Stop Underrides Act 2.0
- Sponsor
- Sen. Gillibrand, Kirsten E. [D-NY]
- Committees
- Commerce, Science, and Transportation Committee (primary)
- Last action
- Feb 4, 2026
Bottom line
The "Stop Underrides Act 2.0" aims to significantly reduce fatalities and injuries from truck underride crashes by mandating new safety standards for side underride guards, improving data collection, and enhancing research and advisory functions related to underride protection.
What it actually does
This bill mandates the Department of Transportation (DOT) to finalize new motor vehicle safety standards requiring side underride guards on new trailers, semitrailers, and single unit trucks within 18 months, with full compliance within 2 years. It also reconvenes and amends the Advisory Committee on Underride Protection, mandates studies by the National Academies of Sciences, Engineering, and Medicine (NASEM) and the Government Accountability Office (GAO) on underride crashes, and requires the National Highway Traffic Safety Administration (NHTSA) to review crash data and develop training for law enforcement on identifying underride crashes.
Proponents argue
Supporters argue that underride crashes are a preventable public health and safety threat, citing the Advisory Committee on Underride Protection's report on 25,100 underrides and 31,500 fatalities. They emphasize that current regulations are insufficient and that comprehensive underride protection, including side guards, is crucial for saving lives, especially for passenger vehicle occupants and Vulnerable Road Users. The bill is presented as a necessary step to improve roadway safety and honor victims.
Opponents contend
Opponents, likely from the trucking industry, would argue that mandating side underride guards imposes significant costs on manufacturers and operators, potentially impacting the affordability and availability of commercial vehicles. They might contend that existing rear underride guard standards are sufficient or that the proposed performance standards are overly stringent or technically challenging to implement without compromising other aspects of vehicle operation, such as fuel efficiency or cargo capacity.
The bill is relatively concise and clearly structured, making it accessible for an informed reader to understand its core provisions and implications within a reasonable timeframe.
Section 5(a), adding new Section 30130 to Title 49, U.S. Code
Mandatory Side Underride Guard Standards
This provision requires the Secretary of Transportation to finalize regulations within 18 months to mandate side underride guards on new trailers, semitrailers, and single unit trucks. These guards must prevent passenger vehicles from intruding into the occupant survival space at speeds up to 40 mph, impede Vulnerable Road Users from sliding underneath, and contribute to fuel efficiency through aerodynamic design. Full compliance is required 2 years after finalization.
Supporters argue
Supporters argue that side underride guards are critical to preventing catastrophic injuries and fatalities in crashes where passenger vehicles or Vulnerable Road Users strike the side of large trucks, a common and deadly type of collision. They highlight the potential for significant lives saved and injuries avoided.
Critics contend
The trucking industry and some manufacturers may argue that the cost of designing, manufacturing, and installing these guards across all new vehicles would be substantial, potentially passed on to consumers or impacting the economic viability of smaller trucking operations. They might also raise concerns about the added weight, potential for damage, and maintenance requirements of such guards.
Tradeoffs
The primary tension is between enhanced safety benefits (lives saved, injuries prevented) and the economic costs imposed on the trucking industry for vehicle modifications and potentially increased fuel consumption if aerodynamic benefits are not fully realized or offset.
Section 6, amending Section 23011(d) of the Infrastructure Investment and Jobs Act
Enhanced Advisory Committee Role and Membership
This section requires the Secretary of Transportation to reconvene the Advisory Committee on Underride Protection within 180 days. It expands the committee's membership to include families of underride crash victims (both passenger vehicle occupants and Vulnerable Road Users), increases the total members from 20 to 22, and mandates more frequent meetings (monthly virtually until side guard regulations are finalized, then annually in person). It also extends the committee's termination date to September 30, 2031.
Section 7
Public Underride Resource Website
This section requires the Secretary of Transportation to establish and maintain a publicly accessible website. This website will serve as a repository for all underride-related resources, including DOT research on front, rear, and side underride guards, links to the Advisory Committee database, information on rulemakings, victim stories, and data collection documentation. The website must be updated at least quarterly.
Section 8
Independent Studies on Underride Crashes
This section mandates two studies: a NASEM study on the prevalence of front-of-large-truck crashes and the efficacy of front underride guards, with a report due 180 days after completion; and a GAO study on the implementation of NHTSA's 2022 final rule on rear impact guards, with a report due 180 days after completion. Both studies are to provide recommendations for preventing underride crashes and improving safety.
Section 9
Improved Underride Crash Data and Law Enforcement Training
This section requires the NHTSA Administrator to conduct a review of the Fatality Analysis Reporting System (FARS) within 1 year to identify underreported underride crashes and make recommendations for improving incident reporting by State and local law enforcement. Additionally, within 18 months, the Administrator must develop free, on-demand, web-based training for State and local law enforcement on how to properly identify and document underride crashes.
This subsection explicitly states that if the Secretary of Transportation withdraws the advanced notice of proposed rulemaking (ANPRM) for "Side Underride Guards" (88 Fed. Reg. 24535, April 21, 2023) before finalizing regulations under this Act, such withdrawal will not affect the requirement to finalize regulations as mandated by this Act.
Section 5(b)
Why it matters:This is standard legislative practice to preempt potential administrative actions that could undermine the intent of the new law. It ensures the mandate for side underride guard regulations cannot be circumvented by withdrawing prior regulatory efforts.
Case for: Supporters would argue this provision is essential to ensure the bill's core mandate for side underride guards is carried out without delay or administrative obstruction, reflecting a clear congressional intent for action.
Case against: No direct case against this specific clarification, as it merely reinforces the primary mandate. However, those generally opposed to the mandate might see it as an overly prescriptive legislative intervention into agency discretion.
Estimated impact: Ensures the mandatory rulemaking proceeds regardless of prior administrative actions, thereby upholding the safety benefits and costs associated with the main side underride guard mandate.
This section amends Section 30102(a) of Title 49, United States Code, by redesignating existing paragraphs and inserting new definitions for "passenger motor vehicle," "Secretary," "semitrailer," "side underride guard," "single unit truck," "trailer," and "Vulnerable Road User." It also includes technical amendments for punctuation.
Section 4
Why it matters:This is standard legislative practice to ensure consistency and clarity of terms used throughout the U.S. Code and within the new Act.
Case for: Supporters would argue that precise definitions are fundamental for clear legal interpretation and effective implementation of the safety standards and other provisions of the Act.
Case against: No direct case against definitional updates, as they are technical necessities.
Estimated impact: Ensures consistent legal interpretation and application of the Act's provisions, particularly for the new side underride guard mandate and the scope of "Vulnerable Road User" safety.