Response to U.S. Dept. of Transportation’s Irresponsible Rulemaking Changes

Dear care for crash victims community members:
Please see excellent article in the Washington Post on the Trump Administration’s latest attack on the safety of Americans. We know more tragedies will follow.  We don’t know which families will suffer nor the nature and severity of the harm they will suffer.  See article at 

https://www.washingtonpost.com/local/trafficandcommuting/transportation-department-cements-trump-administrations-deregulatory-policies-with-a-rule-on-rules/2019/12/05/b38172c6-1798-11ea-a659-7d69641c6ff7_story.html
And see press release from Advocates forwarded below.
Lou Lombardo

———- Forwarded message ———
From: Pete Daniels<pdaniels@saferoads.org>
Date: Fri, Dec 6, 2019 at 5:14 PM
Subject: FOR IMMEDIATE RELEASE: Response to U.S. Dept. of Transportation’s Irresponsible Rulemaking Changes
To: 
Cc: Pete Daniels <pdaniels@saferoads.org>

CONTACT: Pete Daniels / pdaniels@saferoads.org / 202-408-1711 / 301-442-2249 (C)

FOR IMMEDIATE RELEASE: December 6, 2019

Statement of Cathy Chase,

President of Advocates for Highway and Auto Safety,

On U.S. Department of Transportation Rulemaking Changes

Overdue safety rules will be delayed further, costing lives and threatening the safety of all road users

Thursday, the U.S. Department of Transportation (U.S. DOT) announced it will be codifying changes to the current rulemaking process that will stymie the process for issuing safety rules.  This action is ill-advised, irresponsible and perilous.  This drastic alteration will require the U.S. DOT to identify two regulations to be revoked before it can issue a new rule, regardless of its benefit to public safety.  According to the National Highway Traffic Safety Administration (NHTSA), 36,560 people were killed in motor vehicle crashes in 2018.  While the U.S. DOT is claiming these actions have saved $3.7 billion since the start of the current Administration, crashes impose a cost to society of nearly $1 trillion each year.  Impeding the implementation of commonsense, lifesaving auto safety regulations will only exacerbate this horrific death and economic toll. 

A significant backlog of safety regulations awaits action by NHTSA on essential issues ranging from child passenger safety to motorcoach design improvements.  Approximately a dozen overdue safety rulemakings mandated by Congress in recent surface transportation bills (MAP-21 (Pub. L. 112-141) and FAST Act (Pub. L. 114-94)) could be saving lives if issued today.

Furthermore, NHTSA’s failure to require minimum performance standards for automated vehicles is endangering the motoring public and all road users.  The Agency has instead issued only voluntary guidelines that give auto makers and tech companies wide latitude to push this uncertain technology onto our roadways without adequate safeguards in place.  Recent findings by the National Transportation Safety Board (NTSB) in its investigation of a fatal 2018 crash in Tempe, Arizona involving an autonomous test vehicle underscore the need for strong federal oversight. 

It is particularly confounding that the U.S. DOT claims these changes will improve transparency in the rulemaking process, yet these actions were done behind closed doors without public comment or review.  Saving lives, preventing injuries and reducing the economic costs of traffic crashes through safety standards must remain at the core of U.S. DOT’s mission.  Sadly, this action by U.S. DOT throws safety in reverse.

Advocates for Highway and Auto Safety is an alliance of consumer, medical, public health, and safety groups and insurance companies and agents working together to make America’s roads safer.  Advocates’ mission is the adoption of federal and state laws, policies and programs that prevent motor vehicle crashes, save lives, reduce injuries, and contain costs.

###

— 
____________________
Lou Lombardo
www.CareForCrashVictims.com

End of Daylight Savings Time and Ends of Lives of Pedestrians and Cyclists

Dear Care for Crash Victims Community Members:
The end of Daylight Savings Time is a time for more attention to protect ourselves and others.

The NY Times recently carried an excellent article that began with:“On average, 17 pedestrians and two cyclists were killed each day in traffic crashes in 2018.” https://www.nytimes.com/2019/10/22/us/pedestrian-cyclist-deaths-traffic.html
NHTSA fatality trend data shows it is worsening:
“the proportion of people killed “outside the vehicle” (motorcyclists, pedestrians, pedalcyclists, and other nonoccupants) has increased from a low of 20 per-cent in 1996 to a high of 34 percent in 2018.
https://crashstats.nhtsa.dot.gov/Api/Public/ViewPublication/812826
NHTSA 2017 Annual Report Traffic Safety Facts has counts of 878 Pedestrian fatalities plus 96 Pedalcyclists killed with the related factor “Not Visible (dark clothing, no lighting, etc.).  See pp 132 and 135. https://crashstats.nhtsa.dot.gov/Api/Public/ViewPublication/812806

Note the number injured but not killed each year is about 20 times greater than the number of fatalities.  The 2017 Fatality Rate for Non-occupants was 2.15 per 100,000 population.  The 2017 Injury Rate for Non-occupants was 41 per 100,000 population.  NHTSA estimates about 70,000 pedestrians and 50,000 pedalcyclists were injured in 2017.
See Tables 4 and 12 on pp 24, 40, and 41 at  https://crashstats.nhtsa.dot.gov/Api/Public/ViewPublication/812806

What can we do to protect ourselves and others?
Let there be light.  Lights on bikes, better headlights on cars, and white and reflective clothing clothing help.
“Be Bright Be Safe” has long been seen as good safety advice.  See how white reflective clothing can help.  See https://www.careforcrashvictims.com/home/be-safe-be-bright/
The Car Book, Consumer Reports and the IIHS are identifying vehicle safety features for new cars to protect pedestrians and pedalcyclists. 

Center for Auto Safety’s Car Book has valuable information on the safety of new vehicles that will save you time, money, aggravation and may save your life: https://www.autosafety.org/
Consumer Reports:  Has good advice on cars, bikes, and bike helmets.  
https://www.consumerreports.org/cars/https://www.consumerreports.org/cro/bikes/buying-guide/index.htmhttps://www.consumerreports.org/cro/bike-helmets.htm
IIHS has videos and important crash test information:
https://www.iihs.org/topics/pedestrians-and-bicyclists#overviewhttps://www.youtube.com/watch?v=gSt2fV_J7g0

The end of Daylight Savings Time each year comes just before election day, and deadly holiday travel days.
Bright idea: Imagine if candidates were to use reflective materials on white bumper stickers and white clothing gear to show safety concern for their supporters, save lives, and when in office do more to advance safety for all of us.
How many Americans know that white cars are about 10% safer than other color cars?  Ten percent safer is a bright idea,  I have long worked to get the word out, but more people need to know. Be bright be safe.  See https://www.careforcrashvictims.com/consumersbuyingmorewhitecarsandgreatersafety/
Lou

Will We Still Be Unprotected After Impeachment?

Violations of the Emoluments Clause? The Washington Post columnist Karen Tumulty reports on Speaker Pelosi’s remarks:

Asked whether all of that is sufficient fodder for articles of impeachment against the president, House Speaker Nancy Pelosi (D-Calif.) earlier this week told a group of columnists: ‘There’s no question about that, right? We’ve had enough for a very long time. No, I think we have enough. But as long as there’s corroboration, we might as well get some more.’”

The bigger challenge, she suggested, may be deciding what not to include. One thing that is not likely to make the cut, she said, is Trump’s apparent violation of what he calls the “phony emoluments clause” — which is the Constitution’s very clear ban on government officials’ accepting gifts or payments “from any King, Prince, or foreign State.” 1

Public Sentiment? The Washington Post also posted a column on Speaker Pelosi’s thinking by Lincoln biographer Sidney Blumenthal:

Minority Leader Nancy Pelosi. Image by Gage Skidmore, via Flickr, CC BY-SA 2.0, no changes.
Minority Leader Nancy Pelosi. Image by Gage Skidmore, via Flickr, CC BY-SA 2.0, no changes.

 “Whatever Pelosi’s speculative tactical scenario, her account of Lincoln’s ideas about public opinion is badly mistaken. ‘With public sentiment, nothing can fail,’ Lincoln said. ‘Without it, nothing can succeed.’ Critically, however, Pelosi sees public opinion as something to follow. Lincoln saw it as something to shape.” 2

What Will Public Sentiment Be? If Dems ignore the elephant of Big Invisible Global (BIG) money in the room, will that be seen as protecting Biden and other past, present and future officials?

Public sentiment will be influenced by what is included and not included in the articles of impeachment.

If we don’t follow the money, we will not be able to make sufficient progress on our existential threats.

As I reported in Legal Reader last year, we the people, face existential threats including the Climate Crisis, Inequality, Instability and Injustice. 3

Each of us must do our part to build a progressive public sentiment, before it is too late.

Whistleblowers – Still Unprotected

Trump Threatens Whistleblowers:

Lawyers for a whistleblower who accused Donald Trump of pressuring Ukraine to intervene in the 2020 election warn that the President’s threats pose a grave risk to their client’s safety.” 1

Whistleblowers Unprotected – To This Day

“As President Trump intensified his public campaign Monday against the whistleblower whose anonymous complaint about the commander in chief helped spark an impeachment inquiry, legal analysts warned the person might soon face a grim reality.

Federal laws offer only limited protection for those in the intelligence community who report wrongdoing — even when they follow all the rules for doing so. Trump and his allies, analysts said, might face few, if any consequences, for outing the whistleblower or otherwise upending the person’s career.

“If he wants to destroy this person’s life,” said whistleblower attorney Bradley P. Moss, “there’s not a lot to stop him right now.” 2

Whistleblowers: Protectors of the People

When whistleblowers are unprotected, we all are unprotected and we all suffer. As I reported in Legal Reader last year, we the people, face existential threats including the Climate Crisis, Inequality, and Injustice. 3

Nearly 50 years ago I blew the whistle on the Nixon Administration for weakening automotive air pollution standards. 

Months later I was fired from EPA under its first (and then 5th) Administrator William D. Ruckelshaus and we have all had to breathe more auto caused air pollution for nearly 50 years. 4

Politicians, however, protect themselves very well. 

Reagan appointed Anne Gorsuch Burford to be the 4th EPA Administrator. She continued deregulation and was held in contempt of Congress. But her son is now Trump-appointed Supreme Court Justice Neal Gorsuch. 

Reagan then appointed Ruckelshaus to be the 5th EPA Administrator. 

Later George W. Bush appointed Christine Todd Whitman to head EPA. She was caught lying to the American people about their safety from air pollution from the September 11 attacks.

Today under Trump, EPA heads Scott Pruitt and Andrew R. Wheeler have taken deregulatory steps to lower already inadequate levels of protections of the people 

We the people suffer to this day. See how primarily Republican policies harm us all. 5

Note, I say primarily because President Obama awarded Ruckelshaus the Medal of Freedom after Ruckelshaus endorsed Obama in 2008 and Hillary in 2016 6

Who Will Protect Us Now?

U.S. Senator Elizabeth Warren speaking with attendees at the 2019 California Democratic Party State Convention at the George R. Moscone Convention Center in San Francisco, California. Image by Gage Skidmore, via Flickr, CC BY-SA 2.0, no changes.
U.S. Senator Elizabeth Warren speaking with attendees at the 2019 California Democratic Party State Convention at the George R. Moscone Convention Center in San Francisco, California. Image by Gage Skidmore, via Flickr, CC BY-SA 2.0, no changes.

Since 1777, the need to protect Whistleblowers has been recognized by Congress. 7

Senator Elizabeth Warren has an Anti-Corruption and Public Integrity Act that has many needed provisions, but presently lacks a Whistleblower Protection provision. Will she and other Presidential candidates step forward to protect whistleblowers and all of us now? 

Excellent Detroit Free Press Article on NHTSA Capture

Dear Care for Crash Victims Community Members:

An excellent article on vehicular deaths, injuries, and disabilities and the Revolving Door at NHTSA has just been published.
See https://www.freep.com/story/money/cars/general-motors/2019/07/22/nhtsa-traffic-safety/1687462001/

Hopefully, other publications will recognize the life or death or injury importance of this subject as we enter the 2020 election primary season and stop the historical indifference to the continuing carnage.
See https://www.fairwarning.org/2012/09/a-strange-indifference-to-highway-carnage/


And see https://www.fairwarning.org/2012/09/a-strange-indifference-to-highway-carnage/#comment-26032


Lou Lombardo

Families of truck underride crash victims to hold public crash testing of cars into truck trailers to demonstrate technology

Dear Care for Crash Victims Community Members:
Here is a worthy initiative by crash victims who lost loved ones in underride crashes.   Please go to the public crash tests if you can.  Meet them and support their efforts to prevent future tragedies.

Lou

FOR IMMEDIATE RELEASE: March 22, 2019

CONTACT:    Lois Durso, 239-825-2497, stopunderrides@gmail.com

Marianne Karth, 432-556-1567, marianne@annaleahmary.com

MEDIA ALERT

Truck Underride Crash Tests Coming to DC

2 Moms, who lost daughters due to truck underride, organizing public crash testing of cars into truck trailers – with and without lifesaving underride guards –

to demonstrate need for passage of federal STOP Underrides! legislation

Because No One Needs to Die Like This! 

WHEN:          Tuesday, March 26, 2019 at 10:00 a.m.

WHAT:           

Relatives of truck underride crash victims will hold a public crash testing of cars into tractor-trailers— with and without lifesaving underride prevention technology. The underride crash victims’ families hail from North Carolina, Florida, Texas, Colorado, New York, South Carolina and Louisville KY metro area.

They will be joined by members of Congress and vehicle safety engineering experts. 

Two side impact guard systems will be testedAngelWingand SafetySkirtThe crash tests will provide a rare opportunity to witness firsthand the importance of the bipartisan / bicameral STOP Underrides!legislationS.665 & HR 1511, that was introduced in Congress earlier this month.

WHERE:        Buzzard Point Parking Lot #147, Adjacent to the United Soccer/Audi Field

                       1880 2nd Street, SW, Washington, DC

https://www.google.ca/maps/@38.8710059,-77.0086588,14.53z

WHO:            

Marianne Karth of Raleigh, NC. On May 4, 2013, a truck collided with her family car on I-20 in Georgia, forcing their vehicle to spin around and crash under a truck trailer in front of them. Her daughters AnnaLeah (17) and Mary (13) were in the back seat.  AnnaLeah died instantly and Mary a few days later. Marianne’s husband Jerry and daughter Susanna will accompany her at this crash test demonstration.

Lois Durso of Marco Island, Florida. On Thanksgiving Day November 24, 2004, her daughter Roya and fiancé were involved in a truck underride crash in Michigan City, Indiana causing fatal injuries to her daughter.

Congresswoman Eleanor Holmes Norton (D-DC), Chair of the Highways and Transit Subcommittee, which has jurisdiction over the STOP Underrides!bill.

Underride Q&A Panelists:

·      David Friedman, Vice President for Advocacy at Consumer Reports, former CR Director of Cars and Product Policy and Analysis, former Acting Administrator of National Highway Traffic Safety Administration (NHTSA).

·      Malcolm Deighton, engineer with Hydro, which supplies materials for manufacturing underride protective devices and trailer parts, and which produces comprehensive underride protection technology in Europe.

·      Glen Berry, Safety Director for Thomas Transport Delivery and truck driver with an AngelWing installed underride guard since 2017.

·      Perry Ponder, inventor of AngelWing, engineer with a truck trailer maker.

Other victim families available for interviews:

Christa Hammack lost her daughter, Erin Alexander, in a side underride crash on May 4, 2018, in Texas.  Christa lives in southern Indiana near Louisville, KY.

Katie Strader of Loveland, CO, lost her dad, Rod Cota, an ambulance worker, in a side underride crash on July 6, 2017, in New York(which caught bill sponsor Senator Gillibrand’s attention).

Eric Hein whose son Riley Hein died in a side underride crash in New Mexico.

VIDEO FOOTAGE

Link to YouTube with previous underride crash testing video, photos of crashes and victims, and soundbites of relatives of crash victims, for your free and unrestricted use: https://www.youtube.com/watch?v=UR9nhxGxs64&feature=youtu.be

MORE ON “STOP Underrides!Legislation (S.665 and HR 1511), a bill to reduce the number of preventable deaths and injuries caused by underride crashes.

S.665 was introduced by Sen. Kirsten Gillibrand (NY)and is cosponsored by Senators Marco Rubio (FL), Richard Blumenthal (CT), Ed Markey (MA), Tammy Duckworth (IL), Gary Peters (MI), Dianne Feinstein (CA), Ron Wyden (OR), Tom Udall (NM), and Cory Booker (NJ).  The bill was referred to the Senate Commerce, Science and Transportation Committee.

HR 1511 was introduced by Rep. Steve Cohen (TN)and referred to the House Transportation and Infrastructure Subcommittee on Highways and Transit, chaired by Rep. Eleanor Holmes Norton (DC).

PETITION DRIVE

Americans can help end this many decades-old problem that’s claimed countless lives by signing this petition: Congress, Act Now To End Deadly Truck Underride!

WEBSITES

Karth Family’s truck safety website in memory of daughters AnnaLeah & Mary:

http://annaleahmary.com/

Lois Dorso’s Save Lives-Stop Underrides website in memory of daughter Roya:

TWITTER

@MaryandAnnaLeah

@durso_lois

FACEBOOK

@MaryandAnnaLeah  

DC Truck Underride Crash Tests Support New Safety Legislation

Two Moms, who lost daughters due to truck underride, organized public crash tests of cars into truck trailers – with and without lifesaving underride guards – to demonstrate need for passage of federal STOP Underrides! legislation…

Because No One Needs to Die Like This!

Car trapped under semi-trailer; image courtesy of author.
Car trapped under semi-trailer; image courtesy of author.

Relatives of truck underride crash victims held a public crash testing of cars into tractor-trailers — with and without lifesaving underride prevention technology. The underride crash victims’ families hail from North Carolina, Florida, Texas, Colorado, New York, South Carolina and Louisville KY metro area.

They were joined by members of Congress and vehicle safety engineering experts. 

Two side impact guard systems were tested: AngelWing and SafetySkirt. The crash tests provided a rare opportunity to witness firsthand the importance of the bipartisan/bicameral STOP Underrides! legislation, S.665 & HR 1511, that was introduced in Congress earlier this month.

In attendance were:

Marianne Karthof Raleigh, NC. On May 4, 2013, a truck collided with her family car on I-20 in Georgia, forcing their vehicle to spin around and crash under a truck trailer in front of them. Her daughters AnnaLeah (17) and Mary (13) were in the back seat.  AnnaLeah died instantly and Mary a few days later. Marianne’s husband Jerry and daughter Susanna accompanied her at this crash test demonstration.

Lois Durso of Marco Island, Florida. On Thanksgiving Day November 24, 2004, her daughter Roya and fiancé were involved in a truck underride crash in Michigan City, Indiana causing fatal injuries to her daughter.

Congresswoman Eleanor Holmes Norton (D-DC), Chair of the Highways and Transit Subcommittee, which has jurisdiction over the STOP Underrides! bill.

Underride Q&A Panelists:

  • David Friedman, Vice President for Advocacy at Consumer Reports, former CR Director of Cars and Product Policy and Analysis, former Acting Administrator of the National Highway Traffic Safety Administration (NHTSA).
  • Malcolm Deighton, engineer with Hydro, which supplies materials for manufacturing underride protective devices and trailer parts, and which produces comprehensive underride protection technology in Europe.
  • Glen Berry, Safety Director for Thomas Transport Delivery and truck driver with an AngelWing installed underride guard since 2017.
  • Perry Ponder, inventor of AngelWing, engineer with a truck trailer maker.

Other victim families were available for interviews:

Christa Hammack lost her daughter, Erin Alexander, in a side underride crash on May 4, 2018, in Texas. Christa lives in southern Indiana near Louisville, KY.

Katie Strader of Loveland, CO, lost her dad, Rod Cota, an ambulance worker, in a side underride crash on July 6, 2017, in New York (which caught bill sponsor Senator Gillibrand’s attention).

Eric Hein whose son, Riley Hein, died in a side underride crash in New Mexico.

Also available is a link to YouTube with previous underride crash testing video, photos of crashes and victims, and soundbites of relatives of crash victims, for your free and unrestricted use:

SAVE LIVES – STOP UNDERRIDES video, courtesy of Cool Breeze Studios.

More information on “STOP Underrides! Legislation (S.665 and HR 1511), a bill to reduce the number of preventable deaths and injuries caused by underride crashes:

S.665 was introduced by Sen. Kirsten Gillibrand (NY) and is cosponsored by Senators Marco Rubio (FL), Richard Blumenthal (CT), Ed Markey (MA), Tammy Duckworth (IL), Gary Peters (MI), Dianne Feinstein (CA), Ron Wyden (OR), Tom Udall (NM), and Cory Booker (NJ). The bill was referred to the Senate Commerce, Science and Transportation Committee.

HR 1511 was introduced by Rep. Steve Cohen (TN) and referred to the House Transportation and Infrastructure Subcommittee on Highways and Transit, chaired by Rep. Eleanor Holmes Norton (DC).

PETITION DRIVE

Americans can help end this many decades-old problem that’s claimed countless lives by signing this petition: Congress, Act Now To End Deadly Truck Underride!

WEBSITES

Karth Family’s truck safety website in memory of daughters AnnaLeah & Mary: http://annaleahmary.com/

Lois Dorso’s Save Lives-Stop Underrides website in memory of daughter Roya: https://stopunderrides.org/

TWITTER

@MaryandAnnaLeah

@durso_lois

FACEBOOK

@MaryandAnnaLeah  

A media representative from WUSA9 said they were on-site with Marianne and Lois for the crash tests. Here is the WUSA9’s Facebook page.