Tag Archives: ACUP

Advisory Committee on Underride Protection Reports to Congress & DOT Secretary

Safety Advocacy, Truck Safety, , , , , , , ,

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

Safety Advocacy, Truck Safety, , , ,

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

Safety Advocacy, Truck Safety, , , , ,

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.

Register for April 24 Meeting of Advisory Committee on Underride Protection

Safety Advocacy, Truck Safety, , , ,

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.

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

Safety Advocacy, Truck Safety, , , ,

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

Upcoming Underride Advisory Committee Meeting Schedule

Truck Safety, , , , , , ,

The National Highway Traffic Safety Administration (NHTSA) has announced the next four meetings of the Advisory Committee on Underride Protection (ACUP):

  • February 8, 12:30 – 4:30 p.m. ET; Topic: Rear Underride
  • March 13, 12:30 – 4:30 p.m. ET; Topic: Side Underride
  • April 24, 12:30 – 4:30 p.m. ET; Topic: Front Override
  • May 22, 12:30 – 4:30 p.m. ET; Topic: Underride Data

Register here to observe via Zoom.

February 8 will be the third 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.

10 years after trucking crash killed 2 girls, mother sees hope for change

AnnaLeah and Mary, Safety Advocacy, Truck Safety, , ,

Over the years, safety reform has lagged, but companies such as J.B. Hunt and Stoughton Trailers pushed ahead of regulations, victim-turned-advocate says. . .

Read more here: Transport Dive, David Taube, May 5, 2023 10 years after trucking crash killed 2 girls, mother sees hope for change

What readers are saying:

“What a fantastic article!”

“It was a nice tribute to AnnaLeah & Mary and the cause. Hopefully, it will bring more awareness to the issue and help get stricter regulations on trailer safety.” chainsaw woodcarver, who carved the girls’ memorial bench

On another note: NHTSA recently announced the membership of an Advisory Committee on Underride Protection and the beginning steps toward development of a side guard regulation. We welcome this progress but know that there are still many hurdles to overcome before significant action will be taken to reduce these preventable tragedies.

We’re hoping that you will take some time, before June 20, to submit a Public Comment to NHTSA about a proposed side guard regulation. You can see, from the Public Comments already submitted to NHTSA, that the trucking community continues to express opposition. A comment from you, in favor of advancing side underride protection, would be much appreciated. You can do so here: Side Underride Guards – ANPRM.

Your comment should be based on your awareness and knowledge of this truck crash hazard. From your perspective, share why you think that side guards would be important to reduce the severity of these crashes. To the extent possible, your comments could reflect your knowledge of answers to nine questions to which NHTSA is specifically seeking answers.

May 4, 2013 seems like just yesterday; has anything changed?

AnnaLeah and Mary, Safety Advocacy, Truck Safety, , , , , , , ,

There’s no easy way to get through that time of year when we remember how AnnaLeah & Mary were suddenly snatched from this earthly life. How can it have been ten years ago? May 4, 2013 seems like just yesterday.

Read this post all the way through to find out what advances have come about, or skip to the end to find out how you can help. Despite our loud voices continuously raising awareness and pushing for change, progress has been painfully slow. But these are some actions which the USDOT has taken:

  • Rear underride guards are now on the annual commercial motor vehicle inspection checklist (rule issued by FMCSA in December 2021). This is important because poorly-maintained rear guards increase the chance of crash severity.
  • After beginning work on an improved rear guard rule in December 2015, in response to our 2013/2014 petitions, the National Highway Traffic Safety Administration (NHTSA) finally issued an improved rule in July 2022. Incredibly, it fell short of requiring that the guards had the full strength already proven possible by the IIHS testing of nine major trailer manufacturers! We have petitioned NHTSA to reconsider this ill-advised decision.
  • NHTSA began taking applications for membership on an Advisory Committee on Underride Protection (ACUP) in July 2022. They finally announced the selected committee members in April 2023. The first ACUP meeting will take place virtually on May 25. I’m thankful that I will, at last, be able to sit “around the table” with a diverse group of stakeholders to hammer out reasonable solutions to this century-old problem.
  • Simultaneously with the ACUP announcement, and in advance of receiving any recommendations from the Advisory Committee, NHTSA published an Advanced Notice of Proposed Rulemaking (ANPRM) for a potential side guard regulation. Their cost benefit analysis is based on questionable data and concludes that a side guard regulation would not be cost effective. We are working hard to provide more accurate information in order to correct the CBA in favor of saving lives.

“How can I help?” I thought you’d never ask!

  • Pray for the ACUP members and for this process to produce meaningful outcomes.
  • Only 17 states have an UNDERRIDE FIELD on their state crash report form. This contributes to underreporting of these deaths. By 5:00 p.m. EST on MAY 3, submit a simple, brief Public Comment here. Tell NHTSA you want them to require (not merely suggest) that states have an Underride Field (and which indicates whether it was front, side, or rear) on their crash report form.
  • By June 20, submit a Public Comment on the side guard ANPRM here. Tell them why you think that there should be a side guard regulation (simple reason: To Save Lives).
  • Tens of thousands of underride victims have been a nameless group whose senseless deaths have been swept under the rug for decades despite the ingenuity of engineers to prevent horrific underride. No more. We would like to remember these Precious Ones Gone Too Soon in a special way. We hope to receive permission from the USDOT to install a Commemorative Bell of Hope at their office building in Washington, D.C. We will be organizing a day In Memory of Underride Victims — to ring the bell and call out the names of individuals who lost their lives to underride. We do not know every name, but we will include as many as possible. If you would like to contribute to the purchase of this bell or participate in this event, please let me know by writing to me at marianne@annaleahmary.com.
Side Guard Crash Test in Raleigh, September 2022
To remember how AnnaLeah & Mary lived — full of love & laughter — not merely how they died.

Update on Underride Protection Progress

Safety Advocacy, Truck Safety, , , , , , ,

In July 2022, eight years after our original petition was delivered to the Department of Transportation, the National Highway Traffic Safety Administration (NHTSA), whose mission it is to save lives, prevent injuries, and reduce economic costs due to road traffic crashes, through education, research, safety standards, and enforcement, took the following actions related to underride protection:

In this crash test video, the top test shows what IIHS has proven possible, the bottom test shows what the 2022 rule will require:

By refusing to revise the December 2015 NPRM to the TOUGHGuard proven level of strength, NHTSA has demonstrated an unwillingness to require that all manufacturers install these stronger guards as Standard on new trailers. To state the obvious, the result is that manufacturers may continue to offer these guards as an Option, thereby allowing the ongoing production of trailers — into the future — with guards having a known unreasonable risk of Death By Underride. How do they sleep at night knowing that their meaningless rhetoric and regulatory malpractice means many more innocent people will needlessly die?

This is nothing less than a reckless disregard for human life.

Why are we working so hard to get weak rear underride guards replaced?