In a disheartening turn of events, the National Highway Traffic Safety Administration (NHTSA) has turned down a petition filed by parents who lost their children in devastating truck crashes. Jerry and Marianne Karth, Eric Hein, and Lois Durso-Hawkins sought an investigation into defective truck equipment, specifically rear impact guards. These are designed to prevent fatalities in underride collisions between passenger vehicles and large trucks. The petitioners argued that the lack of truck rear-guard safety poses serious risks to the public.
Eileen Sullivan, NHTSA's associate administrator for enforcement, issued a notice in response to the petition. The notice stated that the agency believes the issues raised "are best addressed through its recent rulemaking and the ongoing actions" mandated by the 2021 Bipartisan Infrastructure Law. NHTSA reviewed over 200 news articles submitted by the petitioners. That found that 22 truck accidents involving box trailers. Of those, the agency could identify the trailer manufacturer in just nine cases, with no model years determined.
What actions has the NHTSA taken to improve truck rear-guard safety?
In its response, the NHTSA pointed out its recent efforts to enhance truck rear-guard safety. That includes the finalization of new minimum rear-guard safety standards in January 2023, which replaced the original 1996 standards. The compliance date for the updated standards is no later than July 15, 2024.
Additionally, the agency is conducting research on rear impact guard designs that aim to better protect passenger vehicle occupants in various rear underride crash scenarios.
How have safety advocates responded to the NHTSA's efforts to improve truck rear-guard safety?
NHTSA's denial of the petition has left safety advocates and affected families disappointed. Safety advocates await meaningful progress as the Underride Protection Advisory Committee begins its work. They want to see actions that prevent these devastating crashes and save lives on our nation's highways.
Despite NHTSA's efforts, safety advocates say the new standards don't do enough to improve truck rear-guard safety. Joan Claybrook, a former NHTSA administrator, criticized the rule as "regulatory malpractice," noting that 94% of trailers already met the standards. She argued that "NHTSA has lowered the bar on public safety instead of ensuring it."
The committee will focus on developing safety regulations to reduce underride crashes. Additionally, the petitioners pointed out that crash tests demonstrate the availability of more effective rear underride guard technology, which could serve as an easy and inexpensive solution to the known hazards of rear underride collisions.
Marianne Karth expressed frustration with NHTSA's decision. However, she remains hopeful that strong results will justify strengthening the rear rule and proceeding with the investigation.
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