Tag Archives: trucking lobby

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

What if trucking industry campaign contributions went toward safety research & implementation instead?

Yesterday, Ronan Farrow reported that members of of the Senate Commerce, Science, & Transportation Committee received $9,187,124 in campaign contributions in the 2016 cycle from the Transportation Sector.

See it for yourself here:

Ronan asked, “Why does it take so long to move the needle on this, when people are dying every year?” See what former head of NHTSA, Joan Claybrook, had to say about that:

What if trucking industry campaign contributions went toward safety research & implementation instead?

How much closer would we be to Zero Truck Crash Fatalities?

The trucking industry needs to answer the same question which Senator Robert Kennedy posed to GM in 1965. I’d like to ask them,

  • “What was your profit in 2016?”
  • “And how much money did you spend on safety research in 2016?”

I’d really like to know the answers — not just for 2016 but for many years before as well. Because I’m not willing to compromise. There are too many shattered families, broken hearts, and lives ended far too soon.

Sign the Petition: End Deadly Truck Side Underride Crashes: Mandate Side Guards

Then, SHARE it.

Find out how you can DONATE to Underride Research HERE. Make a difference

“Trucks Are Getting More Dangerous And Drivers Are Falling Asleep At The Wheel. Thank Congress.”

If you are at all concerned about the possibility of you, or someone you know, being in a truck crash, READ this Huffington Post (April 16, 2016) article: Trucks Are Getting More Dangerous And Drivers Are Falling Asleep At The Wheel. Thank Congress.

Here is a comment on the article from the Advocates for Auto & Highway Safety:

This is a terrific expose by Huffington Post that appeared in yesterday’s edition about the growing influence of special trucking interests in their continuing efforts to roll back truck safety rules including hours of service (HOS) and bypass the authorizing committees by using the Appropriations Committees. . . We learned on Friday that the Senate Appropriations Subcommittee will likely take up the FY2017 transportation funding bill on Tuesday with full Appropriations Committee mark-up on Thursday. . .   We anticipate that the trucking industry will continue to try to block going back to the Obama Administration hours of service rule with more language and several states are seeking truck size and weight exemptions.

This is a very lengthy article which, for the most part, delves into the problem of truck driver fatigue (and the horrific, often fatal, crashes which all too often occur) and the pressure that the trucking industry continues to put on Congress with the result of making our roads less safe instead of more safe.

Please read and share this very informative article. It needs to be heard.

It only serves to emphasize the importance of our call for President Obama to set a National Vision Zero Goal, establish a White House Vision Zero Task Force, and sign a Vision Zero Executive Order. Are you listening, President Obama?

Do it, President Obama, for We the People of this United States of America! #VisionZero

Here are some of the topics which this tell-it-like-it-is article covers:

There were several other industry requests in that funding bill for 2016, including a measure that aimed to extend the suspension of sleep rules that Collins had won just six months earlier. Her suspension lasted a year and required regulators to look into the effectiveness of requiring two nights of sleep and whether there was any case for the trucking industry’s position. But rather than see that process through, the new provision changed the study mid-stream and called for gathering even more data — including the regulation’s impact on the longevity of drivers. Studying workers’ lifespans, of course, takes entire lifespans. That provision was signed into law with the 2016 spending bill that ultimately passed.

They just basically want to stall this forever,” said Rep. David Price (N.C.), the top Democrat on the appropriations subcommittee that deals with transportation.

Another measure the industry pushed last year aimed to short-circuit federal regulators’ efforts to evaluate raising insurance requirements for trucking companies. Currently, carriers have to maintain the same $750,000 policies they did in the ‘80s. The industry’s argument is that independent operators would not be able to afford higher premiums — and indeed, DND’s margins were so close it shut down when its insurance company raised rates after the Balder crash. The industry argues that 99 percent of truck accidents do not generate such high damages. But $750,000 doesn’t begin to cover the costs a serious semi wreck incurs. For instance, a widower whose wife was killed and children severely injured by a dozing driver in 2010 won $41 million in damages. The family of James McNair, the comedian who died in the Tracy Morgan crash, settled for $10 million in March last year.  A somewhat weakened version of the measure did pass, requiring regulators to evaluate a number of different factors before they adjust the insurance requirements.

Another industry-backed provision aimed to hide the BASIC safety measurements for trucking companies from public view, and bar their use in lawsuits. The lawsuit provision was dropped from the spending bill during negotiations, but the BASIC scores were in fact hidden and removed from the agency’s website. The industry used a Government Accountability Office study that found the safety system could do better in some respects to justify its position, but the two firms involved in the Velasquez crash had exactly the sort of poor safety scores that the BASIC system predicts make them more likely to be involved in accidents.

Despite the fact that these provisions will likely have an impact on the safety of nearly 11 million large trucks registered in America, they were all buried in legislation that Congress had to pass to avoid a government shutdown, with little to no debate about whether they were a good idea.

“The advocates of relaxing the rules or eliminating the rules, they see that and think this is their train to catch. … Not just wait on the normal process, or count on something as pedestrian as actual hearings or discussion, but to make a summary judgement and latch it on to an appropriations bill,” Price said.

There’s something else all the industry-backed measures have in common: They are deeply unpopular.

The article focused on a truck crash in which a tired trucker plowed into the back of a State Trooper’s Crown Vic while he was on the side of a tollway assisting another trucker. Not exactly our circumstance, but made me tense up just reading about it. See our Crown Vic here:

BEFORE:

74 gertie 2314 75 gertie 2315

AFTER:

Driving While FatiguedUnderride kills

Save Lives Not Dollars: Urge DOT to Adopt a Vision Zero Policy

Ralph Nader: “Enough! Stop More Giant Truck-Trailers on Your Highways”

Ralph Nader speaks up about the battle for truck safety, calling for citizens to speak up for safer highways–a matter of life & death.

Read more here & see how you can help:  https://blog.nader.org/2015/07/02/enough-stop-more-giant-truck-trailers-on-your-highways/

Rebekah photo of crash

 

Contact Information for U.S. Senators:  http://www.senate.gov/general/contact_information/senators_cfm.cfm?OrderBy=state

Contact Information for U.S. House of Representatives:  http://www.house.gov/representatives/

See previous posts for Congress contact information:

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