The regulation blocking driverless trucks

Autonomous trucking companies wanting to go completely driverless have been impeded by a federal regulation requiring truck drivers to place warning devices around the truck when stopped on the shoulder of a highway.

Now, a technology company wants not only an exemption but for the Federal Motor Carrier Safety Administration to issue a rulemaking that allows alternative alert systems to be used on commercial vehicles.

In a petition posted to Regulations.gov on Nov. 12, IMAMS (Intelligent Motorist Alert Messaging System) Technology told FMCSA that Regulation 49 CFR 392.22(b)(1) is the “one thing standing in (autonomous trucks’) way from being truly driverless.”

What is the regulation?

The rule, which aims to alert other drivers when a commercial motor vehicle is stopped, requires the driver to take immediate action.

Whenever a commercial motor vehicle is stopped upon the traveled portion or the shoulder of a highway for any cause other than necessary traffic stops, the driver shall, as soon as possible, but in any event within 10 minutes, 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

Of course, that regulation doesn’t work for autonomous trucking companies that want to eliminate the expense of a human truck driver. That has led to multiple exemption requests in recent years.

In 2023, Aurora asked the FMCSA for an exemption to operate driverless trucks equipped with warning beacons mounted on the truck cab instead of traditional warning devices. In December 2024, FMCSA denied that request, saying the exemption “lacks necessary monitoring controls to ensure highway safety.”

Earlier this year, Aurora filed a lawsuit over the denial, saying it would “impede the development of the autonomous trucking industry for no valid or lawful reason.”

Then in October, Aurora announced that the U.S. Department of Transportation gave it permission to use warning beacons instead of traditional warning devices. Although an exemption has still not been published in the Federal Register, the lawsuit was officially dismissed on Oct. 24.

While Aurora appears to be the first company to receive an exemption from the warning device regulation, it certainly won’t be the last to ask for one. In August, Emergency Safety Solutions asked the FMCSA for a five-year exemption from regulations requiring drivers to place warning device triangles around a stopped commercial motor vehicle.

IMAMS’ request

IMAMS’ technology consists of a “Dynamic Digital LED Directive Messaging Sign” that is securely mounted atop the rear doors and front dash of tractor-trailers and large commercial trucks. When an autonomous vehicle becomes disabled and activates its emergency flashers, it would trigger IMAMS’ technology. The tech could also be retrofitted for non-autonomous commercial motor vehicles.

“IMAMS represents a significant advancement in roadway safety for both autonomous and driver-operated commercial vehicles,” IMAMS owner Paul Hutchins wrote. “Its immediate, dynamic warning capabilities, combined with its integration of public safety communications and economic benefits, make it a safe, effective and forward-thinking alternative to traditional warning devices.”

Under the request, autonomous commercial vehicles equipped with IMAMS would be exempt from the current warning device regulation. Additionally, IMAMS asked the agency to consider a future rulemaking that “IMAMS, or similar intelligent safety alert systems, to be used on all commercial vehicles as an approved option for disabled vehicle warnings and dynamic safety announcements.”

Opposition

The Owner-Operator Independent Drivers Association has been vocal about its concerns regarding autonomous vehicles.

“One of the central problems today is that regulators are often presented with research that presumes AVs will be safer than human drivers simply because, under narrow and carefully controlled circumstances, AVs may show advantages,” OOIDA wrote in comments signed in October by President Todd Spencer. “USDOT should support research that proves – rather than presumes – safety for AVs, with particular attention to automated heavy trucks operating in mixed traffic. Because rare, high-severity crashes cannot be ruled out by accumulating ordinary on-road miles, alternative evidence is required. Evaluation should therefore rely on structured safety cases, validated scenario testing, clearly defined safety metrics and independent review …”

OOIDA also opposed previous warning device exemption requests. In 2023, OOIDA said that warning beacons wouldn’t work if the vehicle was stopped within 500 feet of a curve.

“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 in 2023. “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.” LL