OOIDA voices concerns about underride committee

March 26, 2024

Mark Schremmer

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In 2021, Congress required the U.S. Department of Transportation to create a committee aimed at reducing the number of underride crashes and fatalities.

The goal of the Advisory Committee on Underride Protections was to bring experts – safety advocates and industry professionals – together for this cause.

However, the Owner-Operator Independent Drivers Association is voicing concerns that some members of this committee overseen by the National Highway Traffic Safety Administration aren’t committed to working together.

OOIDA wrote a letter to Transportation Secretary Pete Buttigieg on Monday, March 25.

“Unfortunately, we are deeply concerned the committee has lost its commitment to working in a cooperative and collaborative manner, jeopardizing its ability to produce a fair, reputable and concise report in a transparent manner,” OOIDA wrote in the letter signed by President Todd Spencer.

Consensus and quorum

A considerable amount of time at the committee’s recent meetings has been spent on debating the definitions of consensus and quorum.

At the February meeting, the committee argued over the definition of a consensus. The members, who are largely proponents of a side underride guard mandate, argued that a simple majority would suffice as a consensus. In a bit of a head-scratcher, a simple majority then voted to decide that a simple majority meets the definition of a consensus.

Then at the March meeting, committee chairperson Lee Jackson suggested reducing the quorum requirement from 75% to 51% in order to expedite the process and make sure the committee doesn’t miss any meetings.

However, there were concerns that the changes to quorum and consensus were aimed at silencing the members of the underride committee with the minority opinion.

“We seem to be defining new words to meet our situation,” committee member and truck driver Doug Smith said. “A quorum is 75%. It’s not 50%. It’s not a new definition. And a consensus is not a simple majority.”

John Freiler, a committee member representing truck and trailer manufacturers, said that reducing the amount needed for a consensus and a quorum could lead to a small number of members making big decisions for the committee.

OOIDA said the actions have forced it to question the committee’s commitment to fairness and transparency.

“Likely by design, these motions have created a scenario in which a committee deliberately designed to identify recommendations that garner broad agreement may instead advance recommendations that are supported by only a fraction of its members,” OOIDA wrote. “This is wholly unacceptable and a dramatic departure from previous advisory committee work conducted under the oversight of the U.S. Department of Transportation.”

The underride committee’s next meeting is scheduled for April 24. LL