Report Card on HR 22; Do we really want 91,000-pound trucks as included in the highway bill: Amendment #29?

Here is the latest on the highway bill (afternoon):

Actually, here is an update from 7 pm after a vote:  http://thehill.com/policy/transportation/259048-house-rejects-highway-bill-amendment-to-allow-heavier-trucks

ACTION NEEDED TO OPPOSE TRUCK WEIGHT INCREASE AND OTHER ANTI-SAFETY AMENDMENTS IN HOUSE TRANSPORTATION BILL
November 3, 2015

BACKGROUND:
The surface transportation reauthorization legislation currently being considered by Congress will set transportation policy for the next six years and is an opportunity to reverse the upward trend of truck crash death and injuries. If the safety title in the bill is not enhanced when the House and Senate meet in conference on the legislation, the American public will pay with their lives and their wallets.

The House of Representatives will be considering amendments to H.R. 22, the Drive Act as further amended by H.R. 3763, the Surface Transportation Reauthorization and Reform Act of 2015, with voting beginning as early as tonight, November 3rd. It is imperative that we contact as many lawmakers as possible to urge them to vote against anti-safety amendments.

We must send a strong message that the American public does not want heavier trucks, particularly 91,000-pound trucks as offered by Representatives Reid Ribble (WI), David Rouzer (NC), Kurt Schrader (CO), and Collin Peterson (MN) in Amendment #29.
Please read the Report Card (see below) which should serve as a primer to the safety and anti-safety amendments that have been submitted to the House Committee on Rules.
TAKE ACTION NOW:

Please take the time to call Representatives from your state, and urge them to oppose the Ribble Amendment and any other anti-truck safety amendments.

To Contact Your Representative Click Here.

To Contact Representatives from Your State Click Here

REPORT CARD – House of Representative Amendments to H.R. 22

REPORT CARD - House of Representative Amendments to H.R. 22

TSC, 2015

Do we really have to beg our legislators to vote for safety instead of profitability? Give me a break!

Right now, the House of Representatives is getting ready to vote on a multi-year highway bill. It is my understanding that lobbyists have asked legislators to propose amendments to the bill which could make the roads less safe.

It seems to me that this is a prime example of the need for a shift to a Vision Zero policy in our government. If we have to beg our senators and representatives to vote for safety instead of profitability {saving human lives over decreasing the profits of corporations}, then that indicates to me that, unless we make our voice heard and call for lasting, far-reaching, bottomline change, we will continue to fight this battle year after year–and the trucking and automotive industries will continue to have the upper hand. Ad nauseam.

Throughout my life, I have heard many people make the statement that the definition of insanity is doing the same thing over and over again and expecting to get different results.

That is why I am asking for change through our Vision Zero Petition:  http://www.thepetitionsite.com/417/742/234/save-lives-not-dollars-urge-dot-to-adopt-vision-zero-policy/ and this, I believe, should be directed to the White House asking for an Executive Order or Presidential Memorandum requiring a major shift.

People, this affects you and me–our friends and families.

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Here is what we have been asked to tell our legislators:

“. . .  Congressman Ribble’s amendment (Amendment #29) would increase the federal weight limit for large trucks from 80,000-lbs. to 91,000-lbs. Based on a letter he sent to Department of Transportation (DOT) Secretary Foxx detailing his eagerness to see the results of the Comprehensive Truck Size and Weight Limits Study (Study), it is surprising that Rep. Ribble ignored the results. The DOT concluded that there should be no increase to truck size and weight due to a lack of data.

There was so little national data regarding six-axle 91,000-lbs. trucks that the DOT could only use one state, Washington, to study this configuration. In that state, these heavier trucks experienced a 47 percent increase in crash rate. Moreover, the Technical Report of the Study found that truck configurations operating over 80,000-lbs. had 18 percent more brake violations and a higher number of brake violations per inspection.

. . . other special weight exemptions for either states or specific industries including:

Amendment #3 | Nolan (MN), Crawford (AR) – Permits “covered logging vehicles”- that have a gross vehicle weight of no more than 99,000 pounds and has no less than six-axles to operate on I-35 in Minnesota.

Amendment #7 | Rooney (FL) – Provides that a state may allow, by special permit, the operation of vehicles with a gross vehicle weight of up to 95,000 pounds for the hauling of livestock.

Amendment #9 | Duffy (WI), Ribble (WI) – Increases weight limit restrictions for logging vehicles on a 13-mile stretch of I-39 to match Wisconsin state law.

Amendment #60 | Crawford (AR), Nolan (MN) – Permits specific vehicles to use a designated three-miles on U.S. 63 in Arkansas during daylight hours.

Amendment #76 | Farenthold (TX), Babin (TX), Green (TX) – Allows for only certain trucks with current weight exemptions to be allowed to continue riding at those higher weight exemptions once certain segments of Texas State Highways are converted into Interstate 69.

Amendment #154 | Mica (FL) – Requires that a state may not prohibit the operation of an automobile transporter with a gross weight of 84,000 pounds or less on any segment of the Interstate System or qualified Federal aid primary highways designated by the Secretary.

Congress has the chance to make our roads safer for motorists, pedestrians, bicyclists, as well as truck drivers. They should be using this multi-year highway bill to enhance safety in the trucking industry, not rolling it back. Bearing in mind that big rigs carrying loads close to the current Federal limit are already twice as likely to be involved in a fatal crash as trucks carrying less than 50,000 lbs., the solution should not be to introduce heavier trucks that will continue wearing our bridges and, per basic physics, do far more damage upon impact.

. . .  please do not pass a bill that will only help the interests of the few (companies) at the expense of the safety of the many (motorists, pedestrians, bicyclists, and truck drivers).

. . . PASS A BILL DRIVEN BY SAFETY, NOT ONE THAT MAKES IT TAKE A BACK SEAT TO PROFITABILITY.”

“The Rules Committee. . . is responsible for determining which amendments can be brought to the floor while a bill is being considered. It is important we tell these Members to oppose any amendments that increase trucks weights.”

TSC, November 3, 2015

I would say that the facts are clear that Safety Is most definitely Not A Priority:

Safety is not a priority 002

Complaint about proposed underride guard regulation: Not Cost Effective

As soon as I read the Advanced Notice of Proposed Rulemaking for Underride Protection on Single Unit Trucks, I could smell trouble.

To begin with, I have questions about NHTSA’s  figures, especially undercounting deaths from underride and the overlooking of possible saved lives from requiring improved underride standards on trailers.  https://www.google.com/webhp?sourceid=chrome-instant&ion=1&espv=2&ie=UTF-8#q=underreporting%20of%20underride%20deaths

Then, this is what I read in NHTSA’s explanation as they spelled out their cost/benefit analysis:

http://www.regulations.gov/#!documentDetail;D=NHTSA-2015-0070-0001

b. NHTSA’s Cost-Benefit Analysis (Overview)

As part of its evaluation of whether an underride guard requirement should apply to SUTs, NHTSA conducted a cost-benefit analysis of equipping SUTs with rear impacts guards. The analysis is set forth in Appendix A of this preamble, and an overview is provided below. We are requesting comments on the analysis. . . 

Guidance from the U.S. Department of Transportation (35) identifies $9.1 million as the value of a statistical life (VSL) to be used for Department of Transportation analyses assessing the benefits of preventing fatalities for the base year of 2012. Per this guidance, VSL in 2014 is $9.2 million. While not directly comparable, the preliminary estimates for rear impact guards on SUTs (minimum of $106.7 million per equivalent lives saved) is a strong indicator that these systems will not be cost effective (current VSL $9.2 million).”

Actually, the VSL, as of June 17, 2015, is now $9.4 million. No matter because it still would not be anywhere near the supposed cost of requiring rear impact guards on SUTS (with, of course, certain exempt ones which are already able to prevent underride with their current equipment).

The logical outcome is that the industry will lobby against this rulemaking. I am concerned that cost may too likely win out over preventing countless persons from surviving a truck crash.   https://annaleahmary.com/2015/10/rear-ending-a-truck-should-be-a-survivable-crash-why-isnt-it/

As an example of this, see the two most recent Public Comments on this ANPRM — posted November 2, 2015:

  • http://www.regulations.gov/#!documentDetail;D=NHTSA-2015-0070-0066 “An agency rule may be arbitrary and capricious if the agency, ‘entirely failed to consider an important aspect of the problem’. Motor Vehicle Mfrs. Ass’n of the U.S., Inc. v. State Farm Mut. Auto. Ins. Co., 463 U.S. 29, 43 (1983). Without considering the costs to the roads and bridges, any factual determination of the costs and benefits of requiring single unit trucks to include read guards may be unreasonable and could demonstrate that the agency failed to consider an important aspect of the problem.”
  • http://www.regulations.gov/#!documentDetail;D=NHTSA-2015-0070-0065“7. By your own estimates in the ANPRM the rear impact guards are not cost effective and there are still additional costs with the proposal you have not included in the ANPRM.
    Guidance from the U.S. Department of Transportation \35\ identifies
    $9.1 million as the value of a statistical life (VSL) to be used for
    Department of Transportation analyses assessing the benefits of
    preventing fatalities for the base year of 2012. Per this guidance, VSL
    in 2014 is $9.2 million. While not directly comparable, the preliminary
    estimates for rear impact guards on SUTs (minimum of $106.7 million per
    equivalent lives saved) is a strong indicator that these systems will
    not be cost effective (current VSL $9.2 million).As in the analysis for Class 3-8 SUTs shown in Table 2, the
    preliminary estimates for rear impact guards on Class 4-8 SUTs (minimum
    of $55.2 million per equivalent lives saved) is a strong indicator that
    these systems will not be cost effective (current VSL $9.2 million).”

VSL Guidance-2013-2 DOT value of life

DOT VSL Guidance, as of June 17, 2015:  https://www.transportation.gov/sites/dot.gov/files/docs/VSL2015_0.pdf

Rebekah photo of crash

GR Crocodile_Tears for Heavy Vehicle Safety 2004

p.s. This battle has a history:

1974 US Secretary of Transportation says deaths in cars that underride trucks would have to quadruple before underride protection would be considered cost beneficial.” 

https://www.google.com/webhp?sourceid=chrome-instant&ion=1&espv=2&ie=UTF-8#q=1974+US+Secretary+of+Transportation+says+deaths+in+cars+that+underride+trucks+would+have+to+quadruple+before+underride+protection+would+be+considered+cost+beneficial.

 

For all the saints, who from their labors rest. . .

Remembering AnnaLeah and Mary, and all those who have gone before us, on this All Saints Day.

I look back at what I have written and shared on the All Saints Days since we lost Mary and AnnaLeah. What a lot to think about.

All Saints Day…bittersweet…surrounded by so great a cloud of witnesses  https://www.facebook.com/464993830249803/photos/a.465869083495611.1073741828.464993830249803/536302436452275/?type=1

All Saints Day in North Carolina, 2013  https://www.facebook.com/permalink.php?story_fbid=537430979672754&id=464993830249803

All Saints Day in North Carolina…2012 & 2013:  https://www.facebook.com/permalink.php?story_fbid=725099240905926&id=464993830249803

All Saints Sunday; #notincontrol #childrenoftheheavenlyFather:  https://www.facebook.com/464993830249803/photos/a.465869083495611.1073741828.464993830249803/725691647513352/?type=1

New rock garden and Marcus nature 007 New rock garden and Marcus nature 006New rock garden and Marcus nature 001 New rock garden and Marcus nature 010

Remembering Past Octobers; Cherishing the Memories

Thinking of families who are missing children who are not with them today. I am thankful that I can search from prior years (my how time passes) to find posts which help me remember the fun times with AnnaLeah and Mary.

66 gertie 2250 90a gertie 2764 93 gertie 2775AnnaLeah in costume

Reformation Day…in times past  https://www.facebook.com/464993830249803/photos/a.465869083495611.1073741828.464993830249803/535703336512185/?type=1

Remembering October…photo slideshow of Mary & AnnaLeah  https://www.facebook.com/permalink.php?story_fbid=536019559813896&id=464993830249803

Mary enjoyed her last October (2012):  https://www.facebook.com/permalink.php?story_fbid=724304580985392&id=464993830249803

The Headless Creatures & costume fun over the years:  https://www.facebook.com/permalink.php?story_fbid=724314460984404&id=464993830249803

I wonder what…will never be:  https://www.facebook.com/464993830249803/photos/a.465869083495611.1073741828.464993830249803/725185964230587/?type=1

Reformation Day…photos Mary took in October 2012:  https://www.facebook.com/permalink.php?story_fbid=725190607563456&id=464993830249803

Photo Album: Mary Gets a Clown Face https://www.facebook.com/media/set/?set=a.567421063340412.1073741937.464993830249803&type=3

 

Mother of Underride Crash Victims Demanding Tougher Truck Safety Rules

When Isaac and I were in Washington, DC, to talk with our senators and congressmen, as well as administrative officials at NHTSA and FMCSA (DOT), we were interviewed by Geoff Bennett, Washington Reporter for Time Warner Cable.

His report is airing October 30 – November 1.  We appreciate the opportunity to share our story with a wider audience and invite them to support our underride research and join the thousands who have already signed our Vision Zero Petition.

Read the article here: http://www.ny1.com/nyc/all-boroughs/news/2015/10/30/us-dot-reconsiders-standards-for-rear-impact-safety-guards-on-tractor-trailers.html

Sign & share the petition: http://www.thepetitionsite.com/417/742/234/save-lives-not-dollars-urge-dot-to-adopt-vision-zero-policy/

Support Underride Research: https://www.fortrucksafety.com/

 

Insights on Potential Riders on Surface Transportation Reauthorization & Reform Act & Their Impact on Truck Safety

My family knows all too well, the great loss which can come from a truck crash. We are doing everything in our power to keep your family from experiencing such life-changing tragedy.

For those of you who have the ability to impact the upcoming HR 3763, Surface Transportation Reauthorization and Reform Actplease consider these insights from the Truck Safety Coalition on potential riders or amendments and their likely impact on safety for travelers on the roads of our country:

ACTION NEEDED TO ENHANCE SAFETY TITLE IN HOUSE TRANSPORTATION BILL
October 28, 2015
 
BACKGROUND:

The surface transportation reauthorization legislation currently being considered by Congress will set transportation policy for the next six years.  During that time, approximately 24,000 people will be killed in truck crashes and 600,000 more will be injured.  This legislation is an opportunity to reverse the upward trend of the truck crash death and injury toll.  If the safety title in the bill is not enhanced when the House and Senate meet in conference on the legislation, the American public will pay with their lives and their wallets.

On Thursday, October 22, The House Committee on Transportation and Infrastructure passed H.R. 3763, the Surface Transportation Reauthorization and Reform Act of 2015. While a large number of amendments were offered, the majority of those amendments were withdrawn due to a bipartisan agreement between the Committee leadership to pass a bill through the Committee. The bill will now move to the House floor for a vote by the full House of Representatives. We expect that many of the same amendments that were withdrawn could be offered when the full House takes up the legislation.

It is expected that H.R. 3763 will be on the House floor next Tuesday and Wednesday, November 3-4.
TAKE ACTION NOW:
Please take the time to contact your Representative either by phone or email, and urge him/her to oppose anti-truck safety provisions and amendments.
To Contact Your Representative Click Here:  http://www.house.gov/representatives/find/
IMG_4465
TALKING POINTS:
Opposed Provisions in H.R. 3763:
Allowing Teen Truckers (Sec. 5404)                        
  • There is no data that analyzes whether it is safe to allow teenagers to operate commercial motor vehicles in interstate traffic.  In fact, research has demonstrated that truck drivers younger than age 21 have higher crash rates than drivers who are 21 years of age and older.
  • The Federal Motor Carrier Safety Administration (FMCSA) previously declined to lower the minimum age for an unrestricted CDL to 18 as part of a pilot program because the agency could not conclude that the “safety performance of these younger drivers is sufficiently close to that of older drivers of CMVs[.]” The public overwhelmingly opposed the idea with 96 percent of individuals who responded opposing the proposal along with 88 percent of the truck drivers and 86 percent of the motor carriers who responded.
Changing Compliance, Safety, Accountability (CSA) Data (Secs. 5221, 5223, 5224)
  • Hiding critical safety information in the FMCSA’s CSA program will deprive consumers from learning about the comparative safety of motor carriers and bus companies when hiring a motor carrier company to transport goods or people.
  • Letting the public know the government safety scores promotes public accountability and improves safety. CSA is working as intended and includes a process so that it can continue to be fine-tuned and improved.
Delaying Rulemaking on Minimum Financial Responsibility (Sec. 5501)
  • Minimum insurance levels have not been increased once in over 35 years.
  • During this time medical care costs have increased significantly and the current minimum requirement of $750,000 is inadequate to cover the cost of one fatality or serious injury, let alone crashes in which there are multiple victims.
Limiting Shipper and Broker Liability (Sec. 5224)
  • Shields brokers and shippers from responsibility based on low standards related to hiring decisions. Reducing standards effectively removes safety from the carrier selection process.
Expected Amendments to Oppose to H.R.3763:
  • The Safe, Flexible and Efficient Trucking Act (H.R. 3488) increases the current federal 80,000 lbs. limit to 91,000 lbs. This bill, which is expected to be offered as an amendment by Rep. Reid Ribble (WI), contains a provision that would violate the federal bridge formula. Additionally, the U.S. DOT determined that introducing a 91,000 lb. weight limit would result in $1.1 billion immediate one-time bridge strengthening or replacement costs for non-interstate bridges on the National Highway System (NHS) as well as create bridge posting issues for nearly 5,000 bridges on the Interstate and NHS.
  • Mandate increasing the size of double tractor trailers from 28 feet per trailer to 33 feet per trailer, resulting in trucks that are at least 84 feet long. Double 33s will be more dangerous to motorists and truck drivers, and more destructive to our nation’s already compromised roadways and bridges. This length increase will overturn the laws in a majority of states that currently prohibit Double 33s.
  • The recent U.S. Department of Transportation Comprehensive Truck Size and Weight Limits Study (DOT Study) concluded there is a “profound” lack of data from which to quantify the safety impact of larger or heavier trucks and consequently recommends that no changes in the relevant truck size and weight laws and regulations be considered until data limitations are overcome.
    • By overwhelming margins in numerous public opinion polls over the last 20 years, the American public consistently and convincingly rejects sharing the road with bigger, heavier and longer trucks. The most recent poll in January 2015 by Harper Polling revealed that 76 percent of respondents oppose longer and heavier trucks on the highways and 79 percent are very or somewhat convinced that heavier and longer trucks will lead to more braking problems and longer stopping distances, causing an increase in the number of crashes involving trucks.
  • Special interest truck size and weight exemptions are essentially “earmarks” for states and “unfunded mandates” imposed on all American taxpayers who bear the cost of federally-financed infrastructure damage and repairs. We expect that there could be several amendments seeking size and weight exemptions.
The compounding effect of these anti-safety provisions will allow trucks, the size of an eight-story building, higher risk interstate truck drivers, and insufficient insurance for large trucks. A national surface transportation authorization bill should not be a legislative vehicle to pass special interest provisions that would never be supported by the public. Yet, this bill is rife with truck safety rollbacks that throw the safety agenda into reverse and further endanger everyone on the roads.
Put the Brakes on these Anti-Safety Provisions.  Save Lives, Taxpayer Costs and our Crumbling Infrastructure.

 

“Towards Zero – There’s no one someone won’t miss.”

Virginia Tech Senior Design Project is Addressing the Need for Stronger Underride Guards; Mid-Semester Progress Report

I received a wonderful email this morning with the Mid-Semester Progress Report from the 6-student team of engineering students at Virginia Tech who took on the creation of a better rear underride guard design as their senior capstone project.

In their words, “our team must strive to achieve the perfect design with respect to each specification, ensuring the absolute best final product.” (Sweet words to this mother’s heart!)

We look forward to seeing them in person at the IIHS Vehicle Research Center on May 5, 2016, as they share the results of their dedicated and innovative efforts at the Underride Roundtable.

Here is their 30-page progress report:  Virginia Tech Semi-Trailer Bumper Design Mid Semester Progress Report .

 

1 gertie 2782

I will be praying for the team everyday, including Wayne Carter (Team Facilitator), Daniel Carrasco, Kristine Adriano, Sean Gardner, Andrew Pitt, and Brian Smith–along with Jared Bryson (their Sponsor) and Robin Ott (their Project Advisor).

Save the Date Underride Roundtable

AnnaLeah & Mary for Truck Safety is raising money to support Underride Research efforts:  https://www.fortrucksafety.com/

I remember our trip back from visiting a research & design center in June 2014 and thinking that surely a group of engineers could get together and design better underride protection. It is amazing to watch this unfold.

Join thousands of other people in calling for a move towards zero crash deaths. Sign our Vision Zero Petitionhttp://www.thepetitionsite.com/417/742/234/save-lives-not-dollars-urge-dot-to-adopt-vision-zero-policy/

Blindsided By Unexpected Loss; The many facets of grief

I recently returned from a trip to DC where Jerry, Isaac, and I joined with other families who had experienced unexpected loss by way of devastating truck crashes. At the Truck Safety Coalition’s Sorrow to Strength Conference we shared our stories with one another, attended workshops to learn more about truck safety issues and how to advocate for change, as well as participated in meetings on The Hill.

One of the workshops was on the topic of grief and I had made the comment that what we all experienced in our horrific, tragic losses made the grief more complicated because of the anger and frustration we all too often feel when too little is done too late to save (other) lives. It is sometimes hard to move on fully with, as they say, “a new normal” when you witness the seemingly calloused and indifferent attitude toward what should be preventable deaths.

Supposedly its a risk you take when you choose to get on the road, you know. Or, changes would not be “cost effective.”

In any case, I wanted to share an article which I read last year. It helped me process my feelings of grief at the unexpected loss I have felt after discovering in 2010 that many of our family members face challenges we had never anticipated with a progressive hereditary peripheral neuropathy (Charcot Marie Tooth or CMT). What they tell us is that it is not life-threatening, but it is a life-changer.

I had searched online and found this interesting article about the grieving of parents with disabled children, which could be helpful for any grieving person–no matter what their loss, The Impact of Childhood Disability: The Parent’s Struggle, by Ken Moses, Ph.D.:
http://www.pent.ca.gov/beh/dis/parentstruggle_DK.pdf

I just now re-read it and noticed this statement by the author:  After working with parents of the impaired for many years, I have come to believe that I was given bad advice. I have come to believe that pain is the solution, not the problem.

That reminded me of something my 5 year-old granddaughter said earlier this year:

One day, Vanessa asked me (out of the blue), “Does pain fix sadness?

Me: “Well. . .?”

Vanessa: Runs off to play. . .

I don’t know. Will the pain which I am going through eventually “fix” my sadness? Is the pain a process–or at least a signal or indication that a process of healing is taking place? If I were not feeling the pain, would it be harder to complete that process? Will the pain ever lessen?

I have also known real peace in this season. It also comes and goes–seeming elusive. Comes mostly when I am focused on the promises of God–in word or song–like the song I sang at their funeral, In Christ Alone. I really believed it then and I believe it now. It just seems in stiff competition with the real pain.

Read more in that post, Real Pain, Real Peacehttps://annaleahmary.com/2015/03/real-pain-real-peace/

I was glad to see that Jerry and Isaac had an opportunity to tell our story themselves for the preparation of videos which I just discovered are now posted on the Truck Safety Coalition’s website:

 

Other families share their truck crash stories here: http://trucksafety.org/get-involved/personal-stories/ .

Just yesterday, I read a facebook post and comments by some of the TSC family members. They were commenting on how hard it was to get back into things after the conference in DC and how they struggled anew with the grief and sadness. It reminded me of how thankful I was for the comment made several times at the conference that we will not tell each other, “Get over it.” It is such a complicated grief; we will never fully get over it.

But, with hope, we will carry on because we know that someday we will see their face again:

https://annaleahmary.com/2015/05/how-a-truck-crash-changed-the-month-of-may-or-what-happens-when-nobody-takes-responsibility/

Underride Roundtable: Save the Date, May 5, 2016

After a great deal of thinking and talking and preliminary planning, we now have a host facility–the Insurance Institute for Highway Safety’s Vehicle Research Center–and a date, Thursday, May 5, 2016, for our Underride Roundtable.

IIHS Vehicle Research Center http://www.iihs.org/iihs/about-us/vrc

We will be reaching out to engineers, manufacturers, trucking industry representatives, regulatory officials, safety advocates, and others–inviting them to join us in a collaborative effort to bring about the best possible underride protection.

Excited. Encouraged.

Save the date. May 5, 2016

Save the Date Underride Roundtable

Underride Research: https://www.fortrucksafety.com/