Underride guards notice expected to publish soon

An advance notice of proposed rulemaking aimed at determining the effectiveness of side underride guards on tractor-trailers has cleared the White House and will soon be published in the Federal Register.

In January, the National Highway Traffic Safety Administration sent the notice to the White House Office of Management and Budget for review. The White House concluded the review on Feb. 16, and the release of the advance notice of proposed rulemaking is expected soon.

“This rulemaking would consider requirements for side underride guards on trailers and semitrailers to mitigate underride crashes into the side of these vehicles,” the rule’s summary stated. “This rulemaking would respond, in part, to a Sept. 12, 2013, petition for rulemaking from Ms. (Marianne) Karth and the Truck Safety Coalition to start studies and rulemakings on side guards and front override guards on trucks.”

The rulemaking also will respond to a provision in the 2021 infrastructure law that required the U.S. Department of Transportation to complete research on side underride guards to determine their “effectiveness, feasibility, cost and benefits.” The report also will be expected to assess any effects on intermodal equipment, freight mobility and freight capacity associated with installing the guards on new trailers and semitrailers with a gross vehicle weight rating of at least 10,000 pounds.

Starting the rulemaking process will serve as a step toward fulfilling Congress’ requirement. NHTSA also is expected to use the comments to help determine whether or not to move forward with a formal proposal.

GAO report

In 2019, the U.S. Government Accountability Office issued a 46-page report on truck underride guards.

According to the GAO report, less than 1% of the total number of traffic fatalities from 2008 through 2017 involved underride crashes.

The Owner-Operator Independent Drivers Association is opposed to any attempts at a mandate, calling it costly and impractical.

“OOIDA opposes efforts that would mandate the installation of front and side underride guards on all commercial motor vehicles and trailers exceeding 10,000 pounds in gross vehicle weight,” the Association wrote in 2021. “Over the last several years, NHTSA has considered numerous options involving side underride guards but has consistently concluded federal mandates would be impractical and costly, thus outweighing any perceived safety benefits. Any proposals to mandate side underrides disregards this reality and ignores the safety, economic, and operational concerns that have been raised by industry stakeholders.” LL