Side Underride Guard Petition Denied by the NHTSA

NHTSA Denies Side Underride Guard Petition (Image: Jessica Hoffman Shakir/Truck Driver News)

NHTSA Denies Petition on Side Underride Guard Safety Issue

Petition Raised Underride Guard Concerns in Box Trailers

The National Highway Traffic Safety Administration (NHTSA) has denied a petition asking the agency to investigate box trailers. The petition, labeled DP24–004, was filed by Eric Hein, Director of the Institute for Safer Trucking. The petition focused on safety concerns, specifically the absence of  a side underride guard.

These safety devices are designed to stop cars, pedestrians, bicyclists, and motorcyclists from sliding underneath trailers during a crash. The petition claimed this missing feature has led to serious injuries and deaths.

Petitioner Cited Widespread Safety Defect

The petition did not name any specific trailer brand or model. Instead, it argued that the lack of side underride guards across the industry is a major safety problem. The Institute for Safer Trucking had filed a similar petition in 2021, which was also denied.

This latest petition said more evidence has surfaced since 2021 showing that these systems can help save lives and reduce injuries. It also criticized NHTSA for not moving forward with a recall. The submission included 45 files related to 49 crash incidents. Many came from the Fatality Analysis Reporting System (FARS). The petitioner said 29 of those crashes involved trailers without side underride guards.

NHTSA Cites Rulemaking on Underride Guard Safety

After reviewing the petition, NHTSA decided the issue is already being addressed. The agency pointed to ongoing efforts related to the Infrastructure Investment and Jobs Act (IIJA), which includes steps to improve underride crash safety.

In 2023, NHTSA released an Advance Notice of Proposed Rulemaking. It asked for public comments on a possible rule requiring underride guards on trailers. A 2022 NHTSA report included in the notice looked at the effects of such a rule on safety, cost, and trailer construction. The agency received more than 2,000 comments and is still reviewing them.

NHTSA also mentioned the Advisory Committee on Underride Protection (ACUP). The group was created under the IIJA and released a report in June 2024 recommending ways to improve underride guard safety in crashes.

Efforts to Track Crash Data

NHTSA said it has already taken steps to improve data related to underride guard crashes. The agency is working with states to add underride-related fields to crash report systems. It also created training materials for law enforcement to help them identify and report underride crashes more accurately.

NHTSA’s Office of Defects Investigation (ODI) looked into its own data. It found no clear trend in injuries or deaths tied to any specific trailer brand or model. Only one related report appeared in the Early Warning Reporting (EWR) system.

ODI also met with Utility Trailer Manufacturing Co. (UTM) and the Auto Haulers Association of America (AHAA). These meetings helped the agency understand how side underride guard systems are tested and what issues they face in real-world use. UTM currently offers an optional side guard on some of its trailers.

What Underride Guard Rules Could Mean for Drivers

Although this petition was denied, underride guard rules could still change in the future. If new safety regulations are passed, trailer manufacturers may have to install side guards on new trailers. This could affect trailer design, weight, and cost.

There is no rule right now that requires older trailers to be updated with a side guard. But insurance companies or shippers may begin favoring trailers with these safety features. Truck drivers and fleet managers may want to stay informed as the industry changes.

Mixed Reactions in the Industry

The trucking industry has mixed views on underride guard use. Safety groups say they can prevent deaths. But some in the industry worry about added trailer weight, less turning clearance, and issues with dock access.

As of now, underride guards are optional. But the topic keeps gaining attention from federal agencies and lawmakers, which could lead to future rulemaking.

Current Rules on the Rear and Side Underride Guard

Federal rules currently require underride guards only on the rear of trailers. These are covered under Federal Motor Vehicle Safety Standards (FMVSS) No. 223 and 224. There is no existing rule that requires side guards.

Final Decision: Petition Denied

NHTSA acknowledged that the safety concerns raised in the petition are important. But it believes that its current rulemaking and research are the best ways to address them. As a result, it will not open a defect investigation into side guards at this time.

The agency added that it could still take action in the future. If more evidence becomes available, NHTSA may reconsider its position or explore new safety rules related to underride guards.