​​​​Our deliberations have now concluded.

I thank my fellow Board Members for their preparation and participation in today’s meeting. We discussed topics that underscore the importance of this investigation and implementation of our safety recommendations.

In a truly safe road system, all road users are protected from injury or death — even when crashes occur. This is only possible when every part of the road system is as strong as possible, with each layer of protection backing up the others.

This crash is an incredibly painful reminder that we are far from achieving that ideal…far from having a truly safe road system. 

As we’ve seen today, just because something is legal doesn’t mean it’s safe. I’m referring to the agricultural hours-of-service exemption. 

Driver fatigue is deadly, period. Fatigue doesn’t discriminate, no matter what you’re hauling. Fatigue impacts everyone. 

This crash investigation and previous research make two things clear:

• ​First: Drivers operating under an hours-of-service exemption are at a greater risk of fatigu
• Second: Crash risk increases with work hours. 
  

It’s a deadly combination. 

Commercial drivers who’ve worked more than eight hours are at a crash risk that’s between two- to three-and-a-half-times greater than that of drivers who’ve worked fewer hours, which is why we recommended today that the U.S. Department of Transportation (DOT) initiate the necessary steps to examine the safety of motor carriers operating under the agricultural hours-of-service exemption and, based on that examination, transmit a report to Congress with their findings and recommendations, including any recommendations to improve safety. 

Under current regulations, the Secretary of Transportation has authority to grant exemptions from certain Federal Motor Carrier Safety Regulations, including hours-of-service standards, if the Secretary finds the exemption would likely achieve a level of safety that is equivalent to, or greater than, the level that would be achieved absent such exemption. 

The Secretary also retains the authority to eliminate a carrier’s exemption if, among other things, the exemption results in a lower level of safety than was maintained before the exemption was granted.

In this case, DOT does not have authority to regulate hours-of-service for these agricultural carriers; the exemptions were implemented by Congress. As a result, DOT has no idea what level of safety exists for these carriers. No idea. And the States don’t know. 

DOT doesn’t even know what motor carriers are operating under the exemption in the first place, or what these carriers are doing to manage the risks of fatigue. In this case, we saw a carrier doing nothing. 

So, who is conducting oversight of these carriers in terms of transportation safety? In terms of fatigue? 

The answer is: no one.

I worked in Congress for nearly 15 years. I’ve been in the room when exemptions are debated — exemptions not just from hours of service, but registration, placarding of hazardous materials, and weight exemptions for motor carriers, such as the current request for transporting electric vehicles. 

Once an exemption is granted through a congressional mandate — which could impact safety significantly — someone should monitor the impact of that exemption, the motor carriers’ safety fitness under that exemption, their safety culture, what they’ve done to address fatigue, and make recommendations based on the data collected, including recommendations to improve safety. 

That “someone” is the U.S. Department of Transportation. 

And Arizona Milk Transport (AMT) must take action immediately to improve safety, including its safety culture, which is clearly lacking. 

AMT did have a company policy that limited driver duty hours. It also had a driver monitoring tool — both things we support. However, having a strong safety culture is more than just putting policies on paper. Companies must live those policies, from leadership to the rank-and-file. I certainly hope this investigation served as a wake-up call for AMT and for the entire industry. 

I want to close with how important seatbelts and child-restraint systems are. 

Recall that one of the people injured in this crash was a six-year-old girl. We found that she was wearing a lap/shoulder belt but wasn’t secured in a booster seat, as required by Arizona law; this contributed to her injuries. 

That’s why we’re renewing our call for primary seat belt laws for all vehicle seating positions. There are currently 38 states and the District of Columbia that don’t have these laws on the books; it’s well past time they act on this recommendation, which has lingered since 2015. 

Despite state laws, however, parents are ultimately responsible for safe transport of their children. That’s why we’re also issuing a Safety Alert on Child Passenger Safety today. Parents should: 

• ​Ensure all children are properly restrained for their age, height, and weight. 
• Have child safety seats inspected by a trained technician; visit seatcheck.org to locate a technician near you. 
• Know how to tell when their child is ready to use a lap/shoulder belt by ensuring the belt fits correctly.
  

Now, I’d like to extend the Board’s gratitude to our colleagues in the Office of Highway Safety, the Office of Research and Engineering, and the Office of General Counsel for their work over the course of this investigation and in the development of an excellent report. 

The Board extends its appreciation to our colleagues in the Office of Human Resources, Career Development, and Training, the Office of the Chief Information Officer, and the Digital Services Division for their vital support of this meeting. 

I’d also like to thank the Office of Safety Recommendations and Communications for its diligent work and advocacy to improve safety, which will go well beyond today. When acted upon, the recommendations we’ve issued and reiterated today will save lives. 

The NTSB looks forward to working with the following groups to implement ourrecommendations: 

• ​Arizona Department of Transportation.
• Arizona Milk Transport.
• Commercial Vehicle Safety Alliance.
• International Dairy Food Association.
• International Milk Haulers Association.
• National Conference for Interstate Milk Shipments.
• U.S. Department of Transportation.
• Federal Communications Commission.
• National Highway Traffic Safety Administration.
• Thirty-eight States and the District of Columbia.​​
  

At the same time, NTSB will not stop working to create a safe transportation system where there's no longer a need for our recommendations.

Before I close, I first want to say thank you to our general counsel, Kathy Silbaugh. This is her last board meeting with us and we’re very sad that she's leaving. 

Kathy, you’ve provided us excellent guidance throughout the years at the NTSB. You make sure Board Members are doing what they should do at all times. Personally, I’ll add that you've been a pleasure to work with. We thank you for all your tremendous work, not only here at the agency, but to improve transportation safety in our nation. I’d be happy to yield to Members Graham and Chapman if they would like to add their thanks.

Thank you. With that, we stand adjourned. 

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