AEB final rule projected for April, but release date still unknown

Sometime this month, the U.S. Department of Transportation is projected to unveil a final rule to require automatic emergency braking systems on heavy trucks.

The DOT’s latest Significant Rulemakings Report indicates that the Federal Motor Carrier Safety Administration and National Highway Traffic Safety Administration are set to take final action on the rulemaking in April.

However, the final rule still has not been submitted to the White House Office of Management and Budget for review, which is required before it can be published in the Federal Register. OMB reviews often take months. For example, NHTSA’s light vehicle automatic emergency braking final rule was submitted to the White House on Jan. 18 and still has not been cleared.

Background

Last year, FMCSA and NHTSA issued a joint proposal that would require AEB systems and electronic stability control systems on new vehicles weighing more than 10,000 pounds.

The heavy vehicle proposal calls for all Class 7 and 8 vehicles – those weighing more than 26,000 pounds – to be required to meet the AEB standards three years after the rule takes effect. All Class 3 to 6 vehicles – those weighing 10,001 to 26,000 pounds – would be required to meet the AEB and electronic stability control requirements in four years. Small-volume manufacturers would have until five years after the final rule took effect. There would not be any retrofit requirements on existing heavy vehicles.

Opposition

Many truck drivers are opposed to a mandate and have cited existing problems with the technology, including false activations.

“I am a current truck driver with this system already in use on company trucks,” Joe Hoffman wrote in comments filed in August. “I have had many false positives, and brakes were jarringly applied, almost causing accidents on every single one. One of the false positives almost sent me into a wall going through Philadelphia. Other false positives have almost caused people to hit me from behind. Is this a technology for new drivers just starting? Yes, but only once the technology has been significantly improved.”

Hundreds of truck drivers filed comments with a similar sentiment. The Owner-Operator Independent Drivers Association, which represents small-business truckers, told the agencies that drivers are experiencing way too many false activations with AEB systems.

“The notice of proposed rulemaking mandates AEB systems without sufficiently addressing false activations, properly consulting with professional truck drivers or completing ongoing research programs,” OOIDA wrote in comments signed by President Todd Spencer. LL