Truckers on AEBs: Give me a break

The U.S. Department of Transportation appears poised to move forward with a final rule to require automatic emergency braking systems on heavy trucks.

As of press time, however, it was unclear when the final rule would be unveiled.

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

However, the final rule still had 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.

Lawmakers also questioned the rulemaking during a House subcommittee hearing in December.

Reps. Troy Nehls, R-Texas, and Mike Collins, R-Ga., pointed to examples of false activations and questioned if the technology is ready to be mandated.

Nehls cited the October 2023 issue of Land Line Magazine, which features a story about truck driver Carrie Moore’s experience with AEB technology while driving on a snowy Michigan highway in 2022. Moore said a false activation from the emergency brakes caused her truck to jackknife and nearly crash into a median.

Collins, who operates a trucking company, said that the technology is not ready.

“I probably own about 80 trucks with the collision avoidance … I will tell you, they are not bulletproof,” Collins said. “They’re nowhere near it … We all want to be safe. That’s why I tried them. But they don’t work perfectly, and they’re very expensive. The technology is not there.”

Ann Carlson, who was NHTSA’s acting administrator at the time, suggested that the technology would be ready once the mandate was ready to go into effect. LL