Senator Nelson submitted Questions for the Record to NHTSA Deputy Administrator Heidi King following her nomination hearing by the Senate Commerce Committee for the role of NHTSA Administrator. We received her answers yesterday:

Senator Nelson’s QUESTION: The National Transportation Safety Board has made several recommendations regarding underride guards that have not been completed. Every year, lives are tragically lost in truck crash accidents because trucks don’t have side underride guards that prevent cars from going under the side of a truck. Further improvements to rear underride guards could also prevent cars from going underneath the back of a truck. Several families in Florida have experienced this tragedy because the life-saving technology is not in place.

Do you believe it is time to require trucks to have underride guards so no more precious lives are lost in such tragic accidents?

Heidi King’s RESPONSE: The agency seeks to take an approach to reducing crashes involving passenger cars impacting the side and rear of commercial motor vehicles taking into account all available technologies. I am committed to a data driven approach to reducing these risks, including an examination of all options. This includes an examination of crash avoidance technologies, such as automatic emergency braking (AEB) and forward collision warning, to mitigate the severity of these crashes and to prevent them from occurring. NHTSA’s research indicates that these technologies on light vehicles have the potential of reducing underride frequency and severity.

Improvements to underride guard standards will be evaluated along with the expected changes to the vehicle crash environment.

My Reaction: Crash avoidance technologies might reduce the number of crashes which occur between trucks and cars. But when collisions do occur — because collision avoidance technology cannot prevent every crash — underride will still occur if there is not effective underride protection on the part of the truck where the collision takes place.

If we decide to use an Either/Or strategy and pick Crash Avoidance technologies instead of Underride Protective Devices, should we also stop using Air Bags and Seat Belts because we no longer expect to have crashes occur?

Why would we not use a Both/And approach to protecting the vulnerable motoring public (including pedestrians, cyclists, and motorcyclists, as well as passenger vehicles)?

Senator Nelson’s QUESTION: What is your plan to require improvements to rear underride guards and the addition of side underride guards on commercial motor vehicles? When will DOT implement NTSB’s recommendations? Please provide specific timelines.

Heidi King’s RESPONSE: On December 16, 2015, NHTSA issued a Notice of Proposed Rulemaking (NPRM) for upgrading rear impact guards on trailers and semi-trailers. NHTSA is reviewing these comments and developing next steps.

NHTSA issued an ANPRM for improved rear truck underride guards and conspicuity tape on single unit trucks. NHTSA estimates that rear guards are not cost effective for single unit trucks. NHTSA is considering next steps regarding rear impact guards and retroreflective tape for single unit trucks.

Regarding crash avoidance measures to reduce underride, per an agreement reached with
automakers in 2016, AEB will be offered as a standard feature in virtually all new light vehicles by September 2022.

My Reaction: What does that mean: “developing next steps” and “considering next steps”? NHTSA has already received numerous recommendations in the Public Comments to underride rulemaking. They have not responded to those in a timely fashion, and they are not being transparent about what they plan to do and when.

In addition, we have submitted a petition for them to follow up the December 2015 Rear Upgrade NPRM with a Supplemental Notice of Proposed Rulemaking (SNPRM) which would encompass everything outlined in the STOP Underrides! Bill (as well as the NTSB underride safety recommendations). In other words, a clear path (based on the recommendations of engineers) has been laid out for them. Additionally, the Bill calls for a multidisciplinary Committee On Underride Protection to be established to guide them in the process of moving forward.

Regarding the cost benefit analysis on single unit trucks, they have not revealed the formula for their calculations, which are most certainly based on flawed data and inaccurate assumptions.

Heidi King’s response refers to the AEB on “virtually” all new light vehicles. What about the older portion of the fleet which will not yet have AEB by 2022? What about AEB on trucks? Justin Stolzfus wrote about that concern:

Although an agreement among federal safety regulators, the insurance industry and automakers will put lifesaving automatic braking systems on most light vehicles by 2022, it will be many more years before large trucks and commercial vehicles, responsible for 4,000 deaths annually, get the same technology. Automatic Braking In Trucks Will Lag Cars By Years

Senator Nelson’s QUESTION: Some trailer manufacturers currently have retrofit kits available to strengthen existing trailers to enable them to meet the Institute for Highway Safety’s ToughGuard standard. Given the availability of current technology to address this challenge, what steps can the agency now take to prevent passenger compartment intrusion and underride fatalities?

Heidi King’s RESPONSE: NHTSA continues to monitor the development of this technology and will work with the Federal Motor Carrier Safety Administration (FMCSA) to ensure that truck and fleet operators are aware of safety considerations for trailer repairs. FMCSA operates roadside inspection programs for commercial motor vehicles and underride guards are inspected as part of these programs.

My Reaction: However, underride guards are often not properly maintained and are not currently on Vehicle Inspection Checklists and are not included in the Appendix G in the FMCSA Safety Regulations Pocketbook. It seems to me that, until they are included, underride guards are not likely to be consistently inspected or receive appropriate violations  — including an Out of Service Violation for a weak or non-existent guard, which could lead to a crash becoming deadly.

Sitting around and monitoring the development of technology seems to me to be irresponsible when the agency could take the lead and mandate that the technology — which is already developed — be installed. Any adjustments which would be required could easily be handled by the industry in the time period before implementation is required. This would save lives; people die when colliding with existing trucks not just newly-manufactured ones.

After all, the industry has had plenty of time to prepare. DOT stated in 1969 that they planned on adding underride protection to the sides of large vehicles. And the industry themselves, in 2002, predicted that there would be underride regulations for front, side and single unit trucks by 2006.

There is no excuse for the blatant inaction which is evident all-around.

Senator Nelson’s QUESTION: When will NHTSA release the results of the Texas A&M side underride study, which was completed at the end of 2017?

Heidi King’s RESPONSE: The report has been released and is available here.

My Reaction: In 1969, DOT planned on adding side guards to trucks after technical studies had been completed. Well, they’ve been completed. We’ve been waiting almost 50 years. Will they act now? (Read more of my reaction here.)

Heidi King holds a significant position in NHTSA — an agency charged with ensuring the Safety of the traveling public. I, for one, am not very satisfied with her answers. Did she explain why the agency has waited so long to effectively solve the underride problem — especially when engineering solutions are available? Did she let us know when they would move forward?

It seems clear to me that her answers confirm the fact that, if Congress wants the Department of Transportation to address the underride problem and end preventable underride deaths & injuries, then they will need to pass a law telling them to do so.

Side Underride Crashes Kill 200 People a Year. Will Congress Act?