On June 28, 2024, the Advisory Committee on Underride Protection (ACUP) completed a scathing critique of the Department of Transportation. In a 410-page report, it documented a long history of agency reluctance to regulate the trucking industry’s safety practices, exposed allegations of misconduct by senior officials, and called for the reversal of recent rulemaking that the committee believed made “no substantial progress” to improving public safety.
In its Biennial Report, commissioned by Congress in the Infrastructure Investment and Jobs Act of 2021, the committee contended that fatalities from underride crashes, in which large commercial trucks cause severe injuries to occupants of passenger vehicles, as well as pedestrians, bicyclists or motorcyclists, are largely preventable. But the committee found that, for over 50 years, the Department has not required manufacturers to install guards under the open sides of trailers, due to pressure from the industry.
The report exposed allegations from a whistleblower of serious misconduct. According to a former project manager at the Department in the agency that enforces rules for the trucking industry, senior Department officials in the Trump administration suppressed taxpayer-funded research into the cost-effectiveness of regulations requiring side guards on trucks. Trucking company lobbyists reportedly were angered by the research findings and pressed the Department to alter them. Officials in the Biden administration commenced a rulemaking process that ignored the key findings of the suppressed research. The report called upon the Biden administration to reverse course and start the rulemaking process over again, this time by counting the benefits it previously ignored. Advocates have asked the Inspector General to investigate.
Many of the ACUP’s critiques and recommendations were adopted over the objections of the trucking industry, which lacked the ability to veto the committee’s actions. They published their dissent in a minority report authored by the CEO of Utility Trailer Manufacturing Corporation, which recently was found negligent for the fiery death of a 16 year-old boy in a side underride crash. Utility’s share of the punitive damages was $18.9 million.
The committee, which was composed of engineers, emergency medical professionals, victims, safety advocates, law enforcement, and the trucking industry, sent its Report via NHTSA to Congress and the Secretary of Transportation on July 2, 2024.
Below are links to the complete ACUP Biennial Report, the Majority Report, a Minority Report, and Appendices, including the statements of concurrence or dissent from ACUP members:
- Complete Report (June 28, 2024)
- Table of Contents
- Majority Report
- Advice & Recommendations to the Secretary
- Assessment of DOT’s Progress in Advancing Safety Regulations Relating to Underride Crashes
- Rear Underride Protection
- Side Underride Protection
- Front Underride Protection
- Automatic Emergency Braking
- Allegations Received by the ACUP of the Suppression of Underride Protection Research
- Minority Report
- Appendices
- A. Record of ACUP Motions – also, see record of votes in Minutes below
- B.Individual ACUP Member Statements of Concurrence or Dissent
- C. Technical Briefings – many of these can be found in meeting videos & PowerPoint presentations below
- D. Quon Kwan Notarized Statement (whistleblower)
- E. Volpe Center Scope of Work — “Truck Side Guards to Reduce Vulnerable Road User Fatalities”
- F. Allegedly Suppressed Volpe Center Final Report: “Truck Side Guards and Skirts to Reduce Vulnerable Road User Fatalities: Final Report on Net Benefits and Recommendations”
- G. NHTSA Petition under the Administrative Procedure Act re: FARS filed by Eric Hein
- H. Membership of the ACUP
- I. Meetings & Minutes (see below for November 15 minutes)
Other useful information to help you dig deeper into the work of the Advisory Committee on Underride Protection:
- Minutes from the November 15, 2024 ACUP meeting
- ACUP Webpage on the website of the National Highway Traffic Safety Administration
- Technical Briefings/PowerPoint Presentations at ACUP Meetings
- Presentations at November 15, 2023 ACUP Meeting –
- Rulemaking Process by Lina Vallivulah (NHTSA)
- Rear Underride History from Utility’s Perspective by Jeff Bennett
- Rear Underride by Matt Brumbelow
- Hydro Concept Rear Impact Guard (RIG) by Malcolm Deighton
- Rear Underride by Jennifer Tierney & Lee Jackson
- Rear Underride Prevention – Creating Crash Compatibility by Aaron Kiefer
- Biomechanics of Passenger Vehicle Underride by Mohammad Atarod
- Intermodal Chassis Presentation
- Concrete Barriers by Doug Smith
- Side Underride & the ANPRM by Matt Brumbelow
- Side Underride Crash Testing 2023 by Aaron Kiefer
- Side Underride Guards – Data & Analyses by Eric Hein
- APA Petition to Improve FARS Underride Data by Eric Hein
- Front Underride by Keith Friedman
- Rear Underride Guards by Marianne Karth
- Underride Data by Marianne Karth
- Front Underride by Marianne Karth
- Side Underride by Marianne Karth
- Other presentations may be added as available
- Video of the First ACUP meeting on May 25, 2023
- Video of the November 15, 2023 ACUP meeting
- Videos from the February 8, 2024 ACUP meeting, including presentations on rear underride
- Video of the March 13, 2024 ACUP meeting, including presentations on side underride
- Videos from the April 24, 2024 ACUP meeting, including presentations on front underride & data
