Tag Archives: T&I Committee

Advisory Committee on Underride Protection Reports to Congress & DOT Secretary

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On June 28, 2024, the Advisory Committee on Underride Protection (ACUP) completed a scathing critique of the Department of Transportation. In a 410-page report, it documented a long history of agency reluctance to regulate the trucking industry’s safety practices, exposed allegations of misconduct by senior officials, and called for the reversal of recent rulemaking that the committee believed made “no substantial progress” to improving public safety.

In its Biennial Report, commissioned by Congress in the Infrastructure Investment and Jobs Act of 2021, the committee contended that fatalities from underride crashes, in which large commercial trucks cause severe injuries to occupants of passenger vehicles, as well as pedestrians, bicyclists or motorcyclists, are largely preventable. But the committee found that, for over 50 years, the Department has not required manufacturers to install guards under the open sides of trailers, due to pressure from the industry.

The report exposed allegations from a whistleblower of serious misconduct. According to a former project manager at the Department in the agency that enforces rules for the trucking industry, senior Department officials in the Trump administration suppressed taxpayer-funded research into the cost-effectiveness of regulations requiring side guards on trucks. Trucking company lobbyists reportedly were angered by the research findings and pressed the Department to alter them. Officials in the Biden administration commenced a rulemaking process that ignored the key findings of the suppressed research. The report called upon the Biden administration to reverse course and start the rulemaking process over again, this time by counting the benefits it previously ignored. Advocates have asked the Inspector General to investigate.

Many of the ACUP’s critiques and recommendations were adopted over the objections of the trucking industry, which lacked the ability to veto the committee’s actions. They published their dissent in a minority report authored by the CEO of Utility Trailer Manufacturing Corporation, which recently was found negligent for the fiery death of a 16 year-old boy in a side underride crash. Utility’s share of the punitive damages was $18.9 million.

The committee, which was composed of engineers, emergency medical professionals, victims, safety advocates, law enforcement, and the trucking industry, sent its Report via NHTSA to Congress and the Secretary of Transportation on July 2, 2024. 

Below are links to the complete ACUP Biennial Report, the Majority Report, a Minority Report, and Appendices, including the statements of concurrence or dissent from ACUP members:

Other useful information to help you dig deeper into the work of the Advisory Committee on Underride Protection:

How You Can Help

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June 18, 2020, CALL TO ACTION

When a vehicle goes under a big truck, it’s called an underride crash.  This type of crash is extremely dangerous and completely preventable. Installing better guards on big trucks would prevent this type of crash.

There is an Infrastructure Bill being considered by the House Transportation & Infrastucture Committee called the INVEST in America Act which includes underride legislation. We are also waiting for the Senate Commerce Committee to introduce their version of an Infrastructure Bill soon. We are hoping it will include underride legislation.

Become part of the solution by sending an email TODAY to U.S. Legislators in Congress. Tell them that you want them to support Underride Legislation in the Infrastructure Bill.

Members of the U.S. Congress
U.S. Senators – Get contact information for your Senators in the U.S. Senate.
U.S. Representatives – Find the website and contact information for your Representative in the U.S. House of Representatives. Find your Rep by zip here.

You can also tag them on a Tweet. Use these hashtags: #STOPunderrides #UnderrideVictimsMatter.

Thank you for taking action. Share this message with your friends so we can make a significant impact at a crucial time.

Congress, it’s time to act: Industry has proven they will not act voluntarily to protect vulnerable motorists from underride.

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As I read a report of the recent jury decision on the lawsuit against the trailer manufacturer under whose trailer Riley Hein burned to death, I paid close attention to the comments made by the defense attorney. Apparently he did not pay close attention to the testimonies given by expert witnesses whom he had opportunity to cross-examine.

Jeff Croasdell, attorney for the manufacturing company, called Riley Hein’s death a terrible tragedy, but he said the jury had found the trailer involved in the incident was not defective so the company was reaching out to jurors to determine the basis for their decision.

Croasdell speculated the jury might have thought the company should have installed side underride guards on the trailer, but he said no such devices are currently on the market. Family awarded $42M in I-40 crash that killed teen driver

Hold on! His statement is totally not true. The AngelWing side guards have been available from Perry Ponder since 2012. Here is a video of an August 2017 AngelWing installation on an Ohio transport company trailer: Side Guards Save Lives; AngelWing Installation.

Another transport company recently posted about their installation of AngelWing side guards:

Of course, maybe the attorney is referring to the fact that none of the trailer manufacturers have a side guard “on the market” — despite the fact that DOT encouraged them to do so in 1970 (Exhibit 7 – 1970 gov’t req. for industry to develop side underride guards).

The Utility Trailer Manufacturer (UTM) lawyer was also quoted as saying, 

“In terms of a product that works, nobody has come up with something that doesn’t make the trailer more dangerous,” he said.

I’m not sure what he considers more dangerous than leaving motorists vulnerable to riding under trucks and having the truck shatter their heads and torsos — or put them at risk of a fiery death. The article does not give a clue as to his speculation in that regard, although I have previously responded to the industry’s stated concerns about side guards.

Another article, gives us a closer look at the attorney’s perspective:

 . . . two weeks of maddening arguments for and against side underride guards and the gruesome, painful details of how Riley died, screaming for help. . .

So gruesome was Riley’s death that jurors were told they did not have to look at photos of his charred remains.

A phalanx of attorneys for the California-based UTM, led by Jeffrey Croasdell, argued that side underride guards, which are not required by the Federal Motor Carrier Safety Administration and the National Highway Traffic Safety Administration, are ineffective, problematic, cost-prohibitive and unnecessary.

Moreover, he opined, a semitrailer fitted with such guards is even more dangerous than one without.

“You can’t force Utility to put a dangerous item on its trailers,” he said.  Parents hope verdict ‘a catalyst for change’

Unnecessary? Seriously, did he listen to two weeks of testimony and still make these statements to the reporters? What is he talking about? Did he cover his ears when Riley Hein’s terrible death was described? Did he not see the successful AngelWing crash tests? Would he have the trucking industry do nothing to prevent this unimaginable violence to the human body?

So what does this tell us about the trailer manufacturer’s defense team:

  1. Either he was misquoted by the reporters;
  2. Or he was very misinformed;
  3. Or he was not telling the truth — thereby misleading the public with false statements about a matter of life and death.

Well, I get that a defense attorney is paid to defend and that the trailer manufacturers, in 2004, actually signed a Joint Defense Agreement through the Truck Trailer Manufacturers Association (TTMA) to enable them to “counter these activities and defend these lawsuits effectively.” Over the years, I imagine that company engineers have likely faced the frustration of knowing that an engineering solution could be found but having their hands tied from moving forward with any substantial R&D.

I can’t change the past. But I can challenge the leaders of our federal government to take the bull by the horn and pass the STOP Underrides Act — as is — to give the green light to creative engineers and force the trucking industry to put on comprehensive underride protection (front, side, and rear) which will, at long last, protect vulnerable motorists, pedestrians, cyclists, and motorcyclists from horrific underride deaths and injuries.

And if our Congressional leaders do not take this action, what will that say?

 

Underride Legislation Discussed at T&I Hearing on The State of Trucking In America

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At last, truck underride was brought to the table at the June 12, 2019, Transportation & Infrastructure Hearing entitled, Under Pressure: The State of Trucking in America.

Congresswoman Eleanor Holmes Norton, Chair of the Highways & Transit Subcommittee, mentioned underride in her opening remarks (at 6:59 in this video):

Truck safety advocate, Andy Young, also talked about underride in both his written and verbal testimony to the Subcommittee members.

In this video excerpt, Chris Spear (ATA) makes a statement (at 1:09.48) in the hearing about his understanding that side guards have only been tested at 35 mph (not true):

Andy Young corrects that information (at 3:22.15 in the hearing video) and mentions that the AngelWing side guards have been successfully tested at the Second Underride Roundtable on August 29, 2017, at the Insurance Institute for Highway Safety (IIHS) at 40 mph:

The AngelWing side guards have also been successfully tested elsewhere at 47.2 mph:

Congressman Steve Cohen, who led the way in the House when he re-introduced the STOP Underrides Act on March 5, 2019, also spoke about underride:


The truth about truck underride should speak for itself. For too many decades, the facts have been hidden; motorists and vulnerable road users have not been adequately protected from becoming underride victims.

Enough is enough! Congress, the ball is in your court. It’s time to act.


Subcommittee on Highways & Transit Hearing: “Under Pressure: The State of Trucking in America,” 6/12/19

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The Highways & Transit Subcommittee of the House Transportation & Infrastructure Committee will be holding a hearing on Wednesday, June 12, 2019, at 10:00 a.m.

The hearing will be livestreamed and can be viewed at this link: “Under Pressure: The State of Trucking in America”.

I will be attending and am looking forward to observing a lively discussion, including the previously-overlooked topic of truck underride.

Do truck crashes inevitably turn out badly? Or could underride protection change the outcome? Well?

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The House Transportation & Infrastructure Highways & Transit Subcommittee held a hearing this morning entitled, “Every Life Counts: Improving Safety on our Nation’s Roadways.” A question was asked about Commercial Truck Safety. Note the comment made here which reflects the commonly-held belief that it is inevitable that a large truck will win out in any collision with a smaller entity.

Would Congress pass the STOP Underrides Act if they realized that truck crashes could become more survivable with the installation of comprehensive underride protection?

Congress, Act Now To End Deadly Truck Underride!

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

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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

House Transportation & Infrastructure Committee Hearing on Motor Carrier Provisions, 10 a.m. 5/22/18

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The House Transportation & Infrastructure Committee’s Highways & Transit Subcommittee is holding a hearing at 10 a.m. today on FAST Act Implementation: Motor Carrier Provisions.

The hearing will be livestreamed here: https://transportation.house.gov/calendar/eventsingle.aspx?EventID=402444

Summary of Subject Matter

Witness List:

Panel I:

  • The Honorable Ray Martinez, Administrator, Federal Motor Carrier Safety AdministrationPanel II:
  • Mr. Dale Krapf, Chairman, Krapf Transportation
  • Mr. Mike VanMaanen, Owner, Eastern Missouri Commission Company; on behalf of Livestock Marketing Association
  • Captain Christopher Turner, President, Commercial Vehicle Safety Alliance
  • Ms. Jennifer Tierney, Board Member, Citizens for Reliable and Safe Highways; on behalf of Truck Safety Coalition

I hope to hear some discussion of TRUCK UNDERRIDE.

Underride Story in Photos

Underride Roundtable