NHTSA’s Changes to Its Collection of Data on Unsecured Loads Will Take Time to Implement

While NHTSA currently collects limited information on crashes involving  unsecured loads, the agency intends to make changes to its data  systems to follow Congress’s direction to distinguish road obstructions  resulting from human error from those involving natural elements. However, as noted previously, these  data categories do not currently distinguish between different types of  roadway debris (i.e., debris resulting from natural/environmental sources  versus debris resulting from human error). As a result, NHTSA cannot  currently identify how many crashes involve vehicles carrying unsecured  loads. In response to the congressional direction to improve its data on  unsecured-load crashes, NHTSA officials stated that they are currently  making changes to the FARS and the NASS GES to collect better  information and better track crashes involving unsecured loads. Two primary factors  affect NHTSA’s ability to collect this information: (1) law enforcement  officials face difficulties in determining whether a crash involved an  unsecured load and (2) states do not collect uniform data on unsecured  loads in their police crash reports. Even with the changes that NHTSA is  making in its data collection processes and procedures, the resulting data  will be imprecise because it relies on state reporting of crashes and data  improvements will take time to implement as acknowledged by NHTSA. NHTSA does not have independent  authority to seek changes in state police reports; however, NHTSA  officials stated that they will likely recommend changes to MMUCC  guidelines. MMUCC released its revised  guidelines in July 2012, and the next update is not expected until 2017. All 50 States and the District of Columbia Have Laws That Pertain to Non- Commercial Unsecured Loads, but Exemptions, Fines, and Penalties Vary

All fifty states and the District of Columbia have statutes regarding  unsecured loads that pertain to non-commercial vehicles. While nine  states reported having no exemptions related to their statute, a majority of  states and the District of Columbia reported exempting vehicles from  unsecured-load statutes most commonly for roadway maintenance or  agriculture activities, but these exemptions are primarily related to  commercial activities. All fifty states and the District of Columbia reported  having fines or penalties for violating unsecured-load statutes ranging  from $10 to $5,000; fifteen of these states add the possibility of  imprisonment. Some States Have Programs for Educating the Public about Unsecured Loads

Ten of the 50 states and the District of Columbia reported they have a  safety or education program that pertains to unsecured loads on non- commercial vehicles. Agency Comments

We provided a draft of this report to NHTSA for review and comment. NHTSA provided technical comments that were incorporated as  appropriate. Appendix I: Objectives, Scope, and Methodology

This report examines (1) efforts the National Highway Traffic Safety  Administration (NHTSA) has undertaken to monitor crashes involving  vehicles carrying unsecured loads and (2) existing state laws,  exemptions, and punitive measures regarding non-commercial vehicles  carrying unsecured loads. NHTSA collects data on  crashes involving non-commercial and commercial crashes. Finally, we analyzed  NHTSA’s crash data from the Fatality Analysis Reporting System (FARS)  and the National Automotive Sampling System General Estimates  System (NASS GES) to identify the number of crashes in 2010 in which a  vehicle struck falling or shifting cargo or an object lying in the roadway. We received completed responses from the 51 survey respondents  for a response rate of 100 percent.
Why GAO Did This Study

Vehicles carrying objects that are not properly secured pose a safety risk on our nation's roadways. Debris that falls from a vehicle can collide with other vehicles or pedestrians, causing serious injuries or fatalities. According to data collected by NHTSA, there were about 440 fatalities caused by roadway debris in 2010. However, the exact number of incidents resulting from vehicles carrying unsecured loads is unknown.
Congress, through the Conference Report for the Consolidated and Further Continuing Appropriations Act, (2012), directed NHTSA to improve its data on unsecured-load incidents and directed GAO to report on state laws and related exemptions, and punitive measures regarding unsecured loads on non-commercial vehicles, such as cars and light trucks used for non-commercial purposes. This report examines NHTSAs data collection efforts as well as states laws related to unsecured loads. GAO reviewed NHTSA documents and interviewed officials from NHTSA, as well as representatives of highway safety associations and state police agencies. GAO also conducted a survey of all 50 states and the District of Columbia, with a response rate of 100 percent, and researched the laws, punitive measures, and education efforts in each state.
GAO provided a draft of this report to NHTSA for review and comment. NHTSA provided technical comments that were incorporated, as appropriate.

What GAO Found

The National Highway Traffic Safety Administration (NHTSA) collects limited information on crashes involving vehicles carrying unsecured loads but plans to make changes to collect better information. Currently, NHTSA collects some data in the Fatality Analysis Reporting System and the National Automotive Sampling System General Estimates System. However, the systems do not currently have a data category to distinguish between debris resulting from natural sources (such as a tree branch) and debris resulting from human error (such as an unsecured load). As a result, NHTSA cannot currently identify how many crashes involve vehicles carrying unsecured loads. NHTSA intends to make changes to both its systems to better identify crashes involving unsecured loads. These changes will go into effect in 2013. However, NHTSA may still face challenges collecting this data because 1) law enforcement officials face difficulties in determining whether a crash involved an unsecured load and 2) states do not collect uniform data on unsecured loads in their police crash reports. NHTSA officials stated that they would likely recommend changes to the Model Minimum Uniform Crash Criteria (MMUCC)voluntary guidelines intended to create uniform data in police crash reports; however, the revised guidelines will not be released until 2017 because of MMUCCs 5-year cycle of updates. NHTSA officials acknowledged that even with the changes in its data systems, data improvements will take time to implement and data on unsecured-load crashes will likely continue to be imprecise.
All 50 states and the District of Columbia have statutes regarding unsecured loads that pertain to non-commercial and commercial vehicles. A majority of states and the District of Columbia reported exempting vehicles from unsecured load statutes for primarily commercial activities such as roadway maintenance or agriculture activities, while 9 states have statutes that apply to all vehicles. All 50 states and the District of Columbia reported having fines or penalties for violating unsecured load statutes ranging from $10 to $5,000; fifteen states add the possibility of imprisonment. Ten states also reported having a safety or education program related to unsecured loads.