OOIDA pens letter to Senate opposing underride guard bill

January 30, 2018

Tyson Fisher

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A bipartisan bill introduced in the Senate in December dubbed Stop Underrides Act of 2017 could add another mandate for truckers: underride guards. In a letter to Sens. Kirsten Gillibrand, D-N.Y., and Marco Rubio, R-Fla., the Owner-Operator Independent Drivers Association is calling for a stop to the Stop Underrides Act.

Senate bill S2219 and mirrored bill in the House, HR4622, were introduced on Dec. 12 as a bipartisan effort to curb deaths caused by vehicles crashing underneath trailers. If passed, rear and side underride guards will be required and considered compliant if they prevent a passenger vehicle traveling 35 mph from going underneath the trailer. For front underride guards, the U.S. Department of Transportation will be tasked to complete research on their ability to prevent trucks from overriding a passenger vehicle.

On Monday, OOIDA sent a letter to Gillibrand and Rubio opposing the Stop Underrides Act. In the letter, OOIDA informed the senators that such a mandate would force truckers to “install costly devices that have no proven record of enhancing safety.”

“In fact, the mandates you’re promoting may actually increase the number of crashes on American highways, while simultaneously worsening their severity,” said Todd Spencer, acting president and CEO of OOIDA. “Your legislation also creates serious economic hardships and operational challenges for small trucking businesses, which comprise 96 percent of U.S. motor carriers.”

According to OOIDA’s letter, the National Highway Traffic Safety Administration has considered similar proposals over the last 50 years. Over the decades, NHTSA has determined that an underride mandate is impractical and costs would outweigh any potential safety benefits.

“Equipment with the strength needed to prevent underride would have little ability to absorb energy in a collision, creating potentially more severe dangers for automobile passengers,” Spencer said. “While most underride crashes do not involve intrusion of the passenger compartment, sudden impact with a high-strength underride guard could fully crush an automobile, causing more severe injuries and/or fatalities.”

In terms of economic costs, underride guards could add another 1,000 pounds to a tractor-trailer, severely reducing capacity. Consequently, more trucks will be needed on the road and/or an increase in weight limits. An increase in the number and weight of trucks on the road will put motorists in more danger than before, not less.

OOIDA also estimates that the cost of compliance will be approximately $1,560 per trailer. Front, side and enhanced rear guards could cost the industry billions of dollars, hitting small business truckers the hardest.

The complaints did not stop there. OOIDA also pointed out that many of its members use spread axle trailers to distribute weight. Side underride guards could restrict the use of such weight distribution, decreasing efficiency and increasing safety risks. Furthermore, side guards could prevent drivers from inspecting underneath the trailer, including brakes.

On Monday, OOIDA also sent out a letter to members urging them to let Gillibrand know about their opposition to the bill. Included in the letter is a talking points document, which can be accessed here. Gillibrand’s office can be reached at 202-224-4451.

Introduced by Gillibrand, Rubio and Sen. Bill Nelson, D-Fla., were the two original co-sponsors. Within a week, the bill acquired three more co-sponsors: Cory Booker, D-N.J., Richard Blumenthal, D-Conn., and Edward Markey, D-Mass. The bill remained untouched until Tuesday, when Sen. Tammy Duckworth, D-Ill., signed on. As of Tuesday, only six senators co-sponsor the bill, including the two original co-sponsors.