Tag Archives: STOP Underrides! Bill

The STOP Underrides! Act of 2017 Gained Another Co-Sponsor #STOPunderrides

One year ago, December 12, 2017, the STOP Underrides! Act of 2017 was introduced in both houses of the U.S. Congress. Since that day, we have educated numerous congressional offices as well as transportation industry and safety professionals.

The bill will be re-introduced in January, a Government Accountability Office (GAO) Underride Report is due to be issued in mid-February, and, on March 26, 2019, there will be an Underride Crash Test in Washington, D.C. The seeds have been planted, which we hope will soon bear fruit — leading to a mandate for comprehensive (front, side, rear) underride protection to be put on large trucks in this country.

Senator Gary Peters, from my home state of Michigan, joined other co-sponsors this past week to support the Senate version of the bill, S.2219:

Sponsor: Sen. Gillibrand, Kirsten E. [D-NY]

Sen. Rubio, Marco [R-FL]* 12/12/2017
Sen. Nelson, Bill [D-FL]* 12/12/2017
Sen. Booker, Cory A. [D-NJ] 12/13/2017
Sen. Blumenthal, Richard [D-CT] 12/14/2017
Sen. Markey, Edward J. [D-MA] 12/18/2017
Sen. Duckworth, Tammy [D-IL] 01/29/2018
Sen. Peters, Gary C. [D-MI] 12/06/2018

The House version of the bill, HR.4622:

Sponsor: Rep. Cohen, Steve [D-TN-9]

Rep. DeSaulnier, Mark [D-CA-11]* 12/12/2017
Rep. Nolan, Richard M. [D-MN-8] 12/19/2017
Rep. Cartwright, Matt [D-PA-17] 12/19/2017
Rep. Price, David E. [D-NC-4] 03/01/2018
Rep. Lofgren, Zoe [D-CA-19] 03/01/2018
Rep. Carbajal, Salud O. [D-CA-24] 03/01/2018
Rep. Lowenthal, Alan S. [D-CA-47] 03/01/2018
Rep. Norton, Eleanor Holmes [D-DC-At Large] 09/28/2018

If you see your legislators listed, please thank them. If not, please contact them and ask them to co-sponsor the STOP Underrides! Bill  — a sure way to save lives.

Take Action Today to STOP Preventable Underride Tragedies #STOPunderrides

Most people in this country do not understand the role of underride in truck crash tragedies. Once they find out though, they get it.

Do yourself and your loved ones a favor. Take time to understand what happens when a truck and smaller passenger vehicle collide and how deadly underride can be prevented. Then, take action:

  1. Sign the STOP Underrides Petition.
  2. Share the Petition link: https://www.thepetitionsite.com/104/712/045/congress-act-now-to-end-deadly-truck-underride/
  3. Call your U.S. legislators here.

IIHS crash testing with & without a side guard: 

IIHS crash testing weak rear guard & improved rear guard:

“Obviously any safety accident we’ll do everything we can to prevent it,” Sen. Thune

A trip to South Dakota by Lois Durso, to raise awareness of the truck underride problem at the Sturgis Motorcycle Rally, led to some media interviews in which both she and Senator John Thune talked about the STOP Underrides! Bill.

According to Senator Thune,

“Obviously, any safety accident or safety incident we’ll do everything we can to prevent it. The authority exists on the Department of Transportation to require that.” . . .

I’d like the opportunity to discuss with Senator Thune the fact that, if that is truly so, then moving the STOP Underrides! Bill to a vote would be a logical action for him to take to prevent underride tragedies.

I’d also like to discuss with the senator that the Department of Transportation may have the authority to require strong underride protection but, in over 50 years, they have not acted upon it to require side guards — even though they said that they intended to in March 1969. Furthermore, NHTSA has not acted upon that authority to adequately address the underride deaths and injuries which continue to occur year after year.

It seems to me that the three branches of the government were designed for the purpose of keeping each other in line and that the role of Congress includes making sure that the administrative branch is doing its job to protect the American people. ( To ensure the government is effective and citizens’ rights are protected)

“The cost that is associated with that obviously is a big issue,” Sen. Thune said. “And there are also, I think, as they look at these things, other safety issues come into play, as well. So, sometimes when you tweak one thing or fix one problem, you create others. .  “

I would like the opportunity to sit down at the table with Senator Thune and show him the facts about the negative financial impact of underride injuries and deaths upon the trucking industry. I would also like to discuss with him the tangible ways in which the passing of the STOP Underrides! Bill will lead to a win/win for both the industry and the vulnerable victims of underride violence.

Senator Thune is not the first to mention “unintended consequences.” It is a tired old argument that the trucking industry is always using and gets us nowhere. Frankly, I don’t think that it is productive to talk in generalities like that and refuse to engage in open and honest discussion about specifics. Just what safety issues is he talking about anyway, because he doesn’t spell them out? And really, what could be worse than dying at the scene like AnnaLeah who was crushed and died because she couldn’t breathe or Mary who had just about every bone in her face broken and suffered multiple strokes and head trauma so that she died a few days later?

The industry also frequently brings up issues like: Will the guards be so low that trucks will get caught on railroad tracks or in loading docks? Will they weaken the trailer structure? Will they negatively impact over the road travel? Will they last the life of the truck? I don’t know about the people who ask those kinds of questions, but I have talked to engineering experts to find out the answers to those questions; mostly they don’t think those concerns are valid and realize that, if issues do crop up, then they can be addressed with engineering ingenuity.

“I think as they evaluate and examine this proposal they’re trying to do it in a way that makes sense and find the right balance in terms of the path forward,” Sen. Thune said. . .

There is nothing that does not make sense about the STOP Underrides! Bill. Engineering experts were an integral part of developing the legislation. And the bill itself calls for the establishment of a Committee On Underride Protection to be part of the rulemaking process.

The right balance? What does that mean? Does that mean that we will continue to let the trucking industry off the hook from taking responsibility for deaths and injuries which occur from the dangerous design of truck bodies in relationship to a geometric mismatch with passenger vehicles? Does that mean that some people will have to continue to die from preventable Death By Underride to protect the profit of the trucking industry? Were my daughters’ lives not worth saving? How about yours or your loved ones? The industry has avoided paying anything for years. Shouldn’t they have to make up for lost time and finally pay the piper?

Senator Thune says there have not been any proposals that would cost the taxpayers. He says truckers would have to pay for the changes. http://www.ksfy.com/content/news/Two-women-are-traveling-across-the-state-to-raise-awareness-of-Underrides-490493581.html

Senator Thune is right that the bill does not require that money be added to the federal budget which would cause further debt to taxpayers. Although he says that truckers would have to pay for the changes, he doesn’t spell out exactly what that will mean or that an honest cost/benefit analysis will show that effective and comprehensive underride protection will, in the end, actually be to their financial benefit and it will help to preserve their careers and emotional well-being.

Of course, it will require an initial output of money but won’t those costs be passed along so that we all share in this? And, in all this talk of costs, no one has actually indicated what the costs will be compared to the overall revenue and profit of the industry.

What it gets down to is that Senator Thune, as the Chair of the Senate Commerce Committee to whom the bill has been referred, has the power to protect the traveling public and therefore the responsibility to act in a way that is in the best interest of the American people. It behooves him, therefore, to meet with those of us who understand every nuance of the underride issue. That is why Lois Durso and I have asked to meet with him to discuss this in depth.

He needs to know that the trucking industry has, for decades, neglected the known problem of deadly underride and refused to take appropriate action to aggressively address the issue. Clearly, they are not going to get it solved without intervention from the federal government.

There, the gauntlet has been thrown down — not to defeat Senator Thune or the trucking industry but to engage in productive and passionate dialogue which will help us to arrive more quickly at a resolution of this public health problem — together.

If Senator Thune is unwilling to take decisive action, then who should bear the responsibility for the people who continue to die as a result of this needless delay in passing the bill?

My knee-jerk reaction to the ATA Letter of Opposition to the STOP Underrides! Bill

The American Trucking Associations (ATA) sent a letter, on June 4, 2018, to the sponsors of the STOP Underrides! Bill — including Senator Gillibrand — listing the reasons that they are opposing this life-preserving legislation.

ATA letter to Commerce TI on Safety and the STOP Underrides Act FINAL 6.1.18

Here is my knee-jerk reaction written as soon as I read the ATA’s letter. If there is a more official response, I will update this post.

    1. What % of the industry annual revenue and profit is the $10 billion Safety Spending?
    2. What is the industry annual revenue and profit for the same time period?
    3. ATA states that, “Without question, these investments are paying dividends in highway safety. Over the past decade, the number of truck-related fatalities has decreased by 11 percent despite steady growth in the overall number of trucks and truck-miles traveled” RESPONSE:  NHTSA: Large truck crash fatalities increased in 2016 According to data released by the National Highway Traffic Safety Administration (NHTSA), 4,317 fatalities occurring last year in crashes involving large trucks, which is 5.4% higher when compared to 2015 and is also the highest level of large truck crash deaths since 2007. http://www.trucker.com/safety/nhtsa-large-truck-crash-fatalities-increased-2016
    4. ATA states that: “significantly increased likelihood of high-centering of the side guards on steep changes in highway and street levels, such as elevated railroad crossings, and at warehouse docking wells. High-centering incidents already occur when operators of low frame trailers misjudge clearance heights at railroad crossings, which can result in tractor-trailers becoming stranded on railroad tracks. If all trailers were to have substantial side underride guards extended beneath the trailer sides, high-centering incidents would likely become more frequent.” Response: In fact, that is not a true statement. The engineers who have worked on trying to solve the side underride problem are ENGINEERS; they think about every aspect of the problem. They listen to truck drivers and motor carriers. Here is a reaction to that concern from Perry Ponder, an engineer for a small trailer manufacturer and designer of the AngelWing side guard: A 2002 Study by the University of West Virginia showed that trailers and trucks must be much lower to the ground than an underride guard to hang up on regulation railroad crossings and driveway and dock slopes.  One need look no further than how low semi-tractors are to the ground, or low-boy trailers. or car hauling trailers, to dispel the notion an underride guard at 16 to 18 inches from the ground cannot operate safely over the road.    Development of Design Vehicles for Hang-Up Problem (https://trrjournalonline.trb.org/doi/abs/10.3141/1847-02) , 2002 “Design vehicles were developed to evaluate the operation of low-ground-clearance, long-wheelbase, overhang vehicles on extreme hump or sag profile alignments. The literature review indicated that although formal studies had been conducted to develop design vehicles, these vehicles did not include the information needed to assess hang-up susceptibility on a particular vertical alignment. Relevant design vehicle dimensions for 17 vehicle types prone to hang-up were developed.  Relevant dimensions included wheelbase, ground clearance, and front and rear overhang. These vehicles can be used in conjunction with the HANGUP software or other tools in designing vertical alignments that reduce the likelihood of hangup problems. Because they are based on representative samples of both field-collected and manufacturers’ data and have been evaluated using the HANGUP software, the design vehicles are reasonable and have a rational basis. The proposed vehicles should receive broad review with an eye toward inclusion in appropriate design policies and guidelines.”
    5. ATA states that, “ the bill is not based on science, data or safety benefit. Moreover, the bill ignores the potential technical issues it raises, as well as the diversity of our industry and other technologies for addressing these and other crashes. In trucking we know unequivocally that one size does not fit all, and that investments in certain technologies that one company makes may not make sense for another. Standards for new and in-service truck equipment should be based on sound economic and engineering principles that enhance safety, take into account real-world operations, and weigh the potential unintended consequences.” Response: Their statement ignores the multitude of research studies (including NHTSA’s own Texas A&M virtual side underride study which was recently completed) and crash tests which have been done by engineers for decades. And, in fact, the ATA — knowing that the underride problem is vastly undercounted — could have been conducting their own research or putting tangible support behind ongoing research when they were predicting underride regulations in 2002. How much money could have been devoted to solving this problem if they had contributed $1 billion every year for 16 years since that time? See this ATA/TMC 2002 paper: A Brief Look at the Far Horizon An Exploration of What’s to Come for Trucking
    6. ATA states:Recently, twenty automakers representing more than 99 percent of the U.S. auto market committed to make automatic emergency braking a standard feature on virtually all new passenger vehicles by 2022, which will help reduce many of the crashes where a passenger vehicle strikes a truck.” Response: How long before this will be present in 100% of the passenger vehicle fleet? What about weather-related conditions when that technology will not be effective? What about front override? What about side underride?
    7. ATA states: “the Stop Underrides Act would divert a significant amount of both NHTSA and industry resources away from important crash avoidance technologies with wide-ranging benefits in all types of crashes to focus on a narrow type of crash and a specific countermeasure that is unproven in real-world applications.” Response: Please specify exactly which resources will be taken away from crash avoidance technologies. What is now being put toward them? What will be required to be put into underride protection technology?
    8. ATA states:  “Regrettably, the bill is not based on science, data or safety benefit.“ Response: What do they call what the IIHS has done for years if not scientific, data-driven, safety-proven research? Jerry says, “The bill is based upon the NTSB Truck Underride Safety Recommendations to NHTSA in 2014.
      The bill was developed by a team of experts, engineers, manufacturers,  academic both national and international, lawyers, safety advocates and victims. The research by IIHS is scientific data driven and safety benefit research and testing. I recommend a field hearing at IIHS to not only disprove this point but to inform and educate the  House T&I Committee and Senate Commerce Committee on the facts of underride.
      “The courts differ on this as the Dodgen vs PJ Trailers case demonstrated through crash testing that the trailer design was dangerous and added known safety measures would have prevented the fatality in that situation.”
    9. ATA states:a narrow type of crash and a specific countermeasure that is unproven in real-world applications.” Response: Terry Rivet is a good example of a proven countermeasure. 
       We know for certain that Terry Rivet is alive today because Stoughton trailers voluntarily upgraded the rear guard on their trailers. Mr. Rivet had an accident in snowy weather in New York and collided with a new Stoughton trailer with an improved rear underride guard on March 2,  2017. Tractor trailers need to be safer to prevent underride deaths, Gillibrand says  Maybe we should ask him if we should have waited until 2022 to see if the crash avoidance technology works. On January  3, 2018, there was another traffic pile-up in New York during whiteout conditions with dozens of vehicles involved. The only fatality was from a car rear-ending a tractor trailer with an older, weak rear underride guard — resulting in an underride death. 1 dead, 1 critical from Thruway crash involving dozens of vehicles Unfortunately, we cannot ask that driver how he feels about the idea of waiting until crash avoidance technology is available to end truck underride tragedies.

I Survived Because Of Stoughton.

Here are some other relevant trucking industry communications related to Underride Technology Mandates (with a response from Senator Gillibrand & a blogpost from a truck driver advocate):

It is unfortunate that the regulated industry has such power over how they are regulated. Their decisions and actions are apparently informed by a strong inclination to protect the bottomline rather than by the conscience of individuals within that industry. How frustrating that they do not truly take into account the “honest bottomline” for, if they did, they would know that it would be to their ultimate advantage to make full use of every safety technology available to them.

Here is a FAQ document with answers to frequently asked questions about the STOP Underrides! BillFAQ STOP Underrides Bill. I hope that it helps to get us all on the same page and moving more quickly toward effective collaboration to end truck underride tragedies with Win/Win solutions.

After all, this is not about making the truck industry get in line — or else. To quote Rose in The Last JediThat’s how we’re gonna win. Not fighting what we hate, saving what we love.

 

 

 

We The People Must Stand Up To Industry Opposition To Lifesaving Underride Protection Technology

We the People must grab the reins of power to protect vulnerable travelers on our roads. The federal government and the trucking industry are either dragging their feet or deliberately opposing* efforts to get life-saving underride protection technology on all large trucks. It’s up to us to change the course of history.

The STOP Underrides! Bill has already been introduced (on December 12, 2017) by Senator Gillibrand, Senator Rubio, Congressman Cohen, and Congressman DeSaulnier. Now it’s time to let every one of our legislators know that it is not just Lois Durso and Marianne Karth who want this bill passed. The people of this country must speak up and demand that this practical solution be required.

Are you with us?

Watch this compelling video:

Over 57,000 people have signed the STOP Underrides! Petition. We need a strong voice calling for an end to these preventable tragedies. If you have not already done so, please sign this petition: Congress, Act Now To End Deadly Truck Underride!

Spread the word! Share the video and the petition.

Please let us know if you would be willing to put a bumper sticker on your car to raise awareness. If so, email us at stopunderrides@gmail.com.

* Letters from Trucking Industry Associations in Opposition to Underride Technology Mandates (with a response from Senator Gillibrand & a blogpost from a truck driver advocate)

It is unfortunate that the regulated industry has such power over how they are regulated. Their decisions and actions are apparently informed by a strong inclination to protect the bottomline rather than by the conscience of individuals within that industry. How frustrating that they do not truly take into account the “honest bottomline” for, if they did, they would know that it would be to their ultimate advantage to make full use of every safety technology available to them.

Here is a FAQ document with answers to frequently asked questions about the STOP Underrides! BillFAQ STOP Underrides Bill. I hope that it helps to get us all on the same page and moving more quickly toward effective collaboration to end truck underride tragedies with Win/Win solutions.

After all, this is not about getting the truck industry to get in line — or else. To quote Rose in The Last JediThat’s how we’re gonna win. Not fighting what we hate, saving what we love.

Road to Zero Coalition Members Can Sign On Here to the Truck Underride Priority Statement!

@RepCohen, thank you for telling House T&I Committee about importance of the STOP Underrides! Bill.

Congressman Steve Cohen, thank you for your strong message to the House Transportation & Infrastructure Committee about the importance of passing the STOP Underrides! Bill to protect us all from deadly & catastrophic truck underride.

Documents which Representative Cohen discusses:

  • 2002 American Trucking Associations Technology Maintenance Council Task Force predicts underride regulations for single unit trucks by 2005 and for front & side by 2006.  2002 ATA Prediction of Side Guard Regulations
  • 2007 Transportation Research Board study from the University of Michigan describes how front underride protection could save 27-37% lives in these kinds of crashes. It also describes how it is likely that a government mandate will be required because the industry is not motivated to add [underride protection] voluntarily. The Domain of Truck and Bus Safety Research

@SenJohnThune, Join My Underride Hero List & Leave a Legacy: Act to End Preventable Death By Underride

John Thune, Join my Underride Hero Hall of Fame & Leave a Legacy of Life: Act to End Preventable Death By Underride #STOPUnderrides S.2219/HR.4622

There are many people who should be included in this underride hero “hall of fame” but whose photos I do not have.

Any man’s death diminishes me, because I am involved in Mankind. . . John Donne

National Sheriffs’ Association Urges Congress To Enact The “Vital & Pivotal” STOP Underrides! Bill

We were excited to receive a Letter of Support for the STOP Underrides! Bill this week from the National Sheriffs’ Association and their Traffic Safety Committee. It was encouraging to know that they “get it” and are supporting our efforts to end preventable underride tragedies.
The NSA STOP Underrides Letter of Support to Congress closes with these thoughts:

. . . these substandard designs can be retrofitted and adapted with the proper side guards and rear guards that will provide passenger vehicle protection. These pivotal changes are in the hands of Congress to enact solutions that are mandatory for compliant commercial vehicles. The STOP Underrides Act of 2017, in both the House and the Senate, is an important piece of legislation that works to correct this “geometric mismatch” to better protect roadway drivers and traffic safety.

The National Sheriffs’ Association Traffic Safety Committee believes that this bill is vital to the efforts to prevent these crashes from occurring, first and foremost and also to lower roadway deaths, injuries, and property damage. We applaud the efforts of Senators Gillibrand and Rubio, as well as Congressman Cohen and DeSaulnier as they work to combat and improve safety on our nation’s roadways.

This request is deeply personal to all of us and will protect our constituents on our roadways, protect our law enforcement officers and first responders, and lower deaths and injuries.

Thank you for your consideration of our request.

Sincerely,

Sheriff Harold Eavenson, Rockwall County, TX, President, National Sheriffs’ Association

Sheriff John Whetsel (Ret.), Oklahoma County, OK, Chair, Traffic Safety Committe

Lois Durso and I will be back in DC next week to attend the May 16 nomination hearing for NHTSA Administrator nominee Heidi King (currently serving as the NHTSA Deputy Administrator). We welcome opportunities to sit down and share our stories and knowledge of this preventable problem. And we are hopeful that there will be significant action to move this life-preserving legislation forward posthaste.

 

Recent Posts Related to the STOP Underrides! Bill

  1. We are grateful for these Co-Sponsors of the STOP Underrides! Bill. On December 12, 2017, Senator Gillibrand, Senator Rubio, Congressman Cohen, and Congressman DeSaulnier introduced the STOP Underrides! Bill as a bipartisan/bicameral effort to end preventable truck underride tragedies. Since that day, additional legislators have joined with them to co-sponsor this life-saving legislation.Information on the bill — including bill text, co-sponsors, and legislative activity — can be found here. . .
  2. 4,180 Comments by Signers of the STOP Underrides! Petition in answer to the question, ” Why do you think Congress should pass the STOP Underrides! Bill?” Out of the 42, 950 U.S. signatures on the STOP Underrides! Bill Petition, about 4,180 people chose to make a comment in answer to the question, Why do you think Congress should pass the STOP Underrides! Bill? . . 
  3. STOP Underrides! Bill Petition Signers By State How many are enough signatures to make Congress listen? How many underride tragedies are enough to make us — the government, the trucking industry, and We the People — act decisively to end these senseless and preventable deaths?. . .
  4. Answers to Frequently Asked Questions about the STOP Underrides! Bill Here is a FAQ document with answers to frequently asked questions about the STOP Underrides! BillFAQ STOP Underrides Bill.I hope that it helps to get us all on the same page and moving more quickly toward effective collaboration to end truck underride tragedies with Win/Win solutions. . .
  5. Interactive Underride Crash Map Launched This Week We launched an Interactive Underride Crash Story Map earlier this week. We have only just begun to add links for the thousands of underride tragedies which are too well remembered in the decades of neglect of this problem.  Many families may not even have realized that they lost their loved one because of preventable underride.If you have information on an underride crash, or would like to add more details about the people touched by these tragedies, email the crash location (and any photos or memories which you would like us to include) to underridemap@gmail.com. We will be adding them to the map one at a time. Here is the map. . .
  6. STOP Underrides Bill to be Introduced 12/12/17; Petition launched on first day of #UnderrideAwarenessWeek We have launched the Stop Underrides Bill Petition today. Please sign & share. Public support is crucial to ending Death by Underride.  #underrideawarenessweekSign Here: Congress, Act Now To End Deadly Truck Underride!
  7. Sen. Gillibrand questions Chris Spear, CEO of ATA, on truck underride protection. This morning, Senator Gillibrand took the opportunity at a Senate Environment & Public Works Committee Hearing on to ask Chris Spear, CEO of the American Trucking Associations, some questions about truck underride. . .
  8. I am a truck crash survivor & mom (of two who died) on a mission to make truck crashes more survivable!I am the survivor of a terrible truck crash. I am the mom of two daughters who did not survive. The difference? Their part of the car went under the truck; mine did not.In the aftermath, I found out that the rear underride guard could have been made stronger to withstand the crash so that AnnaLeah and Mary might — like me — have been survivors of a terrible truck crash. . .
  9. Discovery of AnnaLeah’s Book Collection Catalogued Online in LibraryThing I can’t tell you how it felt to look online and find my daughter’s book collection all thoroughly catalogued. I knew that she had a LibraryThing account where she had kept track of her extensive set of books. But never until just a few moments ago had I looked it up. . .
  10. Holiday memories of AnnaLeah & Mary; Treasure the old for there will be no new.To be honest, I hate the fact that I spend almost every waking hour figuring out ways to move the needle on comprehensive underride protection. I also hate the fact that AnnaLeah & Mary have no more chances to create new memories while the rest of us go on with our lives — getting older and making new memories without them.I hate the fact that no one effectively took on the underride problem in time to let AnnaLeah & Mary live to see another day after their underride crash on May 4, 2013. And it keeps on happening to other families.  . .
  11. Why Has the Truck Underride Problem Been Left Unchecked for Decades? Truck underride is what frequently happens when a passenger vehicle collides with a large truck. Because the truck was unfortunately defectively designed to be above the level of the crush zone of the smaller vehicle, the passenger vehicle goes under the truck and the crashworthy safety features of the car are not able to work. Or, to put it another way, the truck enters the occupant space of the passenger vehicle — too often resulting in horrific death and debilitating injuries. . .
  12. Spotlight on Introduction of Bipartisan/Bicameral Bill to STOP Underride Tragedies I am very thankful for the media coverage of the Introduction of the Bipartisan/Bicameral STOP Underrides! Act of 2017. The problem of underride has been poorly understood, and I am hopeful that this action on the part of four legislators — Senator Gillibrand, Senator Rubio, Congressman Cohen, and Congressman DeSaulnier — will get the ball rolling toward greater awareness and decisive action. . .