Tag Archives: RAM CUP Act of 2017

SEEING IS BELIEVING: Unique Opportunity To Fund A Crash Test In Our Nation’s Capital

We are making progress on getting a bill introduced in Congress which would mandate Comprehensive Underride Protection on all large trucks. But we don’t want to take a chance that it would somehow get waylaid, defeated, or put on the back burner.

We need to convince every man and woman in the U.S. Congress to vote for the timely passing of the Roya, AnnaLeah & Mary Comprehensive Underride Protection Act of 2017. And we think that we have the perfect plan to accomplish that lofty goal:

We are making plans for a Capitol Grounds Underride Crash Test Media Event; SEEING IS BELIEVING!

We have two major hurdles to overcome:

  1. Gaining permission to hold this event.
  2. Funding to pull it off.

We are in the process of completing the necessary paperwork to get approval for this event and hope to have backing from The Hill. Pray that this request would find favor.

The matter of funding is more elusive; thus I am posting this appeal in hopes that one or more persons will respond to this unique opportunity to change the course of history, to make a significant contribution in the push to end preventable underride tragedies. Pray for a timely and enthusiastic response to this financial need.

We have reached out to the engineers, who have been devoting their lives to designing side underride protection solutions. And we have come up with a budget to organize two crash tests, one into a trailer without a side guard and one into a trailer with a side guard:

  • Two trailers $15,000
  • Two crash cars (including transportation to the site and disposal) $3,000
  • Portable Safety Barriers $500
  • Tractors to bring the trailers to the site & to be hooked up to the trailers for crash test) $1,000
  • Engineer to run the test & insurance $3,000
  • Other costs of the Media Event $2,500
  • TOTAL CRASH TEST/EVENT Budget $25,000

 

IIHS Proves That Side Underride Crashes Are Deadly But Preventable: Seeing Is Believing

AnnaLeah & Mary for Truck Safety is a 501(c)(3) non-profit, dedicated to preventing vehicle violence. Donations accepted here.

Moms Who Lost Daughters In Truck Underride Collisions Push for Greater Safety

Mandates take burden off manufacturers. Crash tests in labs better than crash tests occurring in real world.

Lou Lombardo has written a thought-provoking opinion piece, Creating a Demand for Crash Testing (CTTI, September 2011). It holds great value in confirming the need for comprehensive underride protection legislation to be introduced and passed in a timely manner.

“From Sweden, Germany, Japan and Korea, to Australia and the USA, there are excellent safety engineers and scientists the world over in both the private and public sectors. But, as safety legend Ralph Nader has pointed out, these people have more problems than they deserve, and more solutions than are deployed.

“The basic problem is that safety engineers in auto companies and suppliers have to convince their managements to fund safety RDTE & D (research, development, testing, evaluation, and deployment). Managements are reluctant to allocate capital unless they can see a return on investment, have to meet legal (governmental and/or liability) requirements, or face competitive imperatives (pressures or opportunities). Information, as published in magazines such as this, can increase the motivation of managements to allocate resources for crash testing — especially when there is public demand for safety.

“Demand for safety can be stimulated. How? By people, organizations, and events, both planned and unplanned. . . Think Lee Iacocca’s marketing initiative of using images of a dramatic head-on crash of two airbag-equipped Chrysler cares in which motorists walked away, saved by airbags. . .

“First, start with very important goals. . .

“Secondly, we must create lead measures of progress toward meeting these goals. . .

“The third measure is to create a safety-stimulating scoreboard that shows how corporate auto makers rank at protecting their customers and other motorists; how well insurers stimulate safety; and how well Federal and State governments improve the performance of preventing and treating needless deaths and treating people injured in crashes. Can we do this? Yes we can! . . .

“All motorists prefer more crash testing in laboratories to the millions of crash tests occurring in the real world each year.”

Read more here: https://www.careforcrashvictims.com/assets/lombardo-CTTI-Sept2011.pdf

This is very relevant to the state of underride protection in our country. In fact, it reminds me of a comment made to me recently by someone in the trucking industry. Among other things, he said that “legislation takes the burden off of the manufacturers.”

In other words, when the Roya, AnnaLeah & Mary Comprehensive Underride Protection Act is passed, then the truck and trailer manufacturers will no longer have to work to convince their customers that it is to their advantage to have effective underride protection installed. It will just be the way it is — comprehensive underride protection on every single truck on the road. The new normal.

And, thankfully, it will no longer be inevitable that a truck crash will result in an underride tragedy. Imagine.

Someday, people might even forget that truck underride used to happen hundreds of times a year. It will be a piece of our past. And that is just fine with me.

Why COMPREHENSIVE Underride Protection Legislation?

Why, you might ask, would we write a piece of legislation calling for a comprehensive underride protection rule? Why not have separate bills for side underride and rear underride and front underride and Single Unit Trucks (SUTs), et cetera?

I am convinced of the importance of this strategy and want to share some of my thoughts here.

RAM CUP: A DIFFERENT STRATEGY
TO ACHIEVE UNDERRIDE PROTECTION
For Such A Time As This

What can we discover from past attitudes or strategies to address underride deaths?

1. Fragmented approach has led to weak and ineffective protection on some parts of a truck and other parts unprotected (or no protection on Single Unit Trucks)
2. Various aspects of underride protection were treated as separate, unrelated issues
3. Various stakeholders worked in isolation rather than collaboratively
4. Waited for industry to take initiative (or express approval)
5. Not addressed with a sense of urgency
6. Statistical and cost/benefit analysis was flawed and inaccurate and inappropriately undervalued human life and health by putting expenses of providing improved safety on a par with lost lives.
7. Conspiracy of silence regarding deaths due to preventable vehicle violence with the result that too often too little was done too late to save lives.
8. Solutions did not always take into account all aspects of the system, including the crashworthiness of the passenger vehicle or the potential of energy absorption on the large truck.
9. A blaming the victim attitude too often overshadowed the responsibility of the industry to take action and find ways to make trucks safer to be on the road in order to protect vulnerable road users.
10. Confusion about how to solve the problem, along with other factors, may have contributed to inertia to do anything about it.
11. Multiple layers of responsibility has too easily led to No One taking responsibility. (GM Nod)
12. For whatever reason, there have been few R & D resources devoted to this issue.
13. Data has been limited or hidden, partially due to misunderstanding of the problem and lack of training for enforcement officials to identify the role of underride in truck crashes.
14. Isolated incidents of underride may have hidden the immensity of this obscure tragedy.
15. Skepticism about the possibility of technologically and practically feasible solutions has been an obstacle to wholehearted commitment to necessary R & D.
16. Concerns about potential liability may have caused resistance to acknowledge the issue.
17. The competitive nature of the industry may have contributed to a lack of cooperative effort to deal with a deadly design.

I wrote that while sitting outside the Duke Integrative Medicine Center. When I finished, I went inside and picked up a book called, Hippocrates’ Shadow, which talks about what happens in the medical field when the problems of ineffective treatments are not openly discussed. This phrase jumped out at me: “With full knowledge and ample evidence that it doesn’t work, we do it anyway.” (by David H. Newman, MD, p. 25) And the author referred to one of the reasons that the problems don’t get addressed being, “a culture of conformity, inertia, and malpractice paranoia.” Well said. . .

In fact, the development of a COMPREHENSIVE approach to taking care of the truck underride problem was probably first planted in my mind at the Underride Roundtable on May 5, 2016, with the suggestion of a member of the trucking industry.

Read about that here, including the subsequent actions that resulted in a Comprehensive Underride Consensus Petition which a group of us submitted to Secretary Foxx at DOT on September 23, 2016, and upon which the Roya, AnnaLeah & Mary Comprehensive Underride Protection Act of 2017 is based.

It is not necessarily the initial collision in a truck/passenger vehicle crash which kills but the Second Collision which occurs. In fact, it is quite possible that, of the over 4,000 truck crash deaths which occur every year, many of them could be prevented if adequate comprehensive underride protection were on every single truck.

Underride protection does not prevent a collision but it can prevent the violent injuries and deaths which occur from the Second Collision of the truck into the Passenger Compartment.

In contrast to a fragmented approach, this is my suggestion for approaching the problem of truck underride:

COUP/COUP

Upon reflection, it is my belief that the system for arriving at regulations has been working harder to protect the industry from liability  and responsibility than to protect road users from harm. Furthermore, this has led to a non-transparent process for arriving at appropriate and effective safety measures.

In stark contrast, the crafting of this bill, the Roya, AnnaLeah & Mary Comprehensive Underride Protection Act of 2017, was based upon extensive research and the gathering of experts and interested parties over the last four years,

These discussions involved trucking industry representatives, including Ted Scott, VP of Engineering for the American Trucking Associations (ATA), and Gary Fenton, who is VP of Engineering for Stoughton Trailers and Chairman of the Engineering Committee for the Truck Trailer Manufacturers Association (TTMA). Participants also have included engineering experts from universities, international experts in truck underride, and two engineers who have designed side guards which have recently been successfully tested.

In my humble opinion, the interests of this country would best be served if this group would be formally recognized and commissioned to work with NHTSA and to develop the specifications for the final comprehensive underride protection rule. Why re-invent the wheel? Why delay the process any longer than necessary? Wasted time translates into more unnecessary death and life-long grief.

AND

The COUP truck safety certification program (modeled after the Transport for London FORS) could also be integrated into the comprehensive underride protection vision/scenario/strategy/bill:

COUP (Certification Of Underride Protection). In order to get fully certified, a trucking company would have to get an award in each aspect of underride protection, including:

  1. Rear (Already introduced by the IIHS with their recent presentation of a ToughGuard award to five trailer manufacturers)
  2. Front
  3. Side
  4. Maintenance of underride devices (annual inspection and training in how to do pre-trip inspections of the devices)
  5. Training for drivers in what to do and not do in terms of parking and U-turns
  6. Other (whatever I am forgetting right now — like the protection of all vulnerable road users)

This would be required for ALL trucks, including Single Unit Trucks (Straight, Box).

I would like to add this aspect to the drafted bill, along with a mandate for establishment of a Committee of Experts to Oversee This.

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

So, what did you do today? If someone were to ask me that question, I would have to admit that I spent hours emailing legislators in Washington, D.C. — asking them to sponsor and support the Roya, AnnaLeah & Mary Comprehensive Underride Protection Act of 2017, otherwise known as RAM CUP Act of 2017.

My partner in the process was Lois Durso, a mom who lost her 26 year-old daughter, Roya Sadigh, 12 years ago to a side underride crash. Still to this day, side guards are not required on the sides of large trucks — even though there were 1,534 reported side underride deaths from 1994-2014 in the U.S.

Lois and I met after the February 7, 2017, airing of the Today Show investigative report on side underride. Ever since, we have been meeting with truck industry and government leaders to raise awareness on the problem of deadly truck underride and the solutions available to prevent these tragedies.

At the end of our time in Washington, D.C., last week, Lois and I decided that enough was enough! We were sick and tired of waiting for someone else to resolve this decades-old problem. So we took the bull by the horn and drafted comprehensive underride protection legislation. And, today, we introduced the country’s legislators to our proposal.

We are hoping to get widespread, bipartisan support. We welcome participation by citizens willing to contact their legislators — urging them to sponsor and vote for this life-saving bill, the RAM CUP Act of 2017.

If they have not heard of this bill yet, please send them to our website (annaleahmary.com) for further information:

Lois Durso and Marianne Karth getting ready to attend the Senate hearing on Continuing to Improve Truck Safety in Washington, DC, March 14, 2017
Beginning to draft the Roya, AnnaLeah & Mary Comprehensive Underride Protection Act, at Union Station, March 15, 2017