Tag Archives: underride guards

Public Comments Updated for Underride Guards on Single Unit Trucks

New comments were added yesterday to the Public Comments on the ANPRM for Underride Protection on Single Unit Trucks.

DOCUMENT ID:    NHTSA-2015-0070-0049 (http://www.regulations.gov/#!documentDetail;D=NHTSA-2015-0070-0049)
DOCUMENT TYPE:  PUBLIC SUBMISSIONS
POSTED DATE:    09/28/2015
DOCUMENT TITLE: District Department of Transportation – Comments

DOCUMENT ID:    NHTSA-2015-0070-0050 (http://www.regulations.gov/#!documentDetail;D=NHTSA-2015-0070-0050)
DOCUMENT TYPE:  PUBLIC SUBMISSIONS
POSTED DATE:    09/28/2015
DOCUMENT TITLE: New York City Department of Transportation – Comment

DOCUMENT ID:    NHTSA-2015-0070-0051 (http://www.regulations.gov/#!documentDetail;D=NHTSA-2015-0070-0051)
DOCUMENT TYPE:  PUBLIC SUBMISSIONS
POSTED DATE:    09/28/2015
DOCUMENT TITLE: Anonymous

DOCUMENT ID:    NHTSA-2015-0070-0052 (http://www.regulations.gov/#!documentDetail;D=NHTSA-2015-0070-0052)
DOCUMENT TYPE:  PUBLIC SUBMISSIONS
POSTED DATE:    09/28/2015
DOCUMENT TITLE: Tom Maguire – Comment

DOCUMENT ID:    NHTSA-2015-0070-0053 (http://www.regulations.gov/#!documentDetail;D=NHTSA-2015-0070-0053)
DOCUMENT TYPE:  PUBLIC SUBMISSIONS
POSTED DATE:    09/28/2015
DOCUMENT TITLE: Kit Keller – Comment

DOCUMENT ID:    NHTSA-2015-0070-0054 (http://www.regulations.gov/#!documentDetail;D=NHTSA-2015-0070-0054)
DOCUMENT TYPE:  PUBLIC SUBMISSIONS
POSTED DATE:    09/28/2015
DOCUMENT TITLE: Brendan Kearney – Comment

DOCUMENT ID:    NHTSA-2015-0070-0055 (http://www.regulations.gov/#!documentDetail;D=NHTSA-2015-0070-0055)
DOCUMENT TYPE:  PUBLIC SUBMISSIONS
POSTED DATE:    09/28/2015
DOCUMENT TITLE: Seven Hills Engineering, LLC – Comment

DOCUMENT ID:    NHTSA-2015-0070-0056 (http://www.regulations.gov/#!documentDetail;D=NHTSA-2015-0070-0056)
DOCUMENT TYPE:  PUBLIC SUBMISSIONS
POSTED DATE:    09/28/2015
DOCUMENT TITLE: National Propane Gas Association – Comment

Truck industry, engineers & safety advocates comment on Truck Underride Protection for motorists, pedestrians & cyclists

The Public Comment Period is Closed now for the Advanced Notice of Proposed Rule Making for Underride Protection of Single Unit Trucks. I appreciate those who took the time to comment and I look forward to in-depth dialogue among these people and organizations at our Spring 2016 Underride Roundtable. You can find their published comments here:  http://www.regulations.gov/#!docketDetail;dct=FR+PR+N+O+SR;rpp=10;po=0;D=NHTSA-2015-0070

These include comments from:

With funds which we raise for underride research, we are hoping to cover the costs of the crash test for the innovative combined side & rear guard designed by this engineer, Aaron J. Kiefer MSME, PE . See his Comment:  http://www.regulations.gov/#!documentDetail;D=NHTSA-2015-0070-0013

And we have been in correspondence with these two engineers in Australia who have researched solutions to deadly underride for 30 years.  Transport and Road Safety (TARS) Research Centre . See their Comments:  http://www.regulations.gov/#!documentDetail;D=NHTSA-2015-0070-0021  & my posts on them:  https://annaleahmary.com/2015/09/australian-engineers-champion-the-cause-of-better-truck-underride-  protection/

Contrast their comments to the conclusion of the NTEA: “Based on the published data and expected benefits, there is no justification for requiring rear underride guards on single unit trucks.” Maybe they ought to watch this video from Australia.

Someone in Australia was asked this question: “So last year, 249 people died on our roads. What do you think would be a more acceptable number?”

See what he answered:

IIHS October 2014 Status Report CoverBefore & After Photos

Cover of IIHS Status Report on guards; photos of our car before/after

Support Underride Research to Prevent Unnecessary Deaths & Injuries.

Donate Nowhttps://www.fortrucksafety.com/

Request for Extension of Public Comment Period on Single Unit Truck Rulemaking Process

After hearing that several groups were hoping that they could have more time (beyond the current deadline of September 21) to prepare a Public Comment on the Advanced Notice of Proposed Rule Making (ANPRM) on Underride Protection of Single Unit Trucks, I contacted NHTSA and filed a request to extend the Public Comment period.

The agency replied that they are considering my request. It usually takes at least 10 calendar days for such a process. I hope that this helps with providing useful information but does not lead to unnecessary delay of the needed rulemaking.

Trip North May 2015 035

Photo by me of a Single Unit Truck I saw on the expressway a few months ago.

Note the wimpy rear underride guard.

Donate now & support Underride Research to Prevent Underride and Save Lives:  https://www.fortrucksafety.com/

Innovative combined side & rear guard promises better underride protection

One of our Underride Research funding goals is to cover the costs of crash testing at IIHS ($25,000) of an innovative underride prevention system designed by Aaron Kiefer, a forensic engineer (he does crash reconstructions) here in North Carolina. Jerry and I went to see his prototype a few weeks ago. Very cool. It combines side & rear guard protection.

See his Public Comment on the Advanced Notice of Proposed Rule Making (ANPRM) for underride protection on Single Unit Trucks posted today on the Federal Register:  http://www.regulations.gov/#!documentDetail;D=NHTSA-2015-0070-0013

Underride guard design by Aaron Kiefer 059

Donate here to support crash testing to verify the effectiveness of Aaron’s vital invention: https://www.fortrucksafety.com/

Harvard School of Public Health posts comments in support of improved truck underride protection

Latest post in The Federal Register for Public Comments on the Advanced Notice of Proposed Rule Making for underride protection on Single Unit Trucks (SUTS) includes comments on suggestions for side guards to protect cyclists:

http://www.regulations.gov/#!documentDetail;D=NHTSA-2015-0070-0010

http://www.regulations.gov/#!docketDetail;dct=FR+PR+N+O+SR;rpp=10;po=0;D=NHTSA-2015-0070

“One Family’s Quest to Improve Truck Safety” by Kevin Matthews at Care2 The Petition Site

After the success of the AnnaLeah & Mary for Truck Safety Petition in 2014 on The Petition Site, we went back to Care2 where it was hosted online and gave them an update on our efforts. They decided to write an article on our safety advocacy efforts.

It was published this morning: http://www.care2.com/causes/one-familys-quest-to-improve-truck-safety.html .

I am thankful for the many people who are working together with us to make our roads safer.  We appreciate each one.

Public Comment Period ends September 21 for ANPRM on underride protection for Single Unit Trucks (SUTS)

There have been some comments added to the Public Comments on the Federal Register for the Advanced Notice of Proposed Rule Making on rear underride protection for Single Unit Trucks (SUTS).

You can see the comments here:  http://www.regulations.gov/#!docketDetail;dct=FR+PR+N+O+SR;rpp=10;po=0;D=NHTSA-2015-0070

The Public Comment period is currently scheduled to end on September 21, 2015. We encourage you to add your comment to this process to indicate support for the inclusion of Single Unit Trucks in the requirements for underride protection.

Here are some suggestions on writing comments:  https://annaleahmary.com/2015/08/thoughts-on-making-a-public-comment-on-rulemaking-for-single-unit-truck-underride-protection-ends-september-21/

Also, please consider donating to our underride research effort.

Donate & Spread the Word using our new website for AnnaLeah & Mary for Truck Safety:  https://www.fortrucksafety.com/

Underride Research Meme

Underride Guards: a topic of conversation on TruckingInfo.com

Underride guards have been a topic of conversation over the months (many of them now since our crash) at TruckingInfo.com:

Why Better Underride Guards, and Maybe Other Stuff, Are Worth It
June 3, 2013,  http://www.truckinginfo.com/blog/trailer-talk/story/2013/06/why-better-underride-guards-and-maybe-other-stuff-are-worth-it.aspx

NHTSA to Issue New Rules on Underride Guards
July 11, 2014,  http://www.truckinginfo.com/channel/safety-compliance/news/story/2014/07/nhtsa-to-issue-new-rules-on-underride-guards.aspx

NHTSA to Upgrade Truck Underride and Conspicuity Rules
July 20, 2015,  http://www.truckinginfo.com/channel/fleet-management/news/story/2015/07/nhtsa-initiates-upgrade-of-truck-underride-and-conspicuity-rules.aspx

Crash Argues for Better Impact Guards, and Better Driving
August 14, 2015,
 http://www.truckinginfo.com/blog/trailer-talk/story/2015/08/rear-end-crash-argues-for-better-impact-guards-and-better-control-of-one-s-car.aspx

(Just a note: It doesn’t matter who is at fault in these kinds of crashes of a smaller vehicle into a larger truck; if the underride guards could prevent the smaller vehicle from riding under the truck, the tragedy of death and horrific injury could be avoided.)

Underride Research MemeSupport Underride Research/Donate Now: https://www.fortrucksafety.com/

“Opponents of white collar criminal prosecutions argue that corporate managers should not be charged criminally for regulatory violations”?

“’Opponents of white collar criminal prosecutions argue that corporate managers should not be charged criminally for regulatory violations because health, safety, and environmental rules are too complex to understand and violations of such arcane requirements do not cause real harm,’says Rena Steinzor, author of Why Not Jail? Industrial Catastrophes, Corporate Malfeasance, and Government Inaction.

“’Both arguments are revealed as hypocritical by the criminal prosecutions of three drivers who had fatal accidents as a result of a defect that the manufacturers’ executives covered up. All of these accidents caused fatalities and the drivers were charged with versions of vehicular manslaughter or reckless driving. Only after suffering through great hardship and, in one case, two years in prison, were they exonerated by belated disclosure of corporate malfeasance. The cases are just the latest example of the double standard that prevails between street and white collar crime.’”

– See more at: http://www.corporatecrimereporter.com/news/200/vehicular-homicide-and-manslaughter-convictions-being-reversed-as-drivers-blame-corporations-for-auto-defects/#sthash.fPVqpLAk.dpuf

I wrote about this in a previous post, and I will repeat it here:

https://annaleahmary.com/2015/05/how-a-truck-crash-changed-the-month-of-may-or-what-happens-when-nobody-takes-responsibility/

My grief is complicated by the many things which I have learned about highway safety and the growing awareness that, way too often, nobody really takes responsibility for the countless and potentially-preventable deaths which occur on the roads of our country year after year.

Until that May, I had never heard of an underride crash–too often due to an underride guard that did not prevent a car from riding under a truck and resulting in horrific injuries and deaths. Recently I have read many reports of the problems with defective cars and the fatal crashes which have occurred as a result. Who takes responsibility for these deaths? And when will they come to an end?

For example, here is a report on recent activity with GM recalls:

“. . . the company took its taxpayer-funded bailout agreement and turned it around on millions of consumers unlucky enough to own compact cars with ignition switch defects who had accidents before July 10, 2009, the date when the agreement became effective. Invoking a liability shield negotiated by the Obama administration,GM won a ruling from a bankruptcy judge that is now on appeal, avoiding billions in damages for injuries, deaths, and the lost resale values of vehicles with the defect. The judge took the view that when the ‘old GM’ went bankrupt, the ‘new GM’ got a fresh start, even though all but 15 of the executives and managers involved in the ignition switch fiasco remain ensconced in the company’s iconic skyscraper in Detroit. GM won this counter-intuitive relief even though areport it commissioned from former U.S. Attorney Anton Valukas revealed that senior executives knew about the problem as early as 2005 but dragged their feet on notifying consumers until 2014. ‘Although everyone had responsibility to fix the problem, nobody took responsibility,’ he wrote.”  http://www.huffingtonpost.com/rena-steinzor/gm-and-its-no-good-very-bad_b_7191124.html

Why Not Jail? makes a compelling argument for criminal prosecutions of executives who tolerate noncompliance and endanger public health and the environment.’”  http://www.acslaw.org/acsblog/white-collar-crime-and-justice

gertie 132

Face-to-face with our congressman, George Holding, to discuss truck safety concerns

photo with George Holding

Earlier this month, I met with Congressman George Holding’s Constituent Services Representative, Doug Wegman, in Sharpsburg, North Carolina. I was the only one at the “Town Hall meeting” and was able to share the story of our truck crash and some of our concerns about truck safety. It seemed like a productive meeting.

I had emailed Congressman Holding’s office in June asking for an opportunity to meet with him while he was in recess in North Carolina. That never came about until I emailed my contact again early this week and repeated my request. I was then asked if I could meet with him in Raleigh on Friday, August 21, at 11:00 a.m.

Actually, that worked out very well (couldn’t have planned it better myself) because I was dropping our son off at the airport to go back to college in Texas that morning and then proceeded to the meeting with Holding. Doug Wegman was also there along with Holding’s District Director, Alice McCall.

I shared with Congressman Holding that I had grown up as a Republican and was quite surprised after our crash to find out that, in general, the Republican party line related to truck safety legislation consistently appeared to be pro-trucking industry and anti-safety. I am puzzled why there cannot be bipartisan solutions to these issues.

https://annaleahmary.com/2014/07/truck-safety-needs-bipartisan-support-protecting-its-citizens-is-one-of-the-basic-purposes-of-government/

His response — a typical one — was that Republicans generally oppose government involvement and regulation. The problem I have with that is the reality which I have painfully discovered that “safety is not an accident” — it doesn’t just happen by itself. Without rules and regulations and enforcement and justice and requirements, chaos and injury and death are more likely to occur.

At least I have not seen a better alternative. Have you?

However, thankfully, I came away from the meeting feeling that it was productive — a thought echoed by another son who attended with me. We had the opportunity to raise several truck safety concerns, including driver fatigue (electronic logging devices and hours of service), underride guards, and the minimum liability insurance for truckers.

We concentrated on the minimum insurance issue — which has not been raised — for 30 years and therefore certainly has not kept up with inflation. (Is that any surprise?!) The current level, $750,000, set in in the 1980s — adjusted for inflation — would now be more like $3.2 million for  the medical CPI adjusted level according to p. 11 from this document:  http://www.fmcsa.dot.gov/sites/fmcsa.dot.gov/files/docs/Financial-Responsibility-Requirements-Report-Enclosure-FINAL-April%202014.pdf .

And the statistical value of life is $9.2 millionVSL Guidance-2013-2 DOT value of life

I had a binder put together to leave with Congressman Holding. It had numerous articles about the insurance issue, including what the opposition (the trucking industry) has been saying about premiums skyrocketing if the minimum liability is raised — from $5,000 to $20,000. I showed him what I had found out from a couple of insurance companies which indicates that it would be more likely to go up to maybe $9,000. A bit of a difference.

This kind of potentially inaccurate and misleading information has been publicly disseminated and has influenced many truckers (most vociferously by representatives of OOIDA, Owner-Operator Independent Drivers Association, which by the way happens to sell insurance to truckers,  http://www.ooidatruckinsurance.com/) and legislators. In fact, I showed him the House Roll Call in which he had voted to freeze the funding for FMCSA to study this issue — even though Congress had previously authorized them to do so.

I was gratified that Holding took the time to look over the roll call and examine the 10 Republicans who had supported the need to allow FMCSA to proceed with rulemaking on this issue. He indicated that he intends to make some contacts for us, asked Doug to write down some of the names and the people both in the Senate and House with whom he is willing to connect us so that we can continue to shed light on this concern and ensure that the truth of the matter is uncovered.

I was also appreciative of the District Director’s input. When we discussed our pursuit of underride research to support the improvement of underride guards, Alice McCall mentioned that they could help with some contacts at universities, among other things.

In addition, she asked me how to pronounce AnnaLeah’s name (An-na-Le-ah) and said that it was beautiful. I told her that AnnaLeah loved her name and its uniqueness–although she had planned on publishing any written works under a pen name. I had showed them Mary’s braids and said that I was thankful that the nurse saved them and gave them to us. I had also brought along a shoulder bag which AnnaLeah had knit from a pattern in her head.

It reminded me of the many triggers which daily life brings of the loss we bear; as we drove to Raleigh I had seen a car on the side of the road. There was something sitting on top of the trunk of the car and for some reason that reminded me of our car after the crash — demolished with broken bodies inside. And it took my breath away once more to think of AnnaLeah’s life instantly snatched away. And the joy and creativity that were abruptly cut short.

https://annaleahmary.com/2015/05/my-favorite-memories-of-annaleah-well-some-of-them/

Alice also mentioned that she has several daughters. And, I had noted that Congressman Holding has 3 young daughters and a son himself. It is helpful to know that people understand that this is not just a matter of corporate profit but a life and death matter which could happen to anyone at any time.

Interesting articles, letters, and documents on the minimum insurance topic:

All in all, we felt that we were heard and are hopeful that Congressman Holding is likely to make decisions and take actions in the future to positively affect road safety as a result of the time which we spent with him.

p.s. Just read an Op-Ed (by a former executive of the American Trucking Associations) in today’s New York Timeshttp://www.nytimes.com/2015/08/22/opinion/the-trucks-are-killing-us.html?emc=edit_tnt_20150821&nlid=37926955&tntemail0=y&_r=0

p.p.s. Just scanned this OOIDA brochure–found at a truck stop while we were on a road trip.

OOIDA brochure

 

p.p.p.s. Mary’s braids: 49 Mary's braids 016

p.p.p.p.s. AnnaLeah knitting one of her many creations. AnnaLeah at Lake Michigan 11