NHTSA's SHAME: A Critical Examination of the Omission of FMVSS Standards for Heavy Commercial Trucks
Nicholas Gurney
Truck Crash Trial Lawyer & Adjunct Professor of Law | (413) 648-7639
The Federal Motor Vehicle Safety Standards (FMVSS) are a series of regulations enacted by the National Highway Traffic Safety Administration (NHTSA) to ensure the safety of motor vehicles and their occupants. These standards cover a broad range of safety features, including occupant protection, crashworthiness, and the structural integrity of vehicles. However, a significant gap in these regulations exists: many of these crucial safety standards do not apply to heavy commercial trucks, which are defined as vehicles with a Gross Vehicle Weight Rating (GVWR) of more than 10,000 pounds. This omission has serious implications for road safety and warrants a critical examination.
The Importance of FMVSS Standards
FMVSS standards are designed to reduce the risk of accidents and enhance the survivability of occupants in the event of a crash. For example, FMVSS 208 mandates the installation of airbags and other passive restraints, while FMVSS 214 focuses on side impact protection. These standards have been instrumental in reducing fatalities and injuries in passenger vehicles.
According to NHTSA's own data, the implementation of these standards has saved thousands of lives and prevented countless injuries since their inception. So, why doesnt NHTSA follow its own advice and make heavy trucks safer?
Exemptions for Heavy Commercial Trucks
Heavy commercial trucks are exempt from many FMVSS standards that apply to lighter vehicles. Key standards that do not apply include:
1. FMVSS 201 - Occupant Protection in Interior Impact
2. FMVSS 202 - Head Restraints
3. FMVSS 203 - Impact Protection for the Driver from the Steering Control System
4. FMVSS 204 - Steering Control Rearward Displacement
5. FMVSS 208 - Occupant Crash Protection
6. FMVSS 214 - Side Impact Protection
7. FMVSS 216 - Roof Crush Resistance
8. FMVSS 219 - Windshield Zone Intrusion
These exemptions mean that heavy commercial trucks are not required to have many of the safety features that are mandatory in passenger vehicles and light trucks. This discrepancy raises concerns about the safety of both the truck drivers and other road users.
The Impact of Exemptions on Road Safety
Heavy commercial trucks are involved in a disproportionately high number of fatal crashes. According to the Federal Motor Carrier Safety Administration (FMCSA), large trucks accounted for 9% of all vehicles involved in fatal crashes in 2018, despite representing only 4% of all registered vehicles. The lack of stringent crashworthiness standards for these vehicles is certainly a contributing factor.
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Studies have shown that the absence of FMVSS protections in heavy trucks increases the severity of injuries and fatalities in crashes. For instance, the lack of side impact protection (FMVSS 214) makes truck occupants more vulnerable in T-bone collisions. Similarly, the absence of roof crush resistance (FMVSS 216) exposes drivers to greater risk in rollover accidents.
The Case for Extending FMVSS to Heavy Commercial Trucks
Given the high stakes involved, there is a compelling case for extending FMVSS standards to heavy commercial trucks. Enhanced safety features could significantly reduce the number of fatalities and injuries in truck-related accidents. For example, implementing FMVSS 208 would require the installation of airbags, which could mitigate the impact of frontal collisions. Similarly, adopting FMVSS 214 and FMVSS 216 would enhance side impact and rollover protection, respectively.
Moreover, advancements in technology make it feasible to incorporate these safety features into heavy trucks. Modern engineering solutions, such as reinforced cabins and advanced restraint systems, can be adapted to the unique structural and operational characteristics of heavy trucks. The cost of implementing these changes is a small price to pay for the potential lives saved and injuries prevented.
Conclusion
The exclusion of heavy commercial trucks from many FMVSS standards represents a significant gap in vehicle safety regulations. Given the high incidence of fatal crashes involving these vehicles, it is imperative that policymakers reconsider these exemptions. Extending FMVSS protections to heavy commercial trucks would enhance the safety of truck drivers and other road users, ultimately saving lives and reducing the burden of crash-related injuries on society. The road to safer highways begins with ensuring that all vehicles, regardless of their size, meet stringent safety standards.
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Questions?
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Contact us today at 413-648-7639 to ensure your rights are protected and to get the support you need during this challenging time.
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