Category Archives: Truck Safety

Advisory Committee on Underride Protection Reports to Congress & DOT Secretary

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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:

Other useful information to help you dig deeper into the work of the Advisory Committee on Underride Protection:

Advisory Committee on Underride Protection, April 24, 2024 Meeting Record

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The NHTSA Advisory Committee on Underride Protection held its fifth meeting on April 24, 2024, via Zoom. The main agenda items were side and front underride. Presentations and discussions from the meeting can be viewed by using the YouTube video links below.

ACUP April 24, 2024, Meeting Segment Video Links
NHTSA ACUP Meeting – Welcome & Call to Order, Advisory Committee on Underride Protection (ACUP)
NHTSA ACUP Meeting – Side Underride Data and Analyses, Eric Hein of the Institute for Safer Trucking
NHTSA ACUP Meeting – Missed Opportunities to Prevent Side Underride Fatalities, with Marianne Karth
 NHTSA ACUP Meeting – Front Underride, with Marianne Karth of AnnaLeah & Mary for Truck Safety
 NHTSA ACUP Meeting – Concrete Barriers Then and Now, with Doug Smith of the Ralph Smith Company
 NHTSA ACUP Meeting – Front Override, Keith Friedman of the Friedman Research Corporation
NHTSA ACUP Meeting – Side Underride Guards and Intermodal Chassis, with Dennis Lombardi of the IICL
NHTSA ACUP Meeting – Motions and Discussion, the Advisory Committee on Underride Protection (ACUP)
Full YouTube Playlist of Meeting Videos
Advisory Committee on Underride Protection, April 24 Meeting Video Playlist POST

Advisory Committee on Underride Protection, April 24 Meeting Video Playlist

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The NHTSA Advisory Committee on Underride Protection (ACUP) held its fifth meeting on April 24, 2024, via Zoom. The main agenda items were side and front underride. Presentations and discussions from the meeting can be viewed by using the YouTube video playlist link here.

The next (and last currently scheduled) ACUP meeting will be held via Zoom on May 22, 2024. The ACUP’s two-year charter is due to expire by the end of June.

Senior Agency Officials Suppressed Side Guard Research — Impacting Regulatory Analysis

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All road users are vulnerable to deadly collisions with large trucks. Truck underride guards can reduce the severity of injuries which occur when a passenger vehicle, pedestrian, bicyclist, or motorcyclist goes under a truck.

Advocate efforts to bring about federal underride regulations have been blocked for decades. Recent testimony from a whistleblower revealed that senior agency officials suppressed vital research — hiding the fact that side underride guards would be cost-effective. Key documents are provided here:

  • A slide presentation by Mr. Kwan to safety advocates and researchers on April 22, 2024, explaining the suppressed research — pdf and video;
  • Exhibit A — the Statement of Work for contract number SA9PAI. FMCSA contracted with the Volpe National Transportation Systems Center for these deliverables to fulfill the research project entitled, Truck Side Guards to Reduce Vulnerable Road User Fatalities; 
  • Exhibit B — The Suppressed Research – Truck Side Guards and Skirts to Reduce Vulnerable Road User Fatalities: Final Report on Net Benefits and Recommendations, the final report received from the Volpe Center, meeting all the requirements of the Statement of Work. Among other things, this final report found that it was cost effective to require tractor-trailers and single-unit trucks to be equipped with lifesaving side impact guards. The cost-benefit analysis and most of the rest of this final report were suppressed from the published report by U.S. DOT; and 
  • Exhibit C — email communications obtained through the Freedom of Information Act which document that meetings and discussions concerning the Volpe Center report occurred among senior officials at DOT, NHTSA, and FMCSA in 2019 and 2020 without Mr. Kwan’s participation.

Sign this PETITION:

If this suppression of research goes unchecked, people will continue to be killed senselessly from preventable Death By Underride. Tell President Biden to take immediate action in order to undo the damage done by this misrepresentation of the costs and benefits of truck underride protection:

  1. Direct the Secretary of Transportation to withdraw the erroneous Side Impact Guard rulemaking and then do it right in a new one by counting all preventable deaths as a benefit to society;
  2. Appoint a Presidential Advisory Committee on Integrity of Underride Research to review and ensure the scientific integrity of all underride-related research and rulemaking; and
  3. Establish the Office of National Roadway Safety Advocate in the Office of the Secretary of Transportation proposed by members of Congress.
  4. Amend the July 2022 Rear Impact Guard Rule – bring it up to the TOUGHGUARD strength, as directed by Congress (Appropriations).

Can we expect the Department to adhere to its scientific integrity policy published in January 2024, or is it simply meaningless rhetoric?

Require that agency officials, including public affairs officers, shall neither ask nor direct nor
suggest that agency scientists and technology experts alter the presentation of their
scientific findings in a manner that may compromise the objectivity or accurate
representation of those findings. Scientific Integrity Policy of the United States Department of Transportation, p.11

Can we count on them to mend the broken trust and act with a sense of urgency to fulfill their mission to reduce roadway deaths and injuries?

Media Coverage

How To Make Crashes With The Front Of A Truck More Survivable

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Researchers, safety advocates, and underride victim survivors gathered on April 17 to discuss how to make crashes with the front of a truck more survivable. Experts from around the globe shared their expertise and answered questions:

Front Impact Guard Webinar – April 17

Video Coverage of Speaker Presentations:

Presenter Slides & Papers:

Hopefully, the information shared and learned during this discussion will be but the beginning of a collaborative global conversation leading to the reduction of preventable truck crash fatalities — one life at a time.

Posts on Front Underride Protection

Truck Impact Guards = Underride Protection!

Register for April 24 Meeting of Advisory Committee on Underride Protection

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The National Highway Traffic Safety Administration (NHTSA) has announced that registration is open for the next meeting of the Advisory Committee on Underride Protection (ACUP):

  • April 24, 12:30 – 4:30 p.m. ET; Topics: Side Underride and Front Override

Register here to observe via Zoom.

April 24 will be the fifth 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.

Front Impact Guard Webinar – April 17

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What is Front Underride or Override Protection?

Find out by joining this webinar

On April 17, 2024 via Zoom, 8:00 a.m. – 10:00 a.m. (Eastern)

AGENDA

  1. Welcome
  2. Current Regulation – Iain Knight, Director & Principal Engineer at Apollo Vehicle Safety, UK
  3. Original Equipment Manufacturer (OEM) View – Reimert Sjoblom,  Expert Engineer Passive Safety with the Scania Group
  4. Crash Data & Future Needs – Rikard Fredriksson, Senior Advisor at the Swedish Transport Administration, Professor at University of Chalmers, Euro NCAP Board
  5. New Countermeasures & Test Methods – Rob Thomson, Professor of Vehicle Safety at the Chalmers University of Technology (Sweden)
  6. Wrap up with Opportunity for Q&A and Discussion of What This Means for US

If you’d like to know more about front underride protection, join a Zoom presentation/discussion on April 17, 8:00 – 10:00 a.m. (EST). I know it’s going to be early, but we’ll be hearing from FUP experts located in the UK and Sweden. To receive a Zoom link, send your request to: marianne@annaleahmary.com.

What is Front Underride Protection? (Find out on April 17)

Truck Impact Guards = Underride Protection

Advisory Committee on Underride Protection, February 8, 2024 Meeting Record

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The NHTSA Advisory Committee on Underride Protection held its third meeting on February 8, 2024, via Zoom. The main agenda item was rear underride. Presentations and discussions from the meeting can be viewed by using the YouTube video links below.

Meeting Segment
ACUP Welcome & Call to Order
Rulemaking Process – Lina Vallivullah (NHTSA)
A History of Trailer Rear Impact Guards from Utility’s Perspective; Jeff Bennett (Utility Trailers)
Truck Rear Underride; Matt Brumbelow (IIHS) 
Hydro Concept Rear Impact Guard (RIG); Malcolm Deighton (Hydro Aluminum Extrusions) 
Crash Avoidance Technology; Wolfgang Hahn (ZF CV Systems North America) 
Rear Underride Guard Report Recommendations & References; Lee Jackson & Jennifer Tierney (Truck Safety Coalition) 
A Historical Overview of Rear Underride Research, Recommendations, & Rulemaking; Marianne Karth (AnnaLeah & Mary for Truck Safety)
Rear Underride Prevention – Creating Crash Compatibility: Rear Guard Standards; Rear Guard Weight; Rear Guard Retrofit; Aaron Kiefer (Collision Safety Consulting) 
ACUP Member Discussion of Past & Present Motions – NHTSA Response to Information Requests, Assessment, & Recommendations, as well as ACUP communications

Truck Impact Guards = Underride Protection

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So, you ask, what are Truck Impact Guards? To borrow from NHTSA terminology, Rear Impact Guards are devices attached to Commercial Motor Vehicles in order to GUARD against deadly underride and intrusion into the occupant survival space of a passenger vehicle when there is a collision or IMPACT [an impinging or striking especially of one body against another, Merriam Webster] at the REAR of a large truck.

The difference a well-designed rear impact guard can make

Although NHTSA does not yet require them, a Side Impact Guard is, likewise, a device attached to a large truck to GUARD against deadly underride and intrusion into the occupant survival space of a passenger vehicle when there is a collision or IMPACT at the SIDE of a large truck.

Underride Crash Tests – Without & With Side Impact Guards

Thus, it stands to reason, even though NHTSA apparently has no plans at present to require this life-saving device, a Front Impact Guard is a device attached to a large truck to GUARD against deadly underride and intrusion into the occupant survival space of a passenger vehicle when there is a collision or IMPACT at the FRONT of a large truck.

Volvo Trucks Safety – Front Impact Guard crash test

Truck Impact Guards do not prevent crashes. But, they do compensate for the lack of crash compatibility, which exists due to the geometric mismatch between the “bumpers” of two colliding vehicles that allows one to slide UNDER the other. Effective impact guards ensure that the passenger vehicle’s crashworthiness features — air bags, crumple zones, bumpers, seat belt tensioners — operate as intended to preserve the occupant survival space. This improved crash compatibility can, therefore, serve to make truck crashes more survivable.

These engineer-designed devices can also GUARD Vulnerable Road Users (VRUs) — pedestrians, bicyclists, and motorcyclists — reducing the likelihood of catastrophic injuries during collisions with large trucks.

What is Front Underride Protection? (Find out on April 17)

What is Front Underride Protection? (Find out on April 17)

Safety Advocacy, Truck Safety, , ,

If you’d like to know more about front underride protection, join a Zoom presentation/discussion on April 17, 8:00 – 10:00 a.m. (EST). I know it’s going to be early, but we’ll be hearing from FUP experts located in the UK and Sweden. To receive a Zoom link, send your request to: marianne@annaleahmary.com.

Hear a presentation from international experts on front underride or override protection:
• Iain Knight, Director, Apollo Vehicle Safety, UK
• Rikard Fredriksson, Senior Advisor, Swedish Transport Administration
• Robert Thomson, Professor of Vehicle Safety at Chalmers University of Technology

Join in a discussion, with opportunity to ask questions, about how the UNECE Front Underrun Protection Standard from 1993 and recently published FUP research could save lives on American roads.

If you’re not able to attend, I will be recording it and will convert it to a YouTube video.

What is Front Underride Protection – Save the Date pdf

Posts on Front Underride Protection

Truck Impact Guards = Underride Protection!