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Crash victims allege DOT violations related to underride guard report

Groups urge OIG to investigate whether DOT unlawfully coordinated with ATA

Bell rung outside DOT headquarters on Thursday in memory of crash victims. (Photo: John Gallagher/FreightWaves)

WASHINGTON — Truck safety advocates want the Biden administration to investigate whether regulators violated ethics rules and federal law in conducting cost-benefit assessments of crash protection equipment for truck trailers.

In a letter sent Thursday to U.S. Department of Transportation Inspector General Eric Soskin requesting the investigation, the Truck Safety Coalition, along with a group of truck crash victim advocates and victim family members, alleged potential misconduct by DOT officials in coordinating with the American Trucking Associations “to suppress taxpayer-financed research on improving public safety in underride crashes with large commercial freight trucks.”

The groups cited recent investigative reporting conducted by ProPublica and PBS Frontline. They noted in their letter that in 2019 and 2020, the two news organizations revealed that DOT officials, at the direction of ATA, “censored any mention of the word ‘regulation’ and struck whole sections of a draft government report that assessed technology designed to protect pedestrians, bicyclists, and other vulnerable road users from death and horrific injuries in collisions with commercial freight trucks.”

According to ProPublica, by the time of its release in 2020, the report, published by DOT’s Volpe Center, “had been dramatically rewritten, stripped of its key conclusions — including the need to federally mandate side guards — and cut down by nearly 70 pages.”


The findings raise serious concerns, the truck safety groups warned. “If true, they could constitute misconduct, conflict of interest, unethical conduct, and potentially public corruption,” their letter to Soskin stated.

“At a minimum, they would constitute an abuse of the agency’s mission. In 1999, known as the ‘second founding’ of the DOT, Congress required that the Department pursue ‘safety as the highest priority, recognizing the clear intent, encouragement, and dedication of Congress to the furtherance of the highest degree of safety in motor carrier transportation.’”

A DOT OIG spokesperson told FreightWaves that the office is reviewing the safety groups’ request. ATA did not respond to a request for comment.

The investigation request comes as the National Highway Safety Traffic Administration considers whether to go forward on a formal rulemaking to require side underride guards for truck trailers. An Advance Notice of Proposed Rulemaking (ANPRM) issued by the agency earlier this year found that the costs of such a mandate far exceeded benefits.


“I can’t say with certainty how and to what extent this report influenced (if at all) the underlying analysis that produced the side underride ANPRM,” Truck Safety Coalition Executive Director Zach Cahalan told FreightWaves. “However, [the report] certainly demonstrates DOT’s inappropriate deference to the whims and financial interests of industry lobbyists at the grave expense of the public interest.”

Both ATA and the Owner-Operator Independent Drivers Association oppose side underride guard requirements, citing cost and safety concerns.

“Over the last several years, [NHTSA] has considered numerous options involving side underride guards, but has consistently concluded a federal mandate would be impractical and costly, thus outweighing possible safety benefits,” OOIDA stated in comments to NHTSA’s ANRPM. “Advancing any side underride mandate disregards this reality and ignores the safety, economic, and operational concerns that have been raised by small-business truckers.”

But Cahalan’s coalition and other safety groups, as well as the National Transportation Safety Board and the Insurance Institute for Highway Safety, blasted the ANPRM, asserting that NHTSA was severely underestimating the number of lives that would be saved by a side-guard mandate.

Marianne Karth, who was in Washington this week to memorialize hundreds of underride crash victims — including her two daughters — in front of DOT headquarters, said she wants NHTSA to acknowledge that the analysis used in the ANRPM is fatally flawed.

“We challenged the DOT Office of the Secretary to make it their priority, not to just say NHTSA will take care of it,” Karth told FreightWaves on Thursday, after speaking with a DOT official earlier in the week. “We would like to meet with Secretary Buttigieg directly, because we don’t know how much of this actually gets to his desk.”

For that reason, Karth said, she’s pushing to get an “ombudsman-victim” advocate at DOT “to be a voice for the victims, and to report to the DOT secretary on safety issues that need attention.”

Senator Kirsten Gillibrand, D-N.Y., who has proposed underride guard legislation, said in a statement that “NHTSA needs to go further by creating tougher standards for rear guards and mandating the use of side guards on trucks. I look forward to working with my colleagues to make our roads safer for all users.”


Click for more FreightWaves articles by John Gallagher.

3 Comments

  1. Christopher Montgomery

    Underside guards are currently $1500.00 each side. $3000.00
    Blocking sight on other side of trailer in traffic to notice other cars or trucks.
    7 seconds of direct wind can flip over any truck.
    Most Trucking company’s have no mandatory federal fuel surcharge on most brokered loads.
    Most brokered loads are flat rate, and brokers are setting “Lane rates”

    If your wanted fuel economy, federal government need to set a standard rate per mile
    Adding in surcharge. Forcing brokers to pay a standard minimum, that is a step in the right direction.
    1980, the government pass the transportation act, deregulating the trucking industry. Deregulation means to leave alone, but they have been pasting laws, without compensation the industry as a whole.
    No slavery in transportation industry, is just a plantation.
    Politics, and other interest have profited off trucking industry.
    Political action committee is needed.
    Truckers need serious protection an advocates on all matters.
    Mandatory transportation rate is needed like $3 a mile and surcharge.
    Equally in fair market pricing, because brokers is just another mouth to feed in the chain of logistics.
    18wheeler $150,000 these days
    Trailers are 100,000 also. Van reefer or flat.
    How is the business suppose to succeed with $1.57 being told its supply and demand.
    All the while, groceries, tires, rent and insurance are going up.

  2. Ronald arneil

    Maybe tge money should be spent for driving education. Noy trucking companies have to have cameras in trucks to protect their businesses due to accidents caused by non commercial trucks. I am not saying truck drivers are perfect in any way but I’ve been driving a class 8 truck for almost 30 years. In no way I am saying I’m prefect. But I’ve seen all this change and nobody is coming to therescue for the trucking industry its just dump more regulation on this regulation burdened industry. Small trucking companies do not have the profit margin to update equipment, nevermind do all of this other stuff. Have a nice day everyone and be safe out on the road

  3. CARLOS ♥️🇺🇸

    ♥️ underride guards need to become mandatory and required fitting on ALL existing trailers within a reasonable time frame… Countless lives will be saved by this sensible legislation ..not to mention the side benefit of improved aerodynamics and boosted fuel efficiency ♥️

Comments are closed.

John Gallagher

Based in Washington, D.C., John specializes in regulation and legislation affecting all sectors of freight transportation. He has covered rail, trucking and maritime issues since 1993 for a variety of publications based in the U.S. and the U.K. John began business reporting in 1993 at Broadcasting & Cable Magazine. He graduated from Florida State University majoring in English and business.