NHTSA’s underride committee holds first meeting

Serving as the only owner-operator on a committee to study underride protections, OOIDA Board Member Doug Smith understands the importance of his role.

“I’d like to go on record as saying that this committee is woefully underrepresented by the people who are in charge of paying for this mandate,” the trucker from Utah said. “There are only two people from the trucking industry here. I’m not blind to the responsibilities we have as a committee or myself, in particular. To be called to represent all owner-operators, it’s a weighty responsibility. I hope I can do it well.”

Smith’s comments came on May 25 during the National Highway Traffic Safety Administration’s first meeting for its Advisory Committee on Underride Protections. The 16-person committee will make recommendations to the secretary of transportation on safety regulations related to underride crashes that have caused severe injury and death.

The committee, which was mandated by the 2021 infrastructure law, comes at a time when NHTSA has released an advance notice of proposed rulemaking that will consider requirements for side underride guards on trailers and semitrailers.

Underride crashes occur when the front end of a vehicle collides with a generally larger vehicle and slides under the chassis of a trailer or semitrailer because the trailer bed is higher than the hood of the passenger vehicle.

NHTSA estimates that there are annually 89 light vehicle occupant fatalities and 409 serious injuries in two-vehicle crashes with tractor-trailers where a light passenger vehicle strikes the side of a tractor-trailer and underrides it.

Current regulations specify requirements for rear impact guards on trailers, but there are no federal requirements for side underride guards.

NHTSA estimates that a side underride mandate on all trailers and semitrailers would save 17.2 lives and reap up to $166 million in safety benefits annually. Meanwhile, the annual cost of the mandate would be up to $1.2 billion.

The resulting cost per equivalent life saved would fall in the range of $73.5 million to $103.7 million.

The analysis did not include any effects of side underride guards on port and loading dock operations and freight capacity. It did not take into consideration modifications to infrastructure, maintenance, and practicability and feasibility of intermodal operations for trailers equipped with side underride guards.

NHTSA’s underride committee includes two members whose role is to represent the families of underride crash victims.

During Smith’s opening comments, he encouraged the committee members to remain objective.

“My own family is not a stranger to the tragedy of a death from an automobile accident,” he said. “My mother-in law was killed in a not-at-fault car wreck. There are a lot of emotions on the surface in this committee. These are decisions that need to be made objectively. I’m here to represent the small-business men who will be the ones who will have to pay for any of these mandates, and I want to bring some light on the cost versus benefits.”

More lives could be saved by educating car drivers about how to operate around heavy vehicles and by enforcing speed limits and current traffic laws, Smith told the rest of the committee.

“With over 75% of automobile and truck accidents being the fault of the automobile driver, that looks like the obvious place to be focusing our energies. Maybe it’s just because of COVID, but it seems like 80 mph seems to be the new 70. Law enforcement has not done their part to bring speeds back down to the speed limit area. Now, we have people weaving in and out of traffic. They’re not in the wreck, but they’re causing the wreck. And we’re focused on giving everyone a safe place to crash into rather than stopping the people who are causing the accidents.”

Smith also informed the committee about issues with trucks getting stuck on railroad crossings.

“There are 162,827 public railroad crossings,” he said. “There are 1,160 low-clearance railroad crossings, according to the Federal Railroad Administration. I’m pretty sure there is no one else on this committee who has experienced the sheer terror of being grounded on a railroad crossing.”

Smith also encouraged the committee to invite someone from the railroad industry to discuss the problems and what issues an underride guard mandate may cause.

As of press time, the public had until June 20 to provide NHTSA information regarding the effectiveness of side guards, unexpected costs and benefits and challenges that would be created by a mandate.

The Owner-Operator Independent Drivers Association, which represents more than 150,000 small-business truckers, has long opposed attempts to mandate side underride guards.

“NHTSA’s latest research once again indicates there is absolutely no reason to mandate side underride guards on commercial trucks,” OOIDA President Todd Spencer said in a statement released following the unveiling of the advance notice of proposed rulemaking. “The rush to mandate every gadget marketed as a safety device over the objections of professional drivers is a major reason crash rates continue to rise. We will not see improvements in highway safety until lawmakers and federal regulators prioritize the expertise of professional drivers above other interest groups. Proponents of side underride guards have never demonstrated how these devices will perform in highway conditions, yet we’re wasting more time reviewing another potential regulatory mandate where the costs outweigh the benefits.” LL