The Unchecked Rise of Trucks and SUVs in America

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Over the past two decades, SUVs and light trucks have become the dominant choice among American consumers in the vehicle market. Classified as “light trucks” under standards set by the National Highway Traffic Safety Administration (NHTSA), these vehicles have been heavily marketed for their safety and utility, contributing to their overwhelming presence as the majority of new vehicle sales each year. However, as the number of light trucks on the road has increased, recent statistics reveal a rise in pedestrian fatalities, higher pollution levels, and greater urban congestion. The issue is not merely their popularity, but the uneven regulatory landscape that incentivizes manufacturers to prioritize these vehicles over more efficient and safer alternatives. Effective lobbying by auto manufacturers has entrenched these regulatory advantages, making it politically challenging to implement changes that would promote road safety and facilitate a transition to electric vehicles. Reforming regulations is essential to ensure that light trucks are held to the same standards as other passenger vehicles, closing loopholes that distort market incentives and addressing the broader consequences for public safety and the environment.

What is a “Light Truck?”

A “light-duty truck” is a vehicle classification that refers to vehicles with a gross vehicle weight rating (GVWR) of up to 8,500 pounds and a payload capacity of up to 4,000 pounds. This category encompasses a range of vehicles used for both personal and commercial purposes, including pickup trucks, sport utility vehicles (SUVs), vans, and crossover vehicles (CUVs).

This classification originates from the 1964 “Chicken Tax,” which imposed a 25% tariff on potato starch, dextrin, brandy, and light trucks imported from Europe as a retaliatory measure against European tariffs on American chicken imports. Today, only the light truck component of the Chicken Tax remains, upheld by continued lobbying efforts from the auto industry to maintain the 25% protectionist tariff. While initially intended to target European manufacturers, the tariff is now primarily imposed on trucks imported from Asia. Some economists argue that the Chicken Tax has perpetuated bad-habits within the American auto industry, diverting production focus from high-quality passenger vehicles to light truck models and enabling these vehicles to dominate the American market.

A History of Fuel Efficiency & Tax Regulation Loopholes

During the oil crisis of the 1970s, Congress enacted the Corporate Average Fuel Economy (CAFE) Standards with the goal of reducing energy consumption by increasing the fuel efficiency of cars and light trucks. These regulations require automakers to meet specific fuel economy targets for their fleets, with fines imposed for non-compliance. However, the American auto industry lobbied for more lenient fuel economy standards for light trucks compared to passenger cars, arguing that these vehicles were primarily used for utilitarian purposes such as work and hauling.

Further compounding the incentives for larger vehicles is Section 280F provision of the tax code, limiting the amount of depreciation that can be claimed on passenger vehicles for tax purposes. However, vehicles weighing over 6,000 pounds—such as many “luxury SUVs” and larger trucks—are exempt from these depreciation limits, allowing businesses to claim substantial tax deductions. This exemption has turned heavy vehicles into a tax-advantaged purchase, further driving demand for larger, less efficient vehicles.

Instead of fostering a market focused on fuel efficiency and smaller vehicles, these regulatory and tax loopholes created strong economic incentives for automakers to expand the market appeal of light trucks. Automakers promoted light trucks as safer, more practical, and desirable vehicles for everyday use, shifting their image from niche work vehicles to mainstream family and personal cars. The sedans and station wagons that once formed the backbone of many American households’ car choices in the 1980s were gradually pushed out. Today, 80% of new vehicles sold in America are light trucks, a trend fueled in large part by the continued leniency of CAFE standards and tax provisions that favor these larger vehicles.

Safety Regulation Loopholes For Light Trucks

Ironically, despite being marketed for their safety, light trucks and SUVs are also subject to a different class of safety regulations that allow them to bypass many of the safety standards that apply to passenger cars, creating a range of safety issues for both drivers and pedestrians.

Under the Federal Motor Vehicle Safety Standards (FMVSS), passenger cars must adhere to stringent safety regulations that set specific requirements for bumper height, impact resistance, and crashworthiness. These “crash compatibility” requirements are designed to ensure that vehicles of different sizes and types interact as safely as possible during collisions. However, due to their classification, light trucks are subject to less stringent safety standards regarding their structure and crash compatibility, posing unique hazards to both pedestrians and occupants of smaller vehicles.

For standard passenger vehicles, the FMVSS requires bumpers to withstand impacts at a height of 16 to 20 inches from the ground. This alignment optimizes the use of crumple zones, reducing damage and enhancing occupant safety in low-speed crashes. In contrast, light trucks and SUVs are allowed to have higher bumpers and stiffer frames to accommodate their larger bodies and off-road capabilities. The higher bumper placement often misaligns with passenger cars’ crumple zones, and when combined with stiffer frames, it leads to more severe damage in collisions with smaller vehicles.

Moreover, while light trucks and SUVs are often marketed as being safer for their occupants, they also have different risks. The higher center of gravity in light trucks makes them more prone to rollover accidents, which tend to cause more severe injuries and fatalities than other types of crashes. Research has shown that SUV occupants are twice as likely to die in rollover accidents compared to regular passenger car occupants. Despite these risks, regulations surrounding rollover prevention and roof strength for light trucks have historically been less stringent than those for passenger cars.

These Gaps in Regulations Also Prove Fatal to Pedestrians

In 2023, pedestrian deaths reached their highest level in over 40 years. Since 2009, pedestrian fatalities have increased by 80%, and researchers believe that the growing prevalence of larger vehicles on the road is a significant factor contributing to this alarming trend.

Light trucks and SUVs have higher bumpers and flatter hoods that strike pedestrians at chest or head level, leading to more severe and often fatal outcomes. The higher ground clearance of these vehicles means that pedestrians are at greater risk of being launched forward on impact, where they also may sustain head injuries from hitting the pavement. Studies show that pedestrians struck by light trucks and SUVs are 45% more likely to die compared to those hit by smaller passenger vehicles.

Visibility issues associated with light trucks and SUVs also contribute to the increased risk. One of the reasons consumers are drawn to these vehicles is their elevated seating position, which provides a clearer view down the road ahead. However, while this feature may allow drivers to see above the cars in front of them, it reduces their ability to see what is directly in front of the vehicle. This limited direct visibility can be particularly dangerous in situations involving small children or objects close to the vehicle. Each week, approximately 50 children are injured in “back-over” accidents, with an average of 2 fatalities. One study found that over a 10-year period, more than 500 American children have been killed in driveway incidents involving SUVs, with many of these tragedies involving parents accidentally running over their own children.

The Environmental Consequences of Light Trucks

The widespread adoption of light trucks has had significant environmental repercussions. The increased fuel consumption of these vehicles compared to standard passenger cars has made it more difficult for the U.S. to meet its climate goals and reduce overall carbon emissions. In 2021, the International Energy Agency (IEA) reported that SUVs were the second-largest contributor to the rise in global emissions from 2010 to 2018. The report also found that if SUVs were considered an individual country, they would rank sixth in the world for absolute emissions in 2021, producing over 900 million tons of CO2.

Traffic and Urban Congestion

The sheer size of trucks and SUVs also takes a toll on urban traffic patterns and parking infrastructure. These vehicles occupy more road space, slowing traffic flow and increasing congestion, particularly in densely populated areas where roads and parking spaces were designed for smaller vehicles. In cities, the impact on parking capacity is notable, with large vehicles consuming more than their fair share of limited space, often at the expense of smaller vehicles.

Reforming Vehicle Classification to Restore Balanced Market

The NHTSA should revise the classification criteria for light trucks to address the loopholes that currently exist. Currently, a third of pick-up owners rarely or never use their trucks for hauling, and two-thirds rarely or never use it for towing. Instead, they’re largely using them for shopping, errands, and their work commutes. By ensuring that all vehicles designed primarily for personal use are held to consistent safety and environmental standards, manufacturers would be less incentivized to market larger vehicles with lenient tax and fuel efficiency regulatory advantages. Closing these loopholes will help balance the currently lopsided market incentives and the popularity of this class of vehicles will likely decrease.

Applying the Same Safety Standards to Light-Trucks & SUVs

Improving safety standards for light trucks and SUVs is likely the most effective way to address immediate safety concerns, particularly regarding pedestrian injuries and fatalities. To achieve this, light trucks should be held to the same rigorous safety standards as passenger cars, ensuring consistent protection for all road users. Key changes would include adjusting bumper height and crash compatibility regulations to align with those of passenger vehicles, thereby reducing the damage disparity in collisions. Additionally, lowering ground clearance and adopting more angled hood designs could decrease the risk of fatal pedestrian collisions. Enhancing these design features would not only improve the safety profile of light trucks and SUVs but also increase driver visibility by lowering the vehicle’s overall height.

Additionally, given that all vehicles share the same roads, the NHTSA should be mandated to test light trucks against vehicles of different weight classes, rather than exclusively within their own class. This approach would ensure that light trucks meet adequate crash compatibility standards and promote safer interactions between various types of vehicle sizes. Implementing score penalties for significant damage caused to other vehicle classes would incentivize manufacturers to design safer vehicles that reduce harm to all road users.

There has been some recent progress on this front: the NHTSA has proposed a rule to establish test procedures simulating head-to-hood impacts and setting performance requirements aimed at minimizing the risk of head injuries. If implemented effectively, this rule could significantly mitigate the risks associated with the front-end designs of SUVs and pickup trucks.

Addressing City Congestion

Cities generally lack the legal authority to directly limit the number of light trucks and SUVs on their streets due to the current federal and state laws governing vehicle classifications and standards. However, municipalities can indirectly influence the prevalence of these larger vehicles through strategic policies. By implementing measures such as zoning restrictions, weight-based parking fees, and congestion pricing, cities can make it less convenient or more costly to operate oversized vehicles in congested urban areas. Additionally, low emission zones (LEZs) and weight-based registration fees can deter the use of heavier vehicles by imposing financial penalties on those that fail to meet stricter environmental standards. While these strategies do not outright limit the number of light trucks, they can effectively reduce their presence, particularly in dense city centers where safety and air quality are critical concerns. Examples like London’s Ultra Low Emission Zone demonstrate how cities can leverage these tools to shape traffic patterns without overstepping their legal boundaries.

Conclusion

By revisiting outdated regulations, closing tax loopholes, and enhancing safety standards, we can create a safer, more balanced vehicle market. The current landscape, shaped by decades of industry influence and regulatory gaps, calls for reforms that prioritize public safety, environmental responsibility, and equitable urban planning. Although these changes will require concerted efforts from policymakers, automakers, and the public, the result will be a transportation system that better serves everyone.

Suggested Citation: Petar Djekic, The Unchecked Rise of Trucks and SUVs in America, Cornell J.L. & Pub. Pol’y, The Issue Spotter, (Nov. 25, 2024), https://jlpp.org/the-unchecked-rise-of-trucks-and-suvs-in-america/.

Petar Djekic is a second-year student at Cornell Law School. Originally from Serbia, he grew up in Rockville, Maryland. He earned dual Bachelor of Arts degrees in Government and Politics and Philosophy, Politics, and Economics from the University of Maryland. During his 1L summer, Petar interned at the Criminal Division Fraud Section of the U.S. Department of Justice. In his spare time, Petar enjoys skateboarding, playing tennis, and watching NBA basketball.