Tag Archives: NHTSA rulemaking

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.

What Do Baseball & Truck Underride Have In Common?

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

Now, I’m only a Cubs fan by marriage. Early on in that marriage, I learned what a die-hard fan is and joined the club. But I’m not as familiar with historical details as my husband. Like, what’s with the 1969 Cubs?

However, I have become acquainted with truck underride history and know that, in 1969, our U.S. Department of Transportation was working on rear underride guard rulemaking — though it never became law until 1996 — and said that they intended to add side underride protection on trucks. Never happened.

After losing AnnaLeah and Mary in 2013 due to rear underride, I was, of course, very interested in the updated rear underride guard rule in July 2022. In fact, I was quite disturbed to learn that NHTSA blew an opportunity to require a level of underride protection proven possible by the Insurance Institute for Highway Safety and nine trailer manufacturers, who were given the TOUGHGUARD award — further evidenced as technically feasible by the survivor of a 2017 rear end truck crash.

Imagine my further consternation when I learned that at least part of the basis for that July 2022 Rear Impact Guard Rule was a NHTSA “engineering judgement concern” for “potential rotation outboard.” What that means is that if the rear guard were stronger at the outer edges of the tractor trailer, that is strong enough to prevent underride, then the car upon collision might rotate or spin out into traffic and collide with another vehicle causing a secondary collision — what the industry dubs “unintended consequences.”

Rear Retrofit Crash Test

Ha! The reality is that a secondary crash such as that would be so much more likely to allow the crashworthiness features (crumple zone, airbags, seat belt tensioners) of the involved vehicles to protect the occupants as intended. Was that really their rationale? Allow people to die under a trailer so that some other fender bender, i.e., non life threatening crash, wouldn’t occur?

I asked an engineer at a university to weigh in on this concern during a February 24, 2023, Friday brown bag lunch TEAM Underride Zoom discussion. Here are the rather garbled notes I jotted down: . . . fear that it would go out into the traffic; misplaced fear; projecting less inertia as it is deflected out from hitting truck — missing the fact that there is no catching equipment on a trailer — energy absorption — the trailer does not catch the car. If it collides at the rear corner, With or without guard it will rotate. The reason rotation takes place. . . because it is the 30% offset. Unintended Consequences.

I asked him to write up his thoughts for me to share and Jared Bryson, Smart Road Operations and Mechanical Systems Innovation Director at Virginia Tech, graciously and creatively obliged.

Baseball & Underride

I’d say that well-thought out explanation should be taken into consideration during a careful review of the July 15, 2022 rear underride guard rule and the questionable (my words) NHTSA decision to decline from requiring life-preserving underride protection at the outer edges of the guard. It’s guaranteed to mean the difference between life & death for more than one person in the days ahead.

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

FARS Coding of a Sample of Rear Underride Crashes

NHTSA Failing To Educate Stakeholders On Underride

Safety Advocacy, Truck Safety, , , , , ,

The National Highway Traffic Safety Administration states that their mission is to save lives, prevent injuries, and reduce economic costs due to road traffic crashes, through education, research, safety standards, and enforcement. They seem to do a decent job of informing the public with a webpage on driver assistance technologies. However, the NHTSA Truck Underride Page only contains a very short list of studies. This is the extent of entries on that page:

For a century-old problem, there is actually a wealth of research, reports, and recommendations available. As a national traffic safety leader, NHTSA could be a source of all things underride. In fact, by posting a broader set of underride specific information, NHTSA could make use of their website to better inform and inspire all stakeholders at the same time without fear of unfairly communicating with one stakeholder. This would fulfill the first purpose of the Administrative Procedures Act which “requires agencies to keep the public informed and up-to-date on agency activities.”

On September 2, “TEAM Underride” met via Zoom to discuss how we could aid NHTSA in that mission by making recommendations for additions to the NHTSA Truck Underride Page. In an attempt to be helpful, TEAM Underride participants briefly brainstormed ideas for what we thought would be useful to add to the NHTSA Truck Underride webpage, including:

That would be a good start. And we’re more than willing to help in whatever way we can to get this resource development underway.

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?

“The longer Congress waits, the more people will die.” Next segment in @WUSA9 underride series.

Truck Safety, ,

Next episode in the WUSA 9 truck underride series by Eric Flack aired last night.

“The longer Congress waits, the more people will die. That’s the position of a leading auto safety group calling for new regulations on tractor trailers.”

History of Truck Underride Recommendations in the U.S.

Truck Safety, , , , , ,

A senator’s Office recently asked me to provide them with a one-page history of reports and recommendations made on the truck underride problem in the U.S. Here it is (with clickable links):

Truck Underride Reports & Recommendations in the U.S.

DOT Regulatory Priorities for 2017

Truck Safety, ,

This is what I found out today about DOT’s regulatory priorities for 2017. . .

National Highway Traffic Safety Administration (NHTSA) priorities for 2017:

The statutory responsibilities of the National Highway Traffic Safety Administration (NHTSA) relating to motor vehicles include reducing the number, and mitigating the effects, of motor vehicle crashes and related fatalities and injuries; providing safety performance information to aid prospective purchasers of vehicles, child restraints, and tires; and improving automotive fuel efficiency. NHTSA pursues policies that encourage the development of nonregulatory approaches when feasible in meeting its statutory mandates. It issues new standards and regulations or amendments to existing standards and regulations when appropriate. It ensures that regulatory alternatives reflect a careful assessment of the problem and a comprehensive analysis of the benefits, costs, and other impacts associated with the proposed regulatory action. Finally, it considers alternatives consistent with the Administration’s regulatory principles.

NHTSA plans to issue a final rule on vehicle-to-vehicle (V2V) communications in Fiscal Year 2017. V2V communications are currently perceived to become a foundational aspect of vehicle automation. NHTSA will publish a final rule on heavy vehicle speed limiters in response to petitions for rulemaking and recommendations from the National Transportation Safety Board. In Fiscal Year 2017 NHTSA will also finalize rulemaking for Tire Fuel Efficiency in response to requirements of the Energy Independence & Security Act of 2007. In response to requirements in MAP-21, NHTSA plans to continue work toward a final rule that would require automobile manufacturers to install a seat belt reminder system for the front passenger and rear designated seating positions in passenger vehicles. The seat belt reminder system is intended to increase belt usage and thereby improve the crash protection of vehicle occupants who would otherwise have been unbelted.

In addition to numerous programs that focus on the safe performance of motor vehicles, the Agency is engaged in a variety of programs to improve driver and occupant behavior. These programs emphasize the human aspects of motor vehicle safety and recognize the important role of the States in this common pursuit. NHTSA has identified two high-priority areas: Safety belt use and impaired driving. To address these issue areas, the Agency is focusing especially on three strategies-conducting highly visible, well-publicized enforcement; supporting prosecutors who handle impaired driving cases and expanding the use of DWI/Drug Courts, which hold offenders accountable for receiving and completing treatment for alcohol abuse and dependency; and adopting alcohol screening and brief intervention by medical and health care professionals. Other behavioral efforts encourage child safety-seat use; combat excessive speed, driver distraction, and aggressive driving; improve motorcycle, bicycle, and pedestrian safety; and provide consumer information to the public.

Despite being included on the list of long-term actions, underride protection for rear guards on trailers and underride protection on single unit trucks are not included as priorities for 2017.

And, of course, there is absolutely no mention of underride protection on the sides of large trucks.

Federal Motor Carrier Safety Administration (FMCSA) priorities for 2017:

The mission of the Federal Motor Carrier Safety Administration (FMCSA) is to reduce crashes, injuries, and fatalities involving commercial trucks and buses. A strong regulatory program is a cornerstone of FMCSA’s compliance and enforcement efforts to advance this safety mission. FMCSA develops new and more effective safety regulations based on three core priorities: Raising the safety bar for entry, maintaining high standards, and removing high-risk behavior. In addition to Agency-directed regulations, FMCSA develops regulations mandated by Congress, through legislation such as MAP-21. FMCSA regulations establish standards for motor carriers, commercial drivers, commercial motor vehicles, and State agencies receiving certain motor carrier safety grants and issuing commercial drivers’ licenses.

FMCSA’s regulatory plan for FY 2017 includes completion of a number of rulemakings that are high priorities for the Agency because they would have a positive impact on safety. Among the rulemakings included in the plan are: (1) Carrier Safety Fitness Determination (RIN 2126-AB11), (2) Entry Level Driver Training (RIN 2126-AB66), and (3) Commercial Driver’s License Drug and Alcohol Clearinghouse (RIN 2126-AB18).

Together, these priority rules could improve substantially commercial motor vehicle (CMV) safety on our Nation’s highways by increasing FMCSA’s ability to provide safety oversight of motor carriers and commercial drivers.

In FY 2017, FMCSA plans to issue a final rule on Carrier Safety Fitness Determination (RIN 2126-AB11) to establish a new safety fitness determination standard that will enable the Agency to prohibit “unfit” carriers from operating on the Nation’s highways and contribute to the Agency’s overall goal of decreasing CMV-related fatalities and injuries.

In FY 2017, FMCSA plans to issue a final rule on Entry Level Driver Training (RIN 2126-AB66). This rule would establish training requirements for individuals before they can obtain their CDL or certain endorsements. It will define curricula for training providers and establish requirements and procedures for the schools.

Also in FY 2017, FMCSA plans to issue a final rule on the Commercial Driver’s License Drug and Alcohol Clearinghouse (RIN 2126-AB18). The rule would establish a clearinghouse requiring employers and service agents to report information about current and prospective employees’ drug and alcohol test results. It would require employers and certain service agents to search the Clearinghouse for current and prospective employees’ positive drug and alcohol test results as a condition of permitting those employees to perform safety-sensitive functions. This would provide FMCSA and employers the necessary tools to identify drivers who are prohibited from operating a CMV based on DOT drug and alcohol program violations and ensure that such drivers receive the required evaluation and treatment before resuming safety-sensitive functions.

Despite being included on the list of long-term actions, acting on our petition to raise the minimum liability insurance for trucking companies from $750,000 (per incident) is not listed as a priority for 2017.

Is it any wonder that we have taken upon ourselves the task of  doing something about it and  drafted comprehensive underride protection  legislation and are looking to Congress to mandate that DOT carry out effective underride protection rulemaking in a timely fashion?!

We are also trying to push for action on the minimum liability insurance issue — not raised since the early 1980s.

Note: In identifying our regulatory priorities for the next year, the Department considered its mission and goals and focused on a number of factors, including the following:

  • The relative risk being addressed
  • Requirements imposed by law
  • Actions on the National Transportation Safety Board “Most Wanted List”
  • The costs and benefits of the regulations
  • The advantages of nonregulatory alternatives
  • Opportunities for deregulatory action
  • The enforceability of any rule, including the effect on agency resourcesThis regulatory plan identifies the Department’s regulatory priorities-the 19 pending rulemakings chosen, from among the dozens of significant rulemakings listed in the Department’s broader regulatory agenda, that the Department believes will merit special attention in the upcoming year. The rules included in the regulatory plan embody the Department’s focus on our strategic goals.

 

Australian Engineer Comments on U.S. Underride Protection

Truck Safety, , , , ,

See a paper by Raphael Grzebieta and George Rechnitzer here: Proposed Australian/New Zealand AS/NZS 3845.2 Standard for Truck Underrun Barriers: Design, Testing and Performance Requirements

2 Moms, Sick & Tired of Waiting, Draft Truck Underride Legislation

March Historically a Momentous Month for Truck Underride Safety Advocacy; Beware the Ides of March!

Breaking News: Road to Zero Coalition announced by DOT & National Safety Council

Safety Advocacy, Truck Safety, , ,

I am encouraged by the announcement today of a Road to Zero Coalition by DOT and the National Safety Council. See the details in the Press Release below.

I hope that they will seriously consider my Vision Zero requests for Vision Zero rulemaking, as well as citizen involvement and the appointment of a National Traffic Safety Ombudsman.

  1. Set a National Vision Zero Goal and make citizens aware of it.
  2. Establish a White House Vision Zero Task Force.
  3. Sign a Vision Zero Executive Order to authorize Vision Zero Rulemaking by DOT (and other agencies).
  4. Establish an Office of National Traffic Safety Ombudsman as an independent advocate/spokesperson for vulnerable victims of vehicle violence — not swayed by political pressures.
  5. Endorse the mobilization of citizens through a nationwide network of Vision Zero Community Action Groups — coordinated by the National Traffic Safety Ombudsman.

And, another thing. . .  it sure would be nice to sit down in person with these people and speak face to face. How many victims of vehicle violence have they involved in this coalition?

Feds set goal: No traffic deaths within 30 years

Livestreaming day-long conference:  http://www.nhtsa.gov/nhtsa/symposiums/october2016/index.html

Roads Safer

Wednesday, October 5, 2016

NHTSA contact:  Bryan Thomas (202) 366-9550
FHWA contact:   Jane Mellow (202) 366- 0660

FMCSA contact:  Ed Gilman (202) 366 – 9999

NSC contact:  Maureen Vogel (630) 775-2226

U.S. DOT, NATIONAL SAFETY COUNCIL LAUNCH ROAD TO ZERO COALITION TO END ROADWAY FATALITIES

New partnership aims to end traffic fatalities within the next 30 years

 WASHINGTON – U.S. Department of Transportation’s National Highway Traffic Safety Administration, Federal Highway Administration, and Federal Motor Carrier Safety Administration are joining forces with the National Safety Council (NSC) to launch the Road to Zero coalition with the goal of ending fatalities on the nation’s roads within the next 30 years. The Department of Transportation has committed $1 million a year for the next three years to provide grants to organizations working on lifesaving programs.

“Our vision is simple – zero fatalities on our roads,” said U.S. Transportation Secretary Anthony Foxx. “We know that setting the bar for safety to the highest possible standard requires commitment from everyone to think differently about safety– from drivers to industry, safety organizations and government at all levels.”

The year 2015 marked the largest increase in traffic deaths since 1966 and preliminary estimates for the first half of 2016 show an alarming uptick in fatalities – an increase of about 10.4 percent as compared to the number of fatalities in the first half of 2015. 

“Every single death on our roadways is a tragedy,” said NHTSA Administrator Mark Rosekind. “We can prevent them. Our drive toward zero deaths is more than just a worthy goal.  It is the only acceptable goal.”

The Road to Zero Coalition will initially focus on promoting proven lifesaving strategies, such as improving seat belt use, installing rumble strips, truck safety, behavior change campaigns and data-driven enforcement. Additionally, the coalition will then lead the development of a new scenario-based vision on how to achieve zero traffic deaths based on evidence-based strategies and a systematic approach to eliminating risks. 

“The “4Es” – Education, Engineering, Enforcement and Emergency Medical Services provide a reliable roadmap for driving down fatalities. Coupled with new technologies and innovative approaches to mobility, we may now hold the keys that get us to zero,” said Deborah A.P. Hersman, president and CEO of the National Safety Council. “The Road to Zero Coalition affirms that it will take ALL of us working together in new ways to eliminate preventable deaths.”

“Reaching zero deaths will be difficult, will take time and will require significant effort from all of us but it is the only acceptable vision,” said FHWA Deputy Administrator David Kim. “We’re not at zero yet, but by working together, the day will come when there are no fatalities on the nation’s roadways, sidewalks or bicycle paths.”

With the rapid introduction of automated vehicles and advanced technologies, the Department believes it is now increasingly likely that the vision of zero road deaths and serious injuries can be achieved in the next 30 years. The Road to Zero Coalition will work to accelerate the achievement of that vision through concurrent efforts that focus on overall system design, addressing infrastructure design, vehicle technology, enforcement and behavior safety.  An important principle of the effort will be to find ways to ensure that inevitable human mistakes do not result in fatalities.

“Working closely with our partners, both inside and outside the Department, we are committing significant resources to the serious effort being put forth to make the ambitious goal of zero deaths an eventual reality,” said FMCSA Administrator T.F. Scott Darling III. “While we work tirelessly every day to promote safer roadways, we understand that this coalition will only succeed if we all do our part and pledge to make safety our highest priority.”

The “zero deaths” idea was first adopted in Sweden in 1997 as “Vision Zero” and since then has evolved across the country and across the world. A growing number of state and cities have adopted “Zero” fatality visions.