Tag Archives: NHTSA

Thoughts on making a Public Comment on rulemaking for Single Unit Truck underride protection (Ends September 21)

DOT is studying whether or not they should require “single unit (or straight)” trucks to be safer, i.e., be built so that–when a vehicle rear-ends them–the smaller vehicle does not slide underneath the larger truck. And they are asking people to let them know what they think about this.

What might you say about the proposed rulemaking for underride protection on these trucks? (Examples of SUTs are dump trucks, garbage haulers, concrete mixers, tank trucks, trash trucks, and local delivery trucks.)

What I would suggest is that you point out the fact that people die every year when their vehicle hits the back of single unit trucks so that the truck actually enters the passenger vehicle in the area where people are sitting. And, if manufacturing companies were required to provide adequate underride protection on these trucks, many of those deaths could be prevented.

Sure, it will cost some money to provide that protection. And that cost will have to be passed on to someone–whether it be the manufacturing company, the company which purchases the truck, the consumer of the trucking industry services, etc. Are we willing to bear that cost as a society, or would we rather keep our costs as low as possible–at the price of human life?

Good news: The 11,000+ AnnaLeah & Mary for Truck Safety Petition signers have been added to the Public Comments for the ANPRM Underride Protection for Single Unit Trucks.

To see all of the signatures/comments from the Petition, go to this link:  http://www.regulations.gov/#!docketBrowser;rpp=25;po=0;D=NHTSA-2015-0070

At that site, click on Karth Family/Care 2 Petition. Then click on Supporting Documents. There is a PDF and an XLS spreadsheet. The PDF can be read better by magnifying the chart.

You are allowed to add your own comments to the ANPRM–even if you signed the Petition. You can do so by clicking the COMMENT NOW button on that website. Please take the time to express your thoughts on this vital issue.

I am grateful for the countless people across the earth who care about these life and death matters and are willing to stand up and ask for safer roads.
Please note: Public Comments Period ends September 21, 2015.
Rebekah photo of crash

ELDs for Trucker Hours; Minimum Liability; & Underride Guards: AL&MSUFTS Petition Update

AnnaLeah & Mary Stand Up For Truck Safety Petition

Petition Request

Current Rulemaking Stage

Electronic Logging Devices (ELDs)

The Petition’s 11,000+ signatures were added to the Public Comments for the Electronic Logging Device Rule.  The comment period ended May 27, 2014.

Final Rule is scheduled to be published by 9/30/15.

Companies would then have 2 years from that date to comply.

Minimum Liability Insurance

ANPRM was issued on 11/28/14 meaning: FMCSA announced that it is considering a rulemaking that would increase the minimum levels of financial responsibility for motor carriers.

https://www.federalregister.gov/articles/2014/11/28/2014-28076/financial-responsibility-for-motor-carriers-freight-forwarders-and-brokers

Public Comments closed on 2/26/15.

Those Comments are now being reviewed.

Trucking industry has attempted to get an amendment passed this summer on the THUD Appropriations Bill which would take away funding from FMCSA for continuing the rulemaking process.

Underride Guards

Based on the petition, available information, and the agency’s analysis in progress, NHTSA has decided that the Petitioners’ request related to rear impact guards merits further consideration. Therefore, the agency grants the Petitioners’ request to initiate rulemaking on rear impact guards. NHTSA is planning on issuing two separate notices—an advanced notice of proposed rulemaking pertaining to rear impact guards and other safety strategies for single unit trucks, and a notice of proposed rulemaking focusing on rear impact guards on trailers and semitrailers. NHTSA is still evaluating the Petitioners’ request to improve side guards and front override guards and will issue a separate decision on those aspects of the petition at a later date.

Proposed Rulemaking was issued for rear impact guards on tractor-trailers on July 10, 2014. This is the rulemaking stage in which an agency proposes to add to or change its existing regulations and solicits public comment on this proposal. Recommendations for revision of existing regulations are expected to be issued for Public Comments before the end of 2015.

https://www.federalregister.gov/articles/2014/07/10/2014-16018/federal-motor-vehicle-safety-standards-rear-impact-guards-rear-impact-protection

The Advanced Notice of Proposed Rulemaking (ANPRM) for Single Unit Trucks was issued on 7/23/15, with the Public Comments Period closing on September 21, 2015. This will be followed by an analysis of the Comments and a determination about whether or not, or how best, to initiate a rulemaking.

http://www.regulations.gov/#!docketBrowser;rpp=25;po=0;D=NHTSA-2015-0070

Here is an outline of the rulemaking process:  https://www.federalregister.gov/uploads/2011/01/the_rulemaking_process.pdf

Update on Electronic Logging Devices: “FMCSA advances e-log mandate, rule sent to OMB for approval”

http://www.overdriveonline.com/fmcsa-advances-e-log-mandate-rule-sent-to-omb-for-approval/

This means that the Electronic Logging Devices rule could be going into effect by September 30 and the industry would have to comply with it within two years.

“Still seemingly on target for its projected Sept. 30 publication, a Final Rule to mandate the use of electronic logging devices has been sent from the DOT to the White House’s Office of Management and Budget for final approval before being published.

The DOT’s Federal Motor Carrier Safety Administration sent the e-log rule to the OMB July 30, along with a Final Rule that will implement stiffer penalties for carriers, shippers, brokers and others who coerce or pressure drivers to not abide by federal safety standards like hours-of-service limits.

The OMB legally has 90 days to approve the rules or send them back to FMCSA to be changed, which is unlikely.

The rule, which will take effect two years following its publication in the Federal Register, will require all truck drivers who are required to keep records of duty status to use an electronic logging device, formerly known as electronic onboard recorders.”

Battle over Truckers’ Hours of Servicehttp://www.overdriveonline.com/report-fmcsa-cant-effectively-study-2013-hours-of-service-safety-conclusions-likely-skewed/

“In responding to the report, the DOT noted the GAO had recognized achievements associated with the hours rule: A decrease in the frequency of long work schedules, lower risk of driver fatigue generally, and reduced fatal truck crashes. It agreed with the GAO recommendation to adopt guidance outlining research standards for future analyses and promised a detailed response to the entire effort within the next 60 days.”

Petition Photo Bags at DOT, best

 

11,000+ AnnaLeah & Mary for Truck Safety Petition signers added to Public Comments for the ANPRM Underride Protection for Single Unit Trucks.

Good news: The 11,000+ AnnaLeah & Mary for Truck Safety Petition signers have been added to the Public Comments for the ANPRM Underride Protection for Single Unit Trucks.
To see all of the signatures/comments from the Petition, go to this link:

http://www.regulations.gov/#!docketBrowser;rpp=25;po=0;D=NHTSA-2015-0070

At that site, click on Karth Family/Care 2 Petition. Then Click on Supporting Documents. There is a PDF and an XLS spreadsheet. The PDF can be read better by magnifying.the chart.
You are allowed to add your own comments to the ANPRM–even if you signed the Petition. You can do so on the Comments Now button on that website.
I am grateful for the countless people across the earth who care about these life and death matters and are willing to stand up and ask for safer roads.
gertie 2946

Congress, Please give NHTSA the authority & resources to do their job and keep us safe on the road!

I don’t know about you, but I am tired of the ongoing battle over highway safety. The opposition, as far as I can tell, to measures designed to protect travelers on the road demand more research. But are they listening to the research already being done?

One specific example is regarding longer trucks (Double 33s):

“The legislation would force states to allow “twin 33s” — trucks that pull two trailers, each 33 feet long. Only 11 states allow them now, and Pennsylvania is not among them. Double trailers here cannot be more than 28 feet, 6 inches, and single trailers can be no more than 53 feet long.

“Supporters say the change would eliminate 6 million trips each year, improve the environment and cut down on crashes. . .

“The former head of the National Highway Traffic Safety Administration likens the massive trucks to “trains on highways” that would damage roads and endanger motorists. Trucks weigh 20 to 30 times more than cars, and they take longer than cars to come to a stop, particularly on wet and slippery roads. A U.S. Department of Transportation study found that the twin 33s require 22 more feet for braking than the current trucks on the road. In 2013, 3,964 people died in crashes involving large trucks.

“Pennsylvania Sen. Bob Casey, a Democrat who is crusading against the change, says longer trucks would cause more than $2 billion in damage to the nation’s roads and bridges.” http://www.post-gazette.com/opinion/editorials/2015/07/26/Bigger-s-not-better-Longer-tractor-trailers-spell-trouble-on-the-road/stories/201507310057

NHTSA has had some weak areas, but then let’s do what we can to improve their ability to do what they were commissioned to do in 1966–not sabotage their efforts. In October 1966, Dr. William Haddon became the first administrator of the new federal safety agency.

“Haddon announced twenty-three proposed standards on November 29, 1966, at the Auto Industry Dinner held at the Detroit Automobile Show. . . Haddon began his speech by reminding the auto executives and others present of the ‘continuing national tragedy’ of nearly three times as many Americans dying ‘on our streets and highways,’ as have died in all America’s wars. ‘As civilized people,’ Haddon said, we can no longer tolerate these fatalities, ‘year after year, like a medieval plague beyond our power of influence.’ America must, he said, ‘manufacture safer automobiles.’

“The infant agency raced against the clock to issue new safety standards within about one year of its creation by early 1968. It was not an easy task. . . Haddon himself worked nights and weekends while building the structure of NHTSA and simultaneously writing the final safety standards. . .

“NHTSA’s twenty-three ‘final’ safety standards were drawn mostly from existing General Service Administration standards, from the Society of Automotive Engineers’ (SAE) voluntary ‘guides,’ and one–banning hubcaps that could become dangerous projectiles–based on a Swedish government standard. They were organized into three categories, paralleling Haddon’s original accident matrix: 100-level standards designed to prevent crashes from occurring; 200-level standards designed to reduce the likelihood of injury when crashes occurred; and 300-level standards designed to reduce the risk of injury after a crash occurred. They were issued on time.

“Once a federal standard was adopted it had real teeth. It became the law of the land and could not be ignored or offered only as an option by car makers selling motor vehicles in the United States. The scope of federal motor vehicle safety standards (FMVSS) started with the initial twenty-three, but it has expanded and now includes more than fifty major standards, covering passenger cars, pickup trucks, vans, SUVs, motorcycles, large trucks, buses, and school buses.

“The initial 1968 standards ranged from relatively modest changes such as uniform and visible labeling of dashboard controls, to ground-breaking rules, such as those requiring front seat shoulder harnesses and seat belts built to the GSA standard. There were standards that represented major improvements, such as common transmission shifting sequences (Park-Reverse-Neutral-Drive-Low), warning lights for braking system failures, improved exterior lighting, front seat head restraints, collapsible, energy-absorbing steering columns, and safer door latches.

“The first NHTSA standards were met with sharp criticism from automobile manufacturers. They derided them as ‘useless,’ ‘inadvisable,’ ‘illegal,’ and ‘impossible to meet.’. . .

“For the first time, the automobile industry was required to follow federal safety rules in the design of much of its cars. The standards established a base level of safety in automobiles sold to Americans. And they demonstrated that a federal agency could, if it was forceful enough, require automobile manufacturers to change their car designs to produce safer vehicles.” (Car Safety Wars; One Hundred Years of Technology, Politics, and Death, by Michael R. Lemov, pp. 115-116, 118)

Fortunately, these standards were made law and not voluntary standards,

“The House proposal gave the manufacturers the right to initially write voluntary standards before the federal government would have the chance and the heavy burden of showing that further action was necessary. Detroit should have grabbed the offer. Voluntary industry standards, in any industry, have the reputation of often being weak standards. They are enforceable only through publicity and public awareness, not by government action. The level of such voluntary standards, set by industry committees with limited public participation, can be that demanded by the weakest company, the one with the tightest profit margins. Voluntary standards are ‘consensus’ standards, based on agreement of all industry participants. In dealing with the lives and safety of so many people, safety standards, are, and were then, matters not of consensus but of public importance.” (Lemov, p. 94)

Just one example of this is the rear underride guard standard for tractor-trailers. The current standard is weak and ineffective and does not prevent many deadly underride crashes. The current rule was implemented in 1998 and, despite research to show that it needs to be strengthened, the industry has done little to voluntarily improve the situation. This is a matter of public importance and it is my sincere hope that industry and government can work together and not in opposition.

FMVSS No. 224: https://www.federalregister.gov/articles/2015/07/23/2015-17973/rear-impact-protection-lamps-reflective-devices-and-associated-equipment-single-unit-trucks

Let’s not cave in to industry pressure at the price of compromising the safety of all who travel on the road. Let’s give them the authority and resources to do the job they were given to do. That includes the Federal Motor Carrier Safety Administration (FMCSA) as well.

I, for one, am thankful and will do all I can to promote thorough research and informed decision-making. Saved lives are well worth the price.

Safety is not a priority 002

“‘. . . get the auto industry more proactive. Everybody is reactive, even NHTSA.'”

“Mark Rosekind, the federal government’s chief auto safety official in metro Detroit this week to deliver the opening address at the Automated Vehicles Symposium in Ann Arbor on Tuesday, said he wants the agency to work on preventing tragedies, not just react to them.

“. . . ‘ I don’t mind telling you that I also think one of our agendas clearly — because I keep talking about this — is to try to get the auto industry more proactive. Everybody is reactive, even NHTSA.'”

http://www.freep.com/story/money/cars/auto-leadership/2015/07/20/nhtsa-rosekind-detroit-ignition-switch-general-motors/30412571/

Sounds good to me.

IMG_20140508_114515_341

Let’s Move From: “A Failure of Compassion, & Tactics of Conceal-­‐Delay-­‐Deny While Fiery Crashes Occur” to a “Vision of Zero Fatalities”

Chrysler and the Defective Design of Jeeps with Unsafe Fuel Tanks …..
A Failure of Compassion, and Tactics of Conceal-­‐Delay-­‐Deny While Fiery Crashes Occur
by Byron Bloch, Auto Safety Expert, Potomac, Maryland
www.AutoSafetyExpert.com   Byron@AutoSafetyExpert.com
Presentation at National Highway Traffic Safety Administration
NHTSA Public Hearing on July 2nd, 2015 -­‐-­‐-­‐Washington, D.C.

“From my perspective of about 50 years in the auto safety trenches, I’ve seen that NHTSA has too often been a slowly reactive agency, rather than being pro-active in analyzing vehicle design and performance in real-world accidents.

I’ve seen where automaker documents produced in product-liability court cases reveal that the company has known of the dangers and safety defects for many years, but preferred to conceal that knowledge, then delay its release, and then deny that it ever knew what the documents revealed.

The Chrysler secretly-negotiated deal with NHTSA, without any public hearing, to provide trailer hitches as a so-called recall fix to improve fuel tank protection, but only in low-speed accidents, makes a mockery of what should be done.

Look instead to what NASCAR and helicopters and military aircraft utilize for fuel tank safety, and you’ll see safety technology that could and should be utilized. But that would require compassion… and that’s not yet a Federal Motor Vehicle Safety Standard.

Let’s together join forces to fight for safer vehicles for us all, with the vision of zero fatalities… by preventing vehicle accidents, and by more crashworthy vehicles to protect occupants when accidents occur, and by the elimination of needlessly unsafe and defective designs.

Thank you.” Byron Bloch

Preach it, brother! (Fine Print: And that includes truck underride guards! https://annaleahmary.com/2015/06/truck-underride-prevention-research-too-long-neglected-how-long-will-this-highway-carnage-continue/ )

Chrysler and Defective Design of Jeeps with Unsafe Fuel Tanks

Safety is not a priority 002

Different Version of Highway Safety Bill by Republicans and Democrats Reflect Different Vision of Public Safety Needs in Response to the Largest Vehicle Safety Recalls in History and Mounting Truck Crash Deaths and Injuries:  Safety Advocates JOINT STATEMENT 7-10-2015

Care for Crash Victims Monthly Report July 2015

Crash Fatalities by State 2013

I survived an underride crash, but only because our car went backwards under the truck.

I am able to be an advocate — a vocal spokesperson on behalf of truck underride victims — only because our car was hit by a truck which spun us and then hit us again and thereby pushed us backwards into the rear of another truck.

The underride guard on the back of the truck did not withstand the crash (which is, in fact, the norm because current federal standards are ineffective) and neither did my two daughters, AnnaLeah (17) and Mary (13), who were in the back seat of the car which went underneath the truck. AnnaLeah died at the scene and Mary survived with horrific injuries–dying a few days later.

After finding out that it has already been proven that these underride guards are weak and ineffective, I have been thrust into the role of speaking up for improving the standards to provide stronger more effective underride protection to those who share the road with large trucks.

After we were joined, in the Spring of 2014, by over 11,000 people to petition Secretary Foxx to — among other things — improve the rule for underride guards, our petition was granted and a notice of rule making was issued for tractor-trailers:

We are waiting for this rule making to move forward to the next stage when we will be able to make Public Comments. This will be an important step and we will put out a call for support for this life-saving measure.

Recently, on June 12, 2015, the groundwork for a separate rule making on single unit trucks (currently not required to have underride guards, but responsible for countless crash fatalities) was sent to the Office of Information & Regulatory Affairs (Office of Management & Budget) for review:

Many advocates have worked hard before us to bring it to this point and together we need to continue forward until we have reached the goal of The Best Possible Protection.

Rebekah photo of crash

Give NHTSA $ it needs to oversee auto safety efforts; & Value of a Statistical Life

Care for Crash Victims shared this perspective on whether NHTSA needs more money to do its job in auto safety oversight:

June 17, 2015

Dear Care for Crash Victims Community Members:

The Detroit News reports:

“In a notice sent to Senate offices late Tuesday, the Senate Commerce Committee said it will hold a June 23 hearing titled, “Update on the Recalls of Defective Takata Air Bags and NHTSA’s Vehicle Safety Efforts.”….
The committee’s chairman, Sen. John Thune, R-S.D., said in a Detroit News interview last week he is considering legislative proposals to reform NHTSA, but said he is still not convinced the auto safety agency needs more funding.

Thune said “the White House has not been very visible” on the NHTSA request for more funding.

In an interview Tuesday, Rep. Fred Upton, R-St. Joseph, chairman of the House Energy and Commerce Committee, said he hasn’t made any decisions about whether he will propose auto safety legislation. He backed an amendment to the House Transportation budget last week that would add $4 million to NHTSA’s budget.

“We want to make sure that (NHTSA) is able to deliver,” Upton said.”  See

http://www.detroitnews.com/story/business/autos/2015/06/16/senate-panel-set-hold-hearing-defective-airbags/28846129/

How does $4 million compare with the DOT Policy Guidance value of a statistical life?  [In 2013, that value was $9.1 million.  VSL Guidance-2013-2 DOT value of life  As of June 17, 2015 it was $9.4 million.  https://www.transportation.gov/sites/dot.gov/files/docs/VSL2015_0.pdf ]

How does $4 million compare with 32,675 Americans dying of crash injuries in 2014?  That value would be nearly $300 Billion in 2014.  And that includes zero dollars for an estimated 2 million Americans injured each year.  See http://www-nrd.nhtsa.dot.gov/Pubs/812139.pdf

Hopefully, the American people will make sure that Congress delivers safety — not just a few more dollars.  Here in America, please!

Lou Lombardo

Underride Conversation with David Friedman, NHTSA Deputy Administrator

Shortly after we delivered the 11,000+ AnnaLeah & Mary Stand Up For Truck Safety Petitions to Washington, DC, we were invited to tour the research & design center of a tractor-trailer manufacturer. After doing so, my immediate reaction was to wonder what would ever bring about a major improvement in underride guard strength. And I wished that I could just sit down with the trailer manufacturers and hammer out a solution.

An underride (or rear impact) guard is required by federal law for some large trucks to prevent a vehicle from sliding underneath a truck in the event of a collision. Too often, these guards–as in our crash–even if they meet specifications, are properly installed, and are maintained, do not withstand the crash and the smaller vehicle slides under the truck. As a result, life-saving technologies are not put into effect and there is intrusion into the passenger compartment.

In other words, the back of the truck comes into contact with people in the smaller vehicle who then experience horrific injuries and–too often–death.

IMG_4465

I emailed many people–hoping to drum up some interest in addressing this issue jointly. When I found out that there was going to be a new administrator, Mark Rosekind, at NHTSA, I wrote to him and asked that NHTSA host an underride roundtable discussion.

After exchanging a few emails, I was contacted by his scheduling assistant, who said that we would have a phone call in mid-February. As it turns out, that conversation never took place. Instead, Mark Rosekind arranged for me to speak on the phone with David Friedman, Deputy Administrator at NHTSA, on March 27, 2015.

When we met with DOT on May 5, 2014, David Friedman was the one who told me that he would let me know when a rulemaking was announced for underride guards. And he did so on July 9, 2014 (after promising that they would make a decision in two months, he was very close!): https://annaleahmary.com/2014/07/nhtsa-has-initiated-a-rulemaking-process-to-evaluate-options-for-improving-underride-guards/ . So, it was fitting that he would be the one to let me know about any progress on meeting our petition requests.

We discussed my hopes for an underride roundtable–to bring together those who could do something about improving underride guards. David told me that–while NHTSA would like to host such events–a discussion of underride would likely not occur until 2016. And, even then, it would probably be only one part of a broader truck safety conference.

That would definitely be a good thing but, in my mind, not give adequate attention to the underride issue. In fact, as we talked, it became clear that if an underride roundtable were going to occur, we would have to spearhead the effort.

So, after thanking him for the update, I scheduled a quarterly phone call for June–at which time he promised to provide me with information on the progress of the truck safety issues in our petition. Then I began brainstorming ways in which we could actually work to organize an underride roundtable–with NHTSA as potential participants.

Earlier,  I had spoken about that possibility with John Lannen, Director of the Truck Safety Coalition. So, after speaking with David Friedman, I resumed that conversation. John and I came up with some initial steps to get the process underway. I made a few contacts, and so did he.  As a result, we have had some interesting developments and hope to unveil the details soon.

Perhaps we are closer to seeing improvements in underride protection. Perhaps our loss can serve as a catalyst to encourage the development of The Best Possible Protection for preventing future losses from truck underride crashes.

Washington DC 129

 

 

A Low Tolerance For Crash Fatalities

I was up late last night reading a lengthy article about the engineering perspective on automotive safety issues. It was worth the read to find out how “they” think.

From The New Yorker‘s May 4, 2015 edition:

The Engineer’s Lament

Two ways of thinking about automotive safety.

BY

http://ht.ly/MyBz8

I could quote lots of things from that article, but I will start with this one from David Friedman, Deputy Administrator of NHTSA:

I would argue that our nation has a low tolerance for fatalities associated with airplanes, the N.H.T.S.A.’s David Friedman told me, when we spoke late last year. In part because of that, fatalities are very, very low from aircraft. Also in part because of that, the F.A.A. has close to fifty thousand employees—an order of magnitude more employees than we do. We have six hundred. To deal with ten thousand people who are dying from drunk driving or ten thousand dying because they didn’t wear a seat belt, or the three thousand dying from distracted driving, or the four thousand dying because they are pedestrians or bicyclists and they are hit by a car. That’s why the Administration has been asking Congress for more resources for us. With more resources, we could save more lives. And each time the answer from Congress has been no. Zero.

(Don’t forget the four thousand dying per year from truck crashes.)

That’s what I would like to become prevalent in our nation: A Low Tolerance For Crash Fatalities. An Outcry at the Rampant* Carnage on our Roads.

* Flourishing or spreading UNCHECKED

gertie 132