Tag Archives: Senator Schumer

David vs Goliath: Will Industry Lobby Power Win the Day in the Battle to End Preventable Truck Underride?

Almost fifty years ago, on March 19, 1969, the Department of Transportation publicly stated their intention to add underride protection to the sides of large vehicles. So why have they not yet done so?

Is it lack of data? Sure, the deadly underride problem is vastly undercounted. But the thousands of underride deaths actually recorded since that date are certainly enough to confirm that this problem needs to be addressed.

Is it a lack of practical, viable solutions? Actually, engineers have offered solutions to every kind of underride for decades. But without a mandate, investors are hesitant to back them and manufacturers are reluctant to stick their necks out in a highly competitive industry. (We have heard this with our own ears.)

So what is it then that has prevented DOT from moving forward to end Death By Underride? I have some good guesses. But look for yourself at this published evidence of industry attitude toward the idea of underride regulations (to end preventable horrific deaths & debilitating injuries), and then tell me what you think. . .

Yesterday morning, I saw a Tweet from the National Tank Truck Carriers (NTTC) in which they applauded the 2019 NTSB Most Wanted List. It included a link to an article in Bulk Transporter which carries on about how committed the Tank Truck Association is to highway safety and making the roads safer:

. . . NTTC’s members are always working to improve in these areas, incorporating the best technologies and people-management practices to combat distracted, impaired, and fatigued driving. NTTC is particularly pleased that none of the 45 recommendations in the Ensure the safe Shipment of Hazardous Materials section relate to highway mode transportation. Tank truck carriers carry a disproportionately large number of hazardous materials loads and work diligently to ensure they are transported safely.

“NTTC is pleased that our members’ efforts has resulted in zero highway-mode recommendations on the hazardous materials most wanted list,” said NTTC President Daniel Furth.

NTTC is dedicated to highway safety, and it looks forward to working with NTSB, the Department of Transportation, its modal agencies, and other stakeholders to make America’s highways as safe as possiblehttps://www.bulktransporter.com/tank-fleets/nttc-applauds-ntsb-s-most-wanted-list-transportation-safety-improvements

When I mentioned this to Jerry — because I was plotting how to reply to their Tweet asking them to also support safety through underride protection — he reminded me of a previous article, which I had found last Spring, where this same group (NTTC) stated that they anticipated a potential battle to fight a side underride mandate:

Miller: NTTC serves as an advocate for the industry.We track state and federal issues. For instance, we’re involved with trying to shut down the California rest break requirement, which is a bad deal for trucking companies and their drivers. It interferes with interstate commerce. 

BT: Is NTTC achieving success with efforts to preempt state rules that conflict with federal regulations?

Miller: Yes. NTTC does a great job of catching these issues early. We have significantly better legal and lobbying representation today. We’re also in a very strong financial condition, and we have funds available to finance our efforts

We’re the only organization that fought against the proposed mandate to ban wet lines, and we won. We may have to face off on a possible side-underride mandate in the near future. 

https://www.bulktransporter.com/tank-fleets/lee-miller-targets-drivers-critical-tank-truck-industry-issue (an excerpt at the very bottom of this lengthy interview article from April 30, 2018)

Draw your own conclusions and then ask yourself: “Will I be part of those who are swayed by the industry arguments and lobbying power and turn a blind eye to preventable and unimaginable underride tragedies? Or, will I stand with those who plead on behalf of the countless vulnerable victims of Death By Underride and call for a comprehensive underride protection mandate?”

Do you count yourself with David or Goliath?

Moms on a Mission to Make Truck Crashes More Survivable

After all, it was a fatal underride crash under the side of a milk tanker truck on July 6, 2017, which caught the attention of the U.S. Senators from New York.

Ambulance workers returning from call killed in I-81 milk tanker crash

Subsequently, Senator Schumer called for improved underride protection and Senator Gillibrand committed herself to supporting our drafted comprehensive underride protection bill, which was introduced on December 12, 2017, as the STOP Underrides! Act of 2017.

And here is a more recent fatal underride crash involving a tanker truck on December 26, 2018:

Four people were killed early Wednesday morning after the driver of the vehicle crashed into a tanker truck on the Garden State Parkway in New Jersey, police said.

Kevin Quispe-Prieto, 21, Jimmy Quispe-Prieto, 23, Victor Lugo, 24, and Robert Ordenana, 23, were killed following a crash near Berkley Township just before 3 a.m. Wednesday, New Jersey state police said. The driver of the oil tanker, who was not identified, suffered injuries that were not life-threatening.

Four people were killed after their vehicle collided with a tractor-trailer.
Four people were killed after their vehicle collided with a tractor-trailer. (FOX5NY)
Photo & video of car at back of tanker truck: 
And another side underride crash into a milk tanker truck: Deadly Milk Truck Crash Reported On Gilman Springs Road
  1. A few years ago, I discovered a March 16, 1977 Senate Investigative hearing, which was reported on in the March 29, 1977 IIHS Status Report.
  2. This is how that report began: The Insurance Institute for Highway Safety has released the results of a crash test program focused on the deadly problem of car-into-truck underride crashes. Appearing as lead-off witness at a March 16 Senate Investigative hearing, the Institute’s president, William Haddon, Jr., M.D., presented crash test films and analyses showing that: The 25 year-old federal “rear end protection” standard for devices on the backs of tractor-trailers and trucks is “a sham.”
  3. Further, Haddon warned Senators“Blood has been shed, heads literally have rolled and countless thousands of Americans have been injured because these agencies did not act. Further inaction would be inexcusable.”

 

Our stories show the world that this violence has to end.
But the forces up against us make it hard to score a win.
Yet we’ll climb up this mountain of grief once again.
Weeping is our strength; let this battle begin.

Lyrics: from the broken heart of a mother (remembering the peace and joy of AnnaLeah and Mary); Tune: Simple Gifts

Note: Here is a 1989 University of Michigan Transportation Research Institute (UMTRI) study including analysis of NHTSA rulemaking on rear guards:
“As indicated throughout our analysis, the proposed NHTSA rule was
never implemented. The exact reasons for not adopting it were
never explicitly stated. However, one can infer that the strong
opposition by the entire trucking industry combined with
‘”deregulation'” sentiments of the recent administration were the
major factors in its failure to be implemented. We note that
failure to implement a rule on underride guards took place
despite extensive research indicating their expected

“Powerful Senator joins calls for stronger semi-trailer underride guard laws”

WUSA9 reports that Senator Schumer has joined our call for stronger underride laws.

WASHINGTON, DC (WUSA9) – Senate Minority Leader Charles Schumer, (D-N.Y.) is launching a major effort to improve critical safety features on semi-trailers that could save hundreds of lives on U.S. highways.

The WUSA9 Special Assignment Unit has reported on the issue for weeks.

On Friday, Sen. Schumer called on the federal government to update and upgrade safety standards by requiring trucks be equipped with energy-absorbing rear underride guards.

Schumer is also calling on the National Highway Traffic Safety Administration (NHTSA) to require trucks be equipped with side underride guards. He also asks for new research into front underride guard standards. . . 

Watch their news report here: Powerful Senator joins calls for stronger semi-trailer underride guard laws

After learning of yet another terrible side underride tragedy earlier this month in New York, we reached out to NY legislators asking them to support this cause.

How sad it is that it takes tragedies like these to bring about change. How hopeful I am that we are moving quickly to seeing comprehensive underride protection become a reality. Let’s do this!