The Department of Transportation published a report in May 2020, A Literature Review of Lateral Protection Devices on Trucks Intended for Reducing Pedestrian and Cyclist Fatalities. The published report purported to fulfill a $200,000 contract (number SA9PA1) awarded by the Federal Motor Carrier Administration (FMCSA) to the John A. Volpe National Transportation Systems Center. In 2019, Volpe Center researchers turned in a draft of that report, entitled, “Truck Side Guards and Skirts to Reduce Vulnerable Road User Fatalities: Final Report on Net Benefits and Recommendations” (DOT-VNTSC-FMCSA-19-01). The published literature review left out many of the original objectives outlined in the contract between FMCSA and the Volpe Center to study the effectiveness of truck side guards to reduce Vulnerable Road User deaths.

Senior Agency Officials Suppressed Side Guard Research — Impacting Regulatory Analysis

ALMFTS investigated by requesting documents pursuant to the Freedom of Information Act. Internal agency emails reveal that the Department — not the study’s authors — rewrote the Volpe Center Report, in violation of a federal guidance on conducting peer review. The emails document that a NHTSA official made revisions to the original report rather than making recommendations to the study’s authors — as would be done in a genuine peer review.

Here is a subset of those emails — a list of some of the more relevant and revealing ones, which document that revisionism rather than review of a research study took place:

USDOT Emails Via FOIA – Documentation of Violation of OMB Peer Review Guidance

This is a violation of an Office of Management & Budget guidance on peer review — at the peril of Vulnerable Road Users who are at risk of known, unreasonable, and preventable truck underride injuries and death, as well as occupants of passenger vehicles. 

Relevant documentation: Timeline of Events Concerning the Volpe Center Side Guard Research Report

When one errs, the right thing to do is to correct the error. The right thing to do here is to correct the information the Department erroneously published. What will the Secretary of Transportation do, at this juncture in history, to protect these souls entrusted to his care?

If only the federal traffic safety agency had fought as hard to get side underride protection on the roads as they did to keep them off the roads, those roads would be a whole lot safer. Although it is only one piece of a larger puzzle, the Volpe National Transportation Systems Center report on truck side guards — before Department officials suppressed its findings — illustrates the cost effectiveness of a technically-proven road safety countermeasure.