Tag Archives: Advisory Committee On Underride Protection

Industry Response to ACUP Report; Enough of the Bellyaching Already!

There’s no shortage of industry complaints about the definition of consensus adopted by the NHTSA Advisory Committee on Underride Protection (ACUP) — a simple majority. There’s no mention, however, of the fact that NHTSA itself directed the committee to define it for themselves. Instead, ACUP minority members bellyache about how the safety advocates supposedly took over the reins of the committee and pushed their own agenda.

It should be no surprise that industry stakeholders supported ACUP research recommendations but opposed outright recommendations to proceed with underride protection rulemaking — a stance which they have clung to for 55+ years. So, when the majority passed motions to recommend underride guard mandates, the minority repeatedly attempted to overturn the consensus decision. In so doing, they invented a fake procedural issue, seemingly to divert attention from the real issue: dangerous trucks are killing hundreds of people every year and the industry is not voluntarily doing anything substantial to prevent the senseless spilling of blood.

The trucking voice also wants you to overlook the fact that there has already been decades of research done by engineers and researchers — sometimes suppressed and often ignored by industry and government. Some members of the trucking industry are also hoping that you won’t realize that they have already spent the last 55 years doing little to solve the underride problem themselves, while at the same time, doing everything that they can to discourage Congress and the federal safety agency from proactively issuing strong underride regulations.

These vocal opponents of commonsense safety measures would like you to think that underride guards aren’t really effective at preventing horrific injuries and unimaginable ways to die, that operational issues are insurmountable hurdles, and that there are not enough people dying from underride compared to the supposedly industry-ruining, economy shutting-down costs to justify moving forward with life-preserving action. In actuality, if they could get over their short-sighted, wrong-headed thinking, they might begin to understand that the industry could realize a Win/Win outcome if only they’d stop being so bull-headed.

Some industry members are calling the ACUP efforts divided and their Report a mess and doomed. I, of course, see it differently and detail my perspective at length in my Concurrence With Exceptions Comments for the ACUP Report.

The minority contingent apparently hopes that NHTSA will not act upon the majority recommendations. That, of course, would be no surprise. But what would be a welcome surprise is for ACUP members and trailer manufacturers to attend an upcoming Underride Crash Test Event in Raleigh, North Carolina, on September 13, 2024.

And beyond that, I’d be suitably gratified to welcome industry stakeholders to a roundtable discussion after observing the demonstration of underride protection at work to protect occupants of passenger vehicles, as well as pedestrians, bicyclists, and motorcyclists. In order to increase involvement, we are considering the possibility of organizing this collaborative opportunity as a Zoom meeting.

Save the Date and plan to participate! Double dog dare you!

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NHTSA Defends Itself to Congress – Woulda, Coulda, Shoulda

Last week, I was surprised to learn that the National Highway Traffic Safety Administration {NHTSA) had published a self-analysis of their progress — dated June 2024. NHTSA responded with an 8-page explanation to Congress after a federal advisory committee condemned the safety agency for 55 years of inaction on underride crash protection in a scathing 410-page report published last month.

The committee, called the Advisory Committee on Underride Protection (ACUP), was created by Congress in 2021, and established by a NHTSA charter in 2022, to assess NHTSA’s progress at advancing public safety and make recommendations to the Secretary of Transportation. The ACUP’s report 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. The report concluded, “[V]ery little has changed regarding side underride guard advancements in the last 50 years and no substantial progress has been made by DOT to prevent these horrific crash fatalities and injuries.”

All I can say is that NHTSA’s apologia to Congress is woefully inadequate. In a nutshell, “Woulda, coulda, shoulda.”* It further documents that the agency continues its disturbingly long history of inaction. Safety delayed is most certainly safety denied.

The ACUP report can be found here. NHTSA’s report can be found here.

* Put another way, “Spare me the useless & endless excuses!”

Press Release

Advisory Committee on Underride Protection Reports to Congress & DOT Secretary

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

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

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

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

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

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.

Update on Underride Protection Progress

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?

Cohen, Gillibrand Call on DOT to Act Expeditiously & Implement Provisions from Their Stop Underrides Act Included in the Bipartisan Infrastructure Package

The American people, whether they know it or not, have already waited too long for DOT to take decisive action to stop underride tragedies. That’s why it’s encouraging to see Congress putting DOT on notice to move forward with the Underride Mandate. Yesterday, they sent a letter to Secretary Buttigieg:

Congressman Steve Cohen (TN-09) and Senator Kirsten Gillibrand led 25 of their colleagues in a letter urging Department of Transportation (DOT) Secretary Pete Buttigieg to swiftly execute the provisions from their Stop Underrides Act, which passed in the Infrastructure Investment and Jobs Act. press release

The letter encourages DOT to act swiftly to release the Final Rear Underride Guard rule with IIHS TOUGHGuard strength and issue an Advanced Notice of Proposed Rulemaking (ANPRM) in order to allow the Public to comment on side guards, as well as urging them to, “expeditiously establish the Advisory Committee on Underride Protection and to complete the life-saving side guard research which we hope will lead to a proposed rule on side guards. Together these provisions will help save lives and aim to prevent passenger compartment intrusion from crashes with trucks.”

Senator Gillibrand summarized it well, “Every day we don’t act, we are losing an opportunity to save the lives of innocent Americans.”

Read the Press Release here.

Read the DOT Underrides Implementation Letter here.