Anyone, who observes a rear underride guard in an obvious state of disrepair, can report it to the Federal Motor Carrier Safety Administration (FMCSA) via their online National Consumer Complaint Database. Make note of the name of the trucking company. If possible, memorize its DOT# and get a photo of the guard. Then follow these step-by-step instructions for reporting this truck safety hazard as soon as possible:
- Instructions to Report Violations of FMCSA’s REAR IMPACT GUARD Regulations
- Rear Underride Guard Maintenance Complaint Form (Use this to gather the information needed to submit a complaint on a damaged rear guard.)
Here are some examples of rear underride guards in disrepair — a condition which weakens their ability to stop a car from riding under the truck in the event of a collision:
Millions of trucks on the road have rear underride guards which are already too weak to prevent deadly underride. When they are not properly maintained, their strength is reduced even further.
As of December 9, 2021, the Federal Motor Carrier Safety Administration (FMCSA) is requiring that trucking companies monitor the condition of the rear underride guards on the back of their trailers. Truck drivers should look over this safety equipment when they do a pre-trip inspection. If this Rear Impact Guard has not been properly maintained, the trucking company and the truck driver could receive violations with fines attached at the time of annual vehicle inspection due to a Final Rule published by the FMCSA.
If a truck fails the inspection, the violation could cost a motor carrier a maximum of $15,876 and a truck driver $3,969. This could lead to the replacement of many rear underride guards — hopefully, with guards that meet the TOUGHGuard level of strength proven possible by the Insurance Institute for Highway Safety and now on many new trailers.
Motorists who notice guards in questionable condition can help to make sure that this important regulation gets enforced by using this tool to report them to the U.S. Department of Transportation:
Let’s hope that trucking companies and truck drivers will take responsibility themselves to properly maintain this safety equipment and even go so far as to replace outdated equipment with the stronger retrofit kits which are available thanks to innovative engineers — at a cost less than that of fines!
Recent Rear Underride Fatalities:
Why are we working so hard to get weak rear underride guards replaced?
