Truck Safety Concerns Arise with Trump’s NHTSA Nominee

In the realm of transportation safety, the nomination of recent appointees to the National Highway Traffic Safety Administration (NHTSA) has sparked significant concern among industry stakeholders and safety advocates alike. The nomination of a candidate closely aligned with former President Donald Trump's administration raises questions about the regulatory direction the NHTSA may take, particularly in relation to heavy-duty trucks, which are crucial to the nation's freight system.

As the trucking industry faces mounting pressures—from increased demand for goods to evolving environmental regulations—the potential for weakening safety standards poses serious implications. Critics fear that the new nominee's past affiliations and policies could lead to a rollback of essential safety measures designed to protect both drivers and the public. With truck-related accidents remaining a leading cause of fatalities on American roads, the appointment comes at a critical juncture, where the balance between economic interests and safety protocols must be carefully navigated. This article will explore the specific safety concerns that have arisen in light of the nomination, examine the candidate's track record, and evaluate the potential impact on truck safety regulations moving forward.

Cost-benefit data suppressed under Morrison’s watch, crash victim advocates say

During his Senate nomination hearing, Transportation Secretary Sean Duffy pledged to foster a Department of Transportation that prioritizes safety and relies on data-driven insights. However, truck safety advocates express concern regarding the alignment of this vision with President Donald Trump's nominee for the head of one of Duffy's modal agencies. Jonathan Morrison, the proposed administrator for the National Highway Traffic Safety Administration (NHTSA), previously served as chief counsel at the agency during Trump's first term. Reports have surfaced alleging that NHTSA may have suppressed critical crash data during that time.

Advocates argue that findings from a $200,000 study conducted by the Volpe National Transportation Systems Center and funded by the Department of Transportation should have been utilized in an Advance Notice of Proposed Rulemaking. This rulemaking aimed to evaluate the necessity of mandating sideguards on truck trailers to prevent vehicles from sliding underneath and causing injuries or fatalities to occupants. The proposed rule, released in April 2023 under the Biden administration, determined that the economic burden on the trucking sector, estimated to reach $1.2 billion, outweighed the potential life-saving benefits.

Safety advocates contend that if the data from the DOT-funded study—assessing the potential to protect vulnerable road users such as pedestrians, cyclists, and motorcyclists—had been included in the rulemaking, the outcome might have differed significantly. They argue that the DOT had a responsibility to incorporate this federally funded research into its considerations. According to a 2023 investigation by ProPublica, this obligation was undermined by a "cozy relationship" between NHTSA, the Federal Motor Carrier Safety Administration (FMCSA), and the American Trucking Associations (ATA), which allegedly allowed the ATA to influence the Volpe research.

Emails obtained via a Freedom of Information Act request by Marianne Karth, an advocate for crash victims, revealed that Morrison was among the senior officials at NHTSA and FMCSA who were either informed of or invited to discussions regarding the Volpe report in 2019 and 2020, during which the analysis of costs and benefits for vulnerable road users was ultimately removed. “Regardless of personal beliefs regarding the necessity of regulations to prevent underride crashes, it is universally unacceptable to suppress safety research funded by taxpayers,” Karth stated in an interview with FreightWaves.

Karth, who lost her daughters in an underride accident in 2013 and is a member of NHTSA’s Advisory Committee on Underride Protection (ACUP), has established a website advocating for a federal mandate on underride guards. Quon Kwan, a former FMCSA project manager responsible for proposing and sponsoring the Volpe study, expressed in a statement to ACUP that “suppressing this research was both morally and ethically wrong.” He emphasized the affordability of implementing safety measures, stating, “A new semitrailer costs tens of thousands of dollars, but adding a side guard only requires a fraction of that investment to save a life.” In a 410-page biennial report submitted to Congress and the DOT last year, ACUP members cited alleged data suppression by NHTSA and recommended that the agency revise its rulemaking to consider the perspectives of underride crash victims, including pedestrians, cyclists, and motorcyclists. NHTSA has refrained from commenting on the allegations related to the Volpe study or the likelihood of updating the proposed rulemaking to incorporate additional cost-benefit analyses.

NTSB, insurers questioned NHTSA’s analysis

The rulemaking concerning side underride guards, currently suspended by the National Highway Traffic Safety Administration (NHTSA), projected that the implementation of these guards on all trailers in accordance with a new standard could save 17 lives and prevent 69 serious injuries annually. However, according to NHTSA's proposed rulemaking, the estimated costs associated with equipping new trailers and semi-trailers with side underride guards are projected to be “six to eight times” higher than the anticipated safety benefits. A regulation that fails to demonstrate that its benefits exceed its costs faces significant challenges in securing federal approval. The National Transportation Safety Board (NTSB) has also expressed concerns regarding NHTSA’s underreporting of incidents involving vulnerable road users, highlighting additional issues with the proposed regulation.

NTSB Chair Jennifer Homendy noted in comments submitted in 2023 that “NHTSA only calculated potential safety benefits for approximately 20% of fatal crashes where the passenger vehicle was estimated to be traveling at speeds below 40 mph.” She further criticized the analysis for assuming that side underride guards would be ineffective in crashes occurring at speeds above 40 mph. Additionally, the Insurance Institute for Highway Safety (IIHS), an independent nonprofit organization that participated in the advisory committee, estimated in its own comments on the rulemaking that the potential lives saved by mandating side underride guards could be as much as ten times higher than NHTSA's projections.

Trucking interests push back

Due to significant disagreements among ACUP members regarding the evaluation of the necessity for sideguards, the biennial report to Congress and the Department of Transportation (DOT) was divided into two distinct sections: a “majority report” highlighting allegations of data suppression at NHTSA, and a “minority report” from members who contended that such claims should be dismissed. Jeff Bennett, an ACUP member representing trailer manufacturers, commented in the report, “Mr. Kwan seems to be a disgruntled former employee who is frustrated because the published report on lateral protection devices or pedestrian guards differed from the version he contributed to while at FMCSA.” In his correspondence, Mr. Kwan insinuated—without providing any supporting evidence—that individuals at NHTSA might have been improperly swayed to alter the report’s conclusions from when he was involved. The Biennial Report indicates that upon receiving Mr. Kwan’s unsolicited letter, NHTSA “did not permit the ACUP to discuss or consider his statement and referred the issue to the Department’s Office of Inspector General.” In a statement to FreightWaves last June, the agency acknowledged awareness of the claims made by a former FMCSA employee and confirmed that they had submitted the matter for review by the Department's Office of the Inspector General. The objective of the proposed rulemaking concerning side underride guards is to gather all pertinent information rather than to suppress it.

The DOT's inspector general's office, tasked with investigating the allegations, has not yet released a public report on the matter. Lewie Pugh, executive vice president of the Owner-Operator Independent Drivers Association, which is also represented on ACUP, expressed to FreightWaves his concerns regarding potential unintended consequences of a side underride guard mandate, suggesting it could inadvertently compromise highway safety. Pugh stated in an interview, “If the funds required for compliance with such a mandate were redirected toward proper training for truck drivers, fair compensation, and providing adequate parking for restful overnight stays, it would yield substantial benefits for highway safety—a fact well recognized by many.” However, he lamented, “It seems that there is a lack of resolve in Washington to pursue these essential initiatives.”

In Conclusion

The nomination of Trump's candidate for the National Highway Traffic Safety Administration (NHTSA) has raised significant concerns regarding truck safety standards and regulatory oversight. As the trucking industry continues to play a crucial role in the economy, it is imperative that the NHTSA prioritizes safety measures to protect both drivers and the public. Stakeholders must remain vigilant and advocate for robust safety protocols to ensure that any potential shifts in policy do not compromise the well-being of all road users. As discussions around this nomination unfold, a balanced approach that emphasizes safety without stifling innovation will be essential for the future of transportation in the United States.

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