December 12, 2017, as the STOP Underrides! Act of 2017.

And here is a more recent fatal underride crash involving a tanker truck on December 26, 2018:

Four people were killed early Wednesday morning after the driver of the vehicle crashed into a tanker truck on the Garden State Parkway in New Jersey, police said.

Kevin Quispe-Prieto, 21, Jimmy Quispe-Prieto, 23, Victor Lugo, 24, and Robert Ordenana, 23, were killed following a crash near Berkley Township just before 3 a.m. Wednesday, New Jersey state police said. The driver of the oil tanker, who was not identified, suffered injuries that were not life-threatening.

Four people were killed after their vehicle collided with a tractor-trailer.
Four people were killed after their vehicle collided with a tractor-trailer. (FOX5NY)
Photo & video of car at back of tanker truck: 
And another side underride crash into a milk tanker truck: Deadly Milk Truck Crash Reported On Gilman Springs Road
  1. A few years ago, I discovered a March 16, 1977 Senate Investigative hearing, which was reported on in the March 29, 1977 IIHS Status Report.
  2. This is how that report began: The Insurance Institute for Highway Safety has released the results of a crash test program focused on the deadly problem of car-into-truck underride crashes. Appearing as lead-off witness at a March 16 Senate Investigative hearing, the Institute’s president, William Haddon, Jr., M.D., presented crash test films and analyses showing that: The 25 year-old federal “rear end protection” standard for devices on the backs of tractor-trailers and trucks is “a sham.”
  3. Further, Haddon warned Senators“Blood has been shed, heads literally have rolled and countless thousands of Americans have been injured because these agencies did not act. Further inaction would be inexcusable.”

 

Our stories show the world that this violence has to end.
But the forces up against us make it hard to score a win.
Yet we’ll climb up this mountain of grief once again.
Weeping is our strength; let this battle begin.

Lyrics: from the broken heart of a mother (remembering the peace and joy of AnnaLeah and Mary); Tune: Simple Gifts

Note: Here is a 1989 University of Michigan Transportation Research Institute (UMTRI) study including analysis of NHTSA rulemaking on rear guards:
“As indicated throughout our analysis, the proposed NHTSA rule was
never implemented. The exact reasons for not adopting it were
never explicitly stated. However, one can infer that the strong
opposition by the entire trucking industry combined with
‘”deregulation'” sentiments of the recent administration were the
major factors in its failure to be implemented. We note that
failure to implement a rule on underride guards took place
despite extensive research indicating their expected

#STOPunderrides Bill calls for NTSB Open Recs on underride to be resolved.

Lois Durso and I attended the NTSB Announcement of their 2019 Most Wanted List. We were disappointed that there was no mention of truck underride protection — despite the fact that every almost every aspect of the STOP Underrides! Bill is included in their Open Recommendations (unresolved issues).

Getting the Ear of Legislators for Bipartisan Collaboration to #STOPUnderrides

Lois Durso and I have had some excellent conversations with Senators and staffers in both Houses this week. When we have their ear and a bit of time to make them aware of the depth of the underride issue, they really seem to get it.

I only hope that this effort and the upcoming D.C. Underride Crash Test Event on March 26 will bear fruit very soon.

Since the original introduction of the bill on December 12, 2017,  unnecessary delay  has already allowed far too many underride deaths and injuries to continue occurring  — especially when this preventable problem has been known about for decades.