Last night, I was reading “Truck by Trailer”; The History of the Truck Trailer Manufacturing Industry, published by the Truck Trailer Manufacturers Association(TTMA) in 2017. It had come in the mail this week, and I thought that I would see what I could discover. What I discovered was that there was a photo of a May 29, 1969, Western Union Telegram from the Director of the National Highway Safety Bureau (equivalent of today’s NHTSA at DOT) to the TTMA. The message was:

THE TIME FOR COMMENT ON DOCKET 1-11–REAR UNDERRIDE PROTECTION–HAS BEEN EXTENDED UNTIL AUGUST 1, 1969.

That was referencing the rulemaking which was posted in the Federal Register on March 19, 1969, and in which DOT had stated their intention to add underride protection to the sides of large trucks. Interesting, I thought. So I started searching online to see if I could find a copy of that telegram to post online. After all, I was reading it 50 years later on August 1, 2019.

What I found instead was a Congressional Record from September 3, 1969, which included discussion of the National Traffic & Motor Safety Act of 1966 to fund, extend, & expand upon it. After some in-depth discussions about safety head gear and tire safety, Congressman Vanik from Ohio was given the floor. He made a lengthy statement, with noteworthy comments about underride protection, including the inadequacy of the proposed regulation for rear underride and the absence of regulations for smaller straight trucks, as well as protection on the sides and front of trucks.

Wait! What? Imagine! Fifty years ago, not only was DOT proposing rulemaking, but the U.S. Congress had become informed on this issue and wanted to see immediate action taken to make comprehensive and effective underride protection on all trucks THE LAW!

Are you listening, Congress? NOW is the time to act! What are we waiting for? Too many people — maybe well over 50,000 — have already paid the price since that public Congressional discussion which took place on September 3, 1969.

Congressional Record for September 3, 1969: https://www.govinfo.gov/content/pkg/GPO-CRECB-1969-pt18/pdf/GPO-CRECB-1969-pt18-2-1.pdf

Relevant excerpts from:

Congressional Record on Underride 9.3.1969 pp. 13-14

Mr. VANIK. . .  I would like to take this time to ask the chairman of the committee whether any consideration was given in this proposed legislation to direct the Administrator to provide for regulations which would bring about uniformity of bumper levels. With the intermix of automobiles and trucks on our Interstate Highway System, I ride in terror, as does everyone else on the public highways, when approach is made to trucks which have no bumper levels to meet those of an automobile. The fear of telescoping under a truck is something that haunts every driver on our highways.

There are thousands of accidents and hundreds of deaths that occur every year as a result of the telescoping problem. Some people have been decapitated in this way. And, it seems to me that some definite action should be taken to provide for uniformity of bumper levels between all vehicles. . . I would like to ask, Mr. Chairman, whether or not your committee considered this matter in connection with this legislation?

Mr. STAGGERS. I might say that the Secretary and the agency or the bureau has this authority now. I am informed that they have probably been looking into it. We do not know whether they plan to come up with any recommendations. But this is their duty and I might say that we can call to their attention now the fact that they should come up with some recommendation in the manufacture of trucks and cars so that there might be, as nearly as possible, developed some safety device as the gentleman has suggested that will prevent these accidents in order to keep these vehicles from overlapping upon impact.

I think the gentleman has raised a very good point. When this bill was brought up in 1966 this authority was given to the Secretary and to the National Safety Bureau.

Mr. VANIK. . . I understand that the Department of Transportation has published, as of March 19, 1969, a proposed rule which would become effective as of January 1, 1971, to provide rear underride protection for trailers and trucks with gross vehicle weight of over 10,000 pounds. . . {this rule was actually not finalized and effective until 1998}

But the Department’s rule is inadequate. The rule does not “apply to truck tractors, or any vehicles with gross vehicle weight rating of 10,000 pounds or less.” What these smaller trucks lack in danger in weight they make up for in speed. The standard should be applicable to all vehicles and trucks so that the risk of damage and fatalities resulting from nonmatching bumper guards is permanently and forever removed from American highways.

All trucks should be covered under the ruling and the ruling should have the force of law behind it. If such a regulation is not adopted during this year, I hope that your committee will issue a mandate for this regulation next year.

Following is a letter which I received on this subject from Mr. Robert Brenner of the National Highway Safety Bureau on August 4, 1969:

U.S. DEPARTMENT OF TRANSPORTATION, Washington, D.C., August 4, 1969. Hon. CHARLES A. VANIK, House of Representatives, Washington, D .C.

DEAR MR. VANIK: This is in further reply to your letter of July 14, 1969, requesting that the Secretary of Transportation issue regulations to improve bumper surface relationships between heavy trucks and passenger cars.

We concur with your views on the benefits that can be realized in reducing highway injuries and collision damage by requiring improved performance capabilities from motor vehicle bumpers. The National Highway Safety Bureau is, in fact, in the midst of developing several regulations that should alleviate, to some extent, the problems created by mismatched vehicle bumpers. . .

For your added information, the unsafe conditions resulting from the use of high front bumpers on heavy trucks are to be evaluated for eventual development of a regulation. . .Sincerely, ROBERT BRENNER, Acting Director.

He then lists specifics of the proposed rear underride rule, including this statement which was also included in the March 19, 1969, Federal Register:

It is anticipated that the proposed Standard will be amended, after technical studies have been completed, to extend the requirement for underride protection to the sides of large vehicles.