FMCSA denies exemption request from Waymo, Aurora

Citing a lack of data and necessary monitoring controls, the Federal Motor Carrier Safety Administration denied a request to exempt autonomous trucks from a regulation regarding the placement of warning devices.

Regulations require that “whenever a commercial motor vehicle is stopped upon the traveled portion of the shoulder of a highway for any cause other than necessary traffic stops, the driver shall,” as soon as possible, place the warning devices in the following manner:

• One on the traffic side and four paces – approximately 10 feet – from the stopped commercial motor vehicle in the direction of approaching traffic
• One at 40 paces – approximately 100 feet – from the stopped commercial motor vehicle in the center of the traffic lane or shoulder occupied by the commercial motor vehicle and in the direction of approaching traffic
• One at 40 paces from the stopped commercial motor vehicle in the center of the traffic lane or shoulder occupied by the commercial motor vehicle and in the direction away from approaching traffic

In 2023, FMCSA published an exemption request from Waymo LLC and Aurora Operations that would allow the companies to operate autonomous trucks that are equipped with warning beacons mounted on the truck cab instead of traditional warning devices required by regulations.

FMCSA denied the request in a notice that is scheduled to be published in the Federal Register on Friday, Dec. 27.

“The broad exemption is not supported by the data presented and lacks necessary monitoring controls to ensure highway safety,” the agency wrote in the notice. “FMCSA notes that this decision does not preclude applicants or others from seeking an exemption to use better-defined warning beacons for specified companies in particular locations, as one of the bases of the agency’s decision here is the broad reach of applicants’ request.”

FMCSA received 51 comments – 25 comments in support, 25 opposed and one neutral – in response to the exemption request.

The Owner-Operator Independent Drivers Association opposed the request, arguing that Waymo and Aurora did not provide adequate justification for the exemption.

“The research and studies presented in Waymo/Aurora’s exemption request from the regulations that require specific placement of warning devices around a stopped commercial motor vehicle are not sufficient to ensure an equivalent or greater level of safety,” OOIDA wrote.

OOIDA also criticized the lack of a backup plan in the exemption request.

“Waymo/Aurora do not discuss any backup warning systems that can be implemented if and when an automated truck experiences any type of failure where the lights or beacons can no longer function,” OOIDA wrote. “Again, we continue to see too many instances where autonomous vehicle technology does not perform the way it is designed, which further jeopardizes safety performance. Reflective triangles and flares are not reliant on technology systems that are so vulnerable to disruptions.”

Aurora plans to deploy up to 10 driverless trucks on designated routes in Texas by the spring of 2025. Daimler, which is working with Waymo, is expected to deploy fully driverless trucks in 2027. LL