Tag Archives: underride

What’s the intent of Early Warning Reporting & what’s it done to end underride?

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I sent this email out to people at NHTSA and Congressional Offices on Monday morning, June 12:

Last week, I re-read an interesting book by Michael Lemov called Car Safety Wars. One thing that caught my interest was an account of the 2000 TREAD Act in which an Early Warning Report (EWR) system was mandated by Congress.

The thought of NHTSA requiring manufacturers of motor vehicles and motor vehicle equipment to report when fatalities occur involving their products is intriguing. It makes me wonder if Commercial Motor Vehicles are included in this mandate. Does anyone know the answer to this question?
If they aren’t, how can we make sure that they are? What would have to be done to accomplish this? A mandate by Congress? Some kind of an amendment to a rule by DOT? A petition requesting them to do so?

Wouldn’t it help to improve data collection on underride tragedies if manufacturers themselves were required to report to NHTSA when fatalities occurred in collisions involving their commercial motor vehicle products — especially if it specified what was the cause of death (and not simply what caused the crash)? Wouldn’t this give valuable information to manufacturers on the need to re-evaluate the safety and efficacy of their products?

Then I went back online to dig further into this situation. This is what I discovered:

I found that Commercial Motor Vehicles are included in the TREAD Act. Therefore, I would like to know:

  1. How this information is used currently
  2. How we could better use it
  3. What could be done to make it more useful

The Transportation Recall Enhancement, Accountability and Documentation (TREAD) Act was enacted in the fall of 2000. Its intention is to increase consumer safety through mandates assigned to the National Highway Traffic Safety Administration (NHTSA).

Two major components of the TREAD Act are 1) the requirement of manufacturers to report to NHTSA when they conduct a safety recall or other safety-related campaign, and 2) the need to report information related to defects, especially in cases of injury or death related to the use of products (also referred to as “early warning reporting”(EWR)).

There are many definitions, exceptions and interpretations found in the final rule for this regulation. Requirements for manufacturers may differ depending on what type and how much of a product they produce in a calendar year. The following is a breakdown of what may be required of a trailer manufacturer.

All manufacturers must submit quarterly reports with regard to any incident involving a death. So again, no matter the number of products your company makes, if there is a death alleged due to a failure of or during use of the product, it must be reported. 

If you are a manufacturer of 5,000 or more trailers annually, you must also submit quarterly reports with regard to the following categories:
1. Production information
2. Death and injury claims
3. Property damage
4. Consumer complaints
5. Warranty claims
6. Field reports
I then asked NHTSA to generate a report for me and this is what I received:

I will have to check to find out if the report is actually what I was anticipating but, as far as I can tell, this report does not include data on the thousands of truck/car crash fatalities which occur each year (on average about 4,000). Where are rest of those people?

Bottomline: The information is not being collected and reported and responded to in the manner which was the intent of the law (The TREAD Act of 2000). That, in my mind, is a problem. Had the manufacturers and NHTSA done what was required, quite possibly our daughters and thousands of others, who were in truck/car crashes after that bill was passed, would not have suffered DEATH BY UNDERRIDE. This Early Warning Reporting (EWR) system should have been able to solve the underride problem and save them.

They shouldn’t be dead.

“Mistakes happen on the road. The goal is to make sure that those don’t result in serious injury or death.”

Truck Safety, , ,

The most recent underride which I have heard about involved a car driver, in Wisconsin, who ran a stop sign and consequently collided with the side of a tractor-trailer resulting in underride. There is speculation that alcohol might be a factor.

Man transported to hospital by MedFlight after crashing into semitruck, sheriff says

Unfortunately, this is exactly the kind of crash circumstance which undoubtedly has contributed to attitudes which blame the victim and neglect the underlying dangerous geometric mismatch between passenger vehicles and larger commercial motor vehicles. The result is that we have lost the opportunity to save lives by making truck crashes more survivable.

I have described this attitude along with other possible reasons why the underride problem has not been adequately addressed: A DIFFERENT STRATEGY To Achieve Underride Protection

“Mistakes happen on the road. The goal is to make sure that those mistakes don’t result in serious injury or death.” That’s what Eric Flack said he was told by the IIHS in one of the segments of his truck underride series.

Award-Winning Truck Underride Full-Length Documentary Is Impressive, But The Best Is Yet To Come

Truck Safety, , ,

Eric Flack and his team at WUSA 9, over the course of this last year, investigated the truck underride problem and attempts to get it solved once and for all. They even won a prestigious Edward A. Murrow journalism award for their hard work in looking into this complex and multi-layered traffic safety/public health issue.

Now all the separate episodes of their series are put together in this impressive full-length documentary of the underride tragedy:

WUSA 9 continues to cover our efforts to bring about a comprehensive underride protection mandate which will ensure that — one day — all trucks on the road will be much safer to travel around. I look forward to them adding a final episode to their underride story because I know that the best is yet to come.

Thank you, Erin Spaht & Eric Flack!

$ gain motivates engineers to end underride tragedies? Nothing further from truth.

Truck Safety

Two separate comments which I read today implied that some are inferring that the hope of turning a profit is what primarily motivates engineers to develop solutions to end underride tragedies. Nothing is further from the truth.

The fact of the matter is that most of those, who stick out their necks to go against the stream of opposition to implementing underride solutions, are doing so on their own time and out of their own pocket because they have seen the devastation of underride crashes over and over and have decided to try and do something about this travesty!

The truth is that those, who oppose progress in this means of preventing motor vehicle fatalities, might be the ones more likely motivated by financial gain. Just sayin’ . . .

Wrong-headed thinking of industry leaders

Of course, I have to add here that the regulated-industry reaction is only to be expected because they are organizations whose duty it is to protect their bottomline — despite being composed of individuals who, on their own and following their own consciences, might react differently.

So, who should we let determine the fate of vulnerable travelers of our roads?

Four Separate School Bus Underride Crashes in the Last Six Months

Safety Advocacy, ,
I have become aware of four SCHOOL BUS underride crashes since November:
 
 
 
Hmmm, I detect a pattern here.

NHTSA’s Heidi King Responds to Senator Nelson’s Questions For The Record on Truck Underride

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Senator Nelson submitted Questions for the Record to NHTSA Deputy Administrator Heidi King following her nomination hearing by the Senate Commerce Committee for the role of NHTSA Administrator. We received her answers yesterday:

Senator Nelson’s QUESTION: The National Transportation Safety Board has made several recommendations regarding underride guards that have not been completed. Every year, lives are tragically lost in truck crash accidents because trucks don’t have side underride guards that prevent cars from going under the side of a truck. Further improvements to rear underride guards could also prevent cars from going underneath the back of a truck. Several families in Florida have experienced this tragedy because the life-saving technology is not in place.

Do you believe it is time to require trucks to have underride guards so no more precious lives are lost in such tragic accidents?

Heidi King’s RESPONSE: The agency seeks to take an approach to reducing crashes involving passenger cars impacting the side and rear of commercial motor vehicles taking into account all available technologies. I am committed to a data driven approach to reducing these risks, including an examination of all options. This includes an examination of crash avoidance technologies, such as automatic emergency braking (AEB) and forward collision warning, to mitigate the severity of these crashes and to prevent them from occurring. NHTSA’s research indicates that these technologies on light vehicles have the potential of reducing underride frequency and severity.

Improvements to underride guard standards will be evaluated along with the expected changes to the vehicle crash environment.

My Reaction: Crash avoidance technologies might reduce the number of crashes which occur between trucks and cars. But when collisions do occur — because collision avoidance technology cannot prevent every crash — underride will still occur if there is not effective underride protection on the part of the truck where the collision takes place.

If we decide to use an Either/Or strategy and pick Crash Avoidance technologies instead of Underride Protective Devices, should we also stop using Air Bags and Seat Belts because we no longer expect to have crashes occur?

Why would we not use a Both/And approach to protecting the vulnerable motoring public (including pedestrians, cyclists, and motorcyclists, as well as passenger vehicles)?

Senator Nelson’s QUESTION: What is your plan to require improvements to rear underride guards and the addition of side underride guards on commercial motor vehicles? When will DOT implement NTSB’s recommendations? Please provide specific timelines.

Heidi King’s RESPONSE: On December 16, 2015, NHTSA issued a Notice of Proposed Rulemaking (NPRM) for upgrading rear impact guards on trailers and semi-trailers. NHTSA is reviewing these comments and developing next steps.

NHTSA issued an ANPRM for improved rear truck underride guards and conspicuity tape on single unit trucks. NHTSA estimates that rear guards are not cost effective for single unit trucks. NHTSA is considering next steps regarding rear impact guards and retroreflective tape for single unit trucks.

Regarding crash avoidance measures to reduce underride, per an agreement reached with
automakers in 2016, AEB will be offered as a standard feature in virtually all new light vehicles by September 2022.

My Reaction: What does that mean: “developing next steps” and “considering next steps”? NHTSA has already received numerous recommendations in the Public Comments to underride rulemaking. They have not responded to those in a timely fashion, and they are not being transparent about what they plan to do and when.

In addition, we have submitted a petition for them to follow up the December 2015 Rear Upgrade NPRM with a Supplemental Notice of Proposed Rulemaking (SNPRM) which would encompass everything outlined in the STOP Underrides! Bill (as well as the NTSB underride safety recommendations). In other words, a clear path (based on the recommendations of engineers) has been laid out for them. Additionally, the Bill calls for a multidisciplinary Committee On Underride Protection to be established to guide them in the process of moving forward.

Regarding the cost benefit analysis on single unit trucks, they have not revealed the formula for their calculations, which are most certainly based on flawed data and inaccurate assumptions.

Heidi King’s response refers to the AEB on “virtually” all new light vehicles. What about the older portion of the fleet which will not yet have AEB by 2022? What about AEB on trucks? Justin Stolzfus wrote about that concern:

Although an agreement among federal safety regulators, the insurance industry and automakers will put lifesaving automatic braking systems on most light vehicles by 2022, it will be many more years before large trucks and commercial vehicles, responsible for 4,000 deaths annually, get the same technology. Automatic Braking In Trucks Will Lag Cars By Years

Senator Nelson’s QUESTION: Some trailer manufacturers currently have retrofit kits available to strengthen existing trailers to enable them to meet the Institute for Highway Safety’s ToughGuard standard. Given the availability of current technology to address this challenge, what steps can the agency now take to prevent passenger compartment intrusion and underride fatalities?

Heidi King’s RESPONSE: NHTSA continues to monitor the development of this technology and will work with the Federal Motor Carrier Safety Administration (FMCSA) to ensure that truck and fleet operators are aware of safety considerations for trailer repairs. FMCSA operates roadside inspection programs for commercial motor vehicles and underride guards are inspected as part of these programs.

My Reaction: However, underride guards are often not properly maintained and are not currently on Vehicle Inspection Checklists and are not included in the Appendix G in the FMCSA Safety Regulations Pocketbook. It seems to me that, until they are included, underride guards are not likely to be consistently inspected or receive appropriate violations  — including an Out of Service Violation for a weak or non-existent guard, which could lead to a crash becoming deadly.

Sitting around and monitoring the development of technology seems to me to be irresponsible when the agency could take the lead and mandate that the technology — which is already developed — be installed. Any adjustments which would be required could easily be handled by the industry in the time period before implementation is required. This would save lives; people die when colliding with existing trucks not just newly-manufactured ones.

After all, the industry has had plenty of time to prepare. DOT stated in 1969 that they planned on adding underride protection to the sides of large vehicles. And the industry themselves, in 2002, predicted that there would be underride regulations for front, side and single unit trucks by 2006.

There is no excuse for the blatant inaction which is evident all-around.

Senator Nelson’s QUESTION: When will NHTSA release the results of the Texas A&M side underride study, which was completed at the end of 2017?

Heidi King’s RESPONSE: The report has been released and is available here.

My Reaction: In 1969, DOT planned on adding side guards to trucks after technical studies had been completed. Well, they’ve been completed. We’ve been waiting almost 50 years. Will they act now? (Read more of my reaction here.)

Heidi King holds a significant position in NHTSA — an agency charged with ensuring the Safety of the traveling public. I, for one, am not very satisfied with her answers. Did she explain why the agency has waited so long to effectively solve the underride problem — especially when engineering solutions are available? Did she let us know when they would move forward?

It seems clear to me that her answers confirm the fact that, if Congress wants the Department of Transportation to address the underride problem and end preventable underride deaths & injuries, then they will need to pass a law telling them to do so.

Side Underride Crashes Kill 200 People a Year. Will Congress Act?

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

Truck Safety, , ,

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

 

If you can do something to get better underride protection on trucks & you are reading this. . .

Truck Safety, , ,

If you can do something to get better underride protection on trucks and you are reading this, then I hope that you will listen closely.

I was in a terrible truck crash but I didn’t die because my part of the car did not go under the truck. It was my daughters’ part of the car which went under the truck. And I am reminded of that every single day. And it fills me with anguish and silent rage.

Like today, I went to the doctor’s to see if they could take out a piece of glass from the crash which I think is under the skin of my knee. (The same thing happened a year after the crash.) Last Friday, I noticed an odd bump under the skin, which I could move around with my finger. Only now it is hidden again.

If only some glass in their skin was the only problem which AnnaLeah and Mary had from the crash — instead of dying from underride. If only those who could have done something had acted in time to make sure that the truck we collided with was safer — along with hundreds of millions of other trucks which have been put on the road with vulnerable travelers.

Are you one of those people? What can you do to make sure that people don’t continue to die needlessly?

Safety is no accident. It takes somebody to do something to make it happen.

  Let’s make truck crashes more survivable.

Heidi King, NHTSA Nom. Hearing: Ranking Member Bill Nelson Opening Statement

Truck Safety, , , ,

The Senate Commerce Committee held a nomination hearing on May 16, which included Heidi King, nominee for the position of NHTSA Administrator. Senator Nelson (D-FL), Ranking Member, gave some opening remarks, including:

During today’s hearing, I hope Ms. King will provide a detailed plan on how she will demand accountability from those involved in the Takata fiasco and finally implement a real strategy to help drivers get safe airbags in their vehicles as soon as possible.

NHTSA also needs to do more to increase highway safety, including truck safety. 

One way to do this is to have more use of underride guards on trucks so that cars don’t slide underneath during collisions. 

The addition of this safety shield could have helped saved the lives of many, including Lois Durso’s daughter Roya. Lois is here today, along with other tireless advocates.

And I hope Ms. King has some answers for the Durso family on that issue.  They certainly deserve it. 

https://www.commerce.senate.gov/public/index.cfm/hearings?Id=6D165DA3-EA0F-4F1C-B1D1-A039BE79107D&Statement_id=1FB88826-73AA-49B2-8EEB-6756A07A33B7

Heidi King was grilled extensively about NHTSA’s inaction on several auto safety issues. I only wish that she had been asked to address the ongoing underride problem.

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

Truck Safety, ,
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.