Tag Archives: NHTSA

Upcoming Underride Advisory Committee Meeting Schedule

The National Highway Traffic Safety Administration (NHTSA) has announced the next four meetings of the Advisory Committee on Underride Protection (ACUP):

  • February 8, 12:30 – 4:30 p.m. ET; Topic: Rear Underride
  • March 13, 12:30 – 4:30 p.m. ET; Topic: Side Underride
  • April 24, 12:30 – 4:30 p.m. ET; Topic: Front Override
  • May 22, 12:30 – 4:30 p.m. ET; Topic: Underride Data

Register here to observe via Zoom.

February 8 will be the third public meeting of the committee, which was established to provide advice and recommendations to the Secretary of Transportation on safety regulations to reduce underride crashes and fatalities relating to underride crashes.

Video of Speakers at Underride Victim Vigil

Families of underride victims gathered on September 14, 2023, in front of the U.S. Department of Transportation at 1200 New Jersey Ave SE in Washington, DC — with crash test cars from the Insurance Institute for Highway Safety 2017 side underride research in the background — to remember loved ones, who lost their lives due to truck underride.

The families rang a commemorative bell for over 750 victims, primarily from the last few years, and called upon the Department to re-evaluate publicly available data, end their decades of inaction, and issue strong underride regulations. Their message was this: Delay = Death.

Thanks to Sarah Haedrich, Vision Zero Coalition Coordinator for the Washington Area Bicyclist Association (WABA), we have video footage of some of the speakers at this event:

We are thankful for all who spoke at the Underride Victim Vigil, including:

  • Dr. Elisa Braver, epidemiologist and safety researcher
  • Andy Young, The Law Firm for Truck Safety
  • Barry Davis, father of underride victim Ally Davis
  • Lois Durso, mother of underride victim Roya Sadigh
  • Congresswoman Jan Schakowsky (D-IL)
  • Sean O’Malley, Insurance Institute for Highway Safety
  • Abbie Bingham Endicott, cousin of underride victim Sylvia Bingham
  • Daniel Langenkamp (husband of underride victim Sarah Langenkamp) read a statement from Stephen Bingham, father of underride victim Sylvia Bingham
  • Nancy Avis, cousin of underride victim Carling Mott
  • Harry Adler, Institute for Safer Trucking
  • Jerry and Marianne Karth, parents of underride victims AnnaLeah & Mary Karth

A Record of Those Remembered in the Underride Victim Vigil

Media Coverage of DC Underride Victim Vigil & Press Conference

Media Coverage of DC Underride Victim Vigil & Press Conference

Families of underride victims gathered on September 14, 2023, in front of the U.S. Department of Transportation at 1200 New Jersey Ave SE in Washington, DC — with crash test cars from the Insurance Institute for Highway Safety 2017 side underride research in the background — to remember loved ones, who lost their lives due to truck underride. The families rang a commemorative bell for over 750 victims, primarily from the last few years, and called upon the Department to re-evaluate publicly available data, end their decades of inaction, and issue strong underride regulations.

Their message was this: Delay = Death.

A Record of Those Remembered in the Underride Victim Vigil

Media coverage included:

Grieving families say US Department of Transportation failed victims of tractor-trailer underride crashes

Speakers at the press conference included:

  • Dr. Elisa Braver, epidemiologist and safety researcher
  • Andy Young, The Law Firm for Truck Safety
  • Barry Davis, father of underride victim Ally Davis
  • Lois Durso, mother of underride victim Roya Sadigh
  • Congresswoman Jan Schakowsky (D-IL)
  • Sean O’Malley, Insurance Institute for Highway Safety
  • Abbie Bingham Endicott, cousin of underride victim Sylvia Bingham
  • Daniel Langenkamp (husband of underride victim Sarah Langenkamp) read a statement from Stephen Bingham, father of underride victim Sylvia Bingham
  • Nancy Avis, cousin of underride victim Carling Mott
  • Harry Adler, Institute for Safer Trucking
  • Jerry and Marianne Karth, parents of underride victims AnnaLeah & Mary Karth

“Underride crashes, which occur when a car slides underneath the body of a truck, have tragically become all too common on our highways. These crashes are preventable. Underride guards on large trucks save lives. I urge @NHTSAgov to implement stronger protections without delay,” said Congresswoman Jan Schakowsky. “I would be remiss if I did not mention all the survivors and family members who are turning their personal tragedy into advocacy. We could not do this without you.”

Underride Victim Families Appeal to Secretary Pete Buttigieg

Letter to DOT Office of Inspector General, September 14, 2023

We pray for Secretary Buttigieg

Video of Speakers at Underride Victim Vigil

Underride Victim Vigil & Press Conference on DOT Steps in DC

On September 14, from 1:00 to 2:30 p.m., families of victims of horrifying truck underride crashes will be standing vigil in front of the Department of Transportation in Washington, DC. We will be ringing a bell to memorialize the victims and sound an alarm. We will hold a press conference calling upon the Department of Transportation to require truck underride guards which will protect pedestrians, cyclists, and the motoring public from these violent and preventable deaths.

SAVE THE DATE Underride Victim Vigil & Press Conference FINAL

Participants will be invited to ring the bell for their own loved ones or for truck crash victims remembered in these underride crash memorial posts — the tip of the iceberg of precious loved ones gone too soon.

Underride Victim Memorial Bell

Public Comments on the Side Guard ANPRM (Advance Notice of Proposed Rulemaking)

NHTSA closed the Public Comment Period on the Advance Notice of Proposed Rulemaking (ANPRM) for side underride guards on July 20, 2023. NHTSA asked commenters to respond to these nine questions. Here’s where the comments are posted: Advance Notice of Proposed Rulemaking for Side Underride Guards. To make it easier to read through the thousands of comments, I’m providing pdfs and/or links to many of them — although it’s not an exhaustive compilation.

Links to Many of the Public Comments on the Side Guard ANPRM

Public Comments on the Side Guard ANPRM – As of June 16, 2023 (119)

The majority of comments (over 1,000) posted from June 16 through June 23 were from individuals and organizations which support the requests in the Public Comment from the League of American Bicyclists – calling for pedestrians and bicyclists to be included in the data for side guard regulatory analysis. (Motorcyclists are vulnerable to underride as well.)

Some-of-the-Public-Comments-on-the-Side-Guard-ANPRM-June-24-July-22-2023.pdf

The Following are Links to Individual Public Comments (which were submitted as or with attachments):

Eric Hein

Institute for Safer Trucking IST-Comment-on-Side-Underride-PC-Final.pdf

Truck Safety Coalition TSC-Comment-on-ANPRM.pdf

Perry Ponder/Seven Hills Engineering

Wabash National (Trailer Manufacturer) Wabash-comment-on-ANPRM.pdf

Werner Enterprises Wermer-Enterprises-Comment-on-ANPRM.pdf

Safety Research & Strategies Safety-Research-Strategies-Comment-on-ANPRM.pdf

National Waste & Recycling Association Waste-and-Recycling-Comment-on-ANPRM.pdf

Lois Durso Lois-Durso-Comment-on-ANPRM.pdf

Mark Hawkins Mark-Hawkins-Comment-on-ANPRM.pdf

American Trucking Associations (ATA) ATA-Comment-on-ANPRM.pdf

Owner Operator Independent Drivers Association (OOIDA) OOIDA-Comment-on-ANPRM.pdf

Chicago Department of Transportation Chicago-DOT-Comment-on-ANPRM-1.pdf

Fortier/PHSS

Coalition of Intermodal Associations Intermodal-Association-Comment-on-ANPRM.pdf

Andy Young Andy-Young-Comment-on-ANPRM.pdf

Consumer Reports Consumer-Reports-Comment-on-ANPRM.pdf

Elisa Braver Elisa-Braver-Comment-on-ANPRM.pdf

Aaron Kiefer/Collision Safety Consulting 

American Truck Dealers American-Truck-Dealers-Comment-on-ANPRM.pdf

Insurance Institute for Highway Safety (Matt Brumbelow) IIHS-Comment-on-ANPRM.pdf

National Association of Mutual Insurance Companies (NAMIC) NAMIC-Comment-on-ANPRM.pdf

Advocates for Highway & Auto Safety Advocates-for-Highway-Auto-Safety-ANPRM-FINAL.pdf

Truck Sail Truck-Sail-Comment-on-ANPRM.pdf

Association of Pedestrian & Bicycle Professionals Association-of-Pedestrian-and-Bicycle-Professionals-Comment-on-ANPRM.pdf

Jay Hightman The-Robyn-Hightman-Foundation-Comment-on-ANPRM.pdf

City of Boston Transportation Cabinet City-of-Boston-Transportation-Cabinet-Comment-on-ANPRM.pdf

Montgomery County Families for Safe Streets Montgomery-County-Families-for-Safe-Streets-Comment-on-ANPRM.pdf

Association of Pedestrian & Bicycle Professionals Association-of-Pedestrian-and-Bicycle-Professionals-Comment-on-ANPRM.pdf

Massachusetts Vision Zero Coalition Massachusetts-Vision-Zero-Coalition-Comment-on-ANPRM.pdf

National Association of Trailer Manufacturers National-Assn-of-Trailer-Mfrs-Comment-on-ANPRM.pdf

Jerry Karth Jerry-Karth-Comment-ANPRM.pdf

Comment from Jerry & Marianne Karthattachments:

According to the federal rulemaking process, the next step is for NHTSA (and that will include the Advisory Committee on Underride Protection)to begin reviewing and evaluating the comments which have been submitted from the public. Now is the time for the development of a recommendation to the Secretary of Transportation as to whether a side guard regulation would be cost effective.

In other words, now is the time to finally determine that safety is an acceptable cost of doing business and Death By Underride is an unacceptable, unreasonable, and preventable risk for all road users. At least, that’s what I think.

Still Time to Submit a Public Comment on Side Guard Rule (July 20)

Don’t miss the July 20 deadline (extended from June 20) for submitting a Public Comment to NHTSA on the Advance Notice of Proposed Rulemaking for Side Underride Guards. Here’s how you can do it:

  • Go to this link.
  • Write your comment to let NHTSA know why you want them to proceed with a rule on side guards.
  • If you have specific information to answer NHTSA’s nine questions, you can include it in your comments and/or add attachments.
  • Please note the WARNING:   Do not submit personally identifiable information through this form. Any personally identifiable information (e.g., name, address, phone number) included in the comment form or in an attachment may be publicly disclosed in a docket or on the Internet.
  • Use the drop down box to Select a Comment Category (Rule/Proposed Rule/Final Rule).
  • Provide your email address (won’t be published online) and indicate that you’re an Individual and NOT a Robot.
  • Then, SUBMIT.
  • That’s it. Thank you!

Public Comments on the Side Guard ANPRM – As of June 16, 2023 (119)

The majority of comments (over 1,000) posted from June 16 through June 23 were from individuals and organizations which support the requests in the Public Comment from the League of American Bicyclists – calling for pedestrians and bicyclists to be included in the data for side guard regulatory analysis.

Comment from Jerry & Marianne Karth

STOP Senseless Roadway Deaths: Give Victims a Voice

Inaction by federal traffic safety agencies, who are fiercely and disproportionately influenced by industry pressure, has left all road users at risk. As a follow-up to the PBS/Frontline truck underride documentary, on June 22, ProPublica published an article which has exposed the depth of this regulatory capture and the powerlessness of safety activists to bring about change.

If I hadn’t already been aware of most of the details of this report, I might have had a hard time believing it was for real. I’m curious what you think of it. It’s a long read, but worth it!

  • “The Department of Transportation allowed trucking lobbyists to review an unpublished report recommending a safety device that could save lives by preventing pedestrians and cyclists from getting crushed under large trucks. . .
  • But that recommendation generated intense resistance, both internally, from department officials who challenged their findings, and externally, from trucking industry lobbyists. . .
  • After meeting with trucking industry lobbyists in December, 2018, the DOT supervisor overseeing the project emailed researchers: “PLEASE delete any mention of a recommendation to develop…any regulation.” DOT Researchers Suggested a Way to Make Big Trucks Safer. After Meeting With Lobbyists, Agency Officials Rejected the Idea.

If that disturbs you (and it’s just the tip of the iceberg), please sign the petition for a National Roadway Safety Ombudsman so that this kind of regulatory capture doesn’t continue to happen:

STOP Senseless Roadway Deaths: Give Victims a Voice

It’s time to turn the tide and demand that vulnerable victims of vehicle violence be given a vigilant voice at the table. It’s time for a National Roadway Safety Ombudsman to serve the public’s best interests at the Department of Transportation.

Credit to Ken McLeod

So, what did you think of the PBS/Frontline Underride Documentary?

We’ve been anticipating the final result of a year-long investigation by @propublica and @frontlinepbs on the truck underride issue. Their team pulled together an immense amount of information on a century-old problem. Of course, an hour could never cover it all. But I think that they created a compelling argument. The question is, what did you think?

If you haven’t had a chance to see the documentary or read the accompanying stories, here are some useful links:

My next question is, what are you going to do in response to what you heard and/or read? And what kind of reaction and action should we hope to see from:

  • Congress?
  • Secretary of Transportation Pete Buttigieg (who declined to be interviewed)?
  • National Highway Traffic Safety Administration?
  • USDOT Inspector General?
  • Trucking Industry?

Anyone can act on their personal convictions and sign our petition: Secretary Pete, It’s Past Time To End Death By Underride! We will be submitting a spreadsheet of all signatures & comments made on the petition to Secretary Buttigieg and to the NHTSA Public Comment docket for the Advance Notice of Proposed Rulemaking on Side Guards. Here are some other things you can do: How You Can Help!

What do I think? Among other things. . . I think that we need a Congressional Oversight Underride Field Hearing and an investigation by the DOT Inspector General. I’d also like the opportunity to have a meeting with Secretary Buttigieg to discuss underride. Beyond that, I think that we need a long-term solution for this and other roadway safety issues. I think that we need a National Traffic Safety Ombudsman, in place at the USDOT Office of the Secretary, whose role will be to ensure that the voice of victims is appropriately heard and heeded — so that industry no longer has a disproportionate, unfair voice.

PBS/Frontline Underride Documentary & Petition to Secretary Pete

Recent months have brought progress in the right direction to solve the truck underride problem. A PBS/Frontline documentary focused on underride will be aired on Tuesday, June 13, 10/9 Central. See the trailer here, America’s Dangerous Trucks. Spread the word! Breakout stories and articles:

  1. We are launching a new online petition to take advantage of the national attention this broadcast will bring to the hidden problem of underride. Please sign & share: Secretary Pete, It’s Past Time To End Death By Underride! These signatures & comments will be submitted to NHTSA.
  2. In April, the National Highway Traffic Safety Administration (NHTSA) announced members of the Advisory Committee on Underride Protection. The first ACUP meeting was on May 25. This diverse group, with both industry and safety advocates represented, will be making recommendations to Secretary Pete/NHTSA about how to end Death By Underride.
  3. At the same time, NHTSA published an Advance Notice of Proposed Rulemaking (ANPRM) for a potential side guard regulation. Add your voice to our message. Submit a Public Comment (by July 20) here in support of requiring side guards on all new trucks. Help us to bring this long-overdue rule across the finish line.

Thank you for being a part of TEAM Underride!

Taking On a Safety Issue: Hazardous Railroad Crossings

I made a Public Comment at the meeting of the Motor Carrier Safety Advisory Committee (MCSAC) on June 6, 2023, related to railway crossing safety. I was motivated to do so by two things.

First of all, I have listened to members of the trucking industry point to the potential of side guards causing an increase in tractor-trailer hang ups on high centered railroad crossings — using it as a basis for opposing a side guard regulation. Yet, in ten years, I have never heard them discuss how they could address this safety problem, which occurs even without side guards.

Secondly, when I was around 26, I worked as a Hospice Pilot Program Analyst for Blue Cross & Blue Shield of Michigan. After some time on the job, one of my coworkers had a baby, who was the delight of her life.  After my family moved away from the Detroit area, we kept in contact mostly through exchanging Christmas cards. One year I received a note from our former boss, who told me that my friend’s now 16 year-old had died when the car in which she was a passenger was hit by a train on her way to her high school. I wrote about her story in a post, Too Often, Too Little, Too Late; A Conspiracy of Silence , in 2015:

Fast forward to 2013, when I, too, experienced the awful devastation of losing a child [make that two] to an unexpected, horrific, potentially-preventable, premature death due to a car crash [this time hit by a truck]. Now I understood what my friend had faced.

Just recently, I tried to reach out to her again–to no avail–after I ran across the news article and the picture of baby “Joy” when going through boxes at our home. I re-read the details of the crash and discovered that there had been no flashers or guard at the fateful railroad crossing–less than a mile from her high school.

As a bereaved-mom-become-safety-advocate, I wanted to know if something had been done to improve safety at the site of that crash 34 years ago. I was encouraged to find out, from the township responsible for that section of roads, that they had bypassed the option of flashers and guards and immediately closed off that particular dirt road where it crossed the tracks.

A good move. Chances are it saved someone. But it was Too Late for Joy.

Why does it Too Often take a death to wake us up to the dangers that were there all along?”

I did not hear from my friend for 40 years because her grief was so intense and it was hard for her to see me with my family of nine living children. In 2020, out of the blue, I received an email from her. Among other things, she shared with me what she and her husband and younger daughter had done following their tragic loss:

[We] took on the State of Michigan after the train crash that killed [Joy and her friend Hope].  After a public hearing, we convinced the state to close the railroad crossing near [the] High School where the crash occurred.  The crossing was at the bottom of a gravel hill and no warning lights or gates were at the site.  State inspectors would park at the top of the hill and walk down to “inspect” it, too concerned to drive down. The site could not be fixed to make it safe for others and the road leading to it is now closed.  No one else will die there.  During our investigation, we found that many other dangerous railroad sites like this exist.  I was too devastated to do anything about those sites in the way you have, and I admire your courage for that.

June 6, 2023

Administrator Hutcheson,

I hope that FMCSA will seriously consider our attached petition and do what is within your power to make railway crossings safer.

Respectfully,

Jerry & Marianne Karth

Here’s our petition to the Federal Motor Carrier Safety Administration: Petition to the FMCSA for Railway Crossing Safety Measures

Here’s our petition a few days earlier to the Federal Railroad Administration: Petition to the FRA for Railway Crossing Safety Measures

Relevant Resources On This Topic:

What can we learn about industry concerns regarding a potential side guard regulation?