Truckers encouraged to comment on automatic emergency braking proposal

Only days remain for truckers to comment on a proposal that would require automatic emergency braking systems on new heavy trucks.

In July, the National Highway Traffic Safety Administration and Federal Motor Carrier Safety Administration published a joint proposal that would require automatic emergency braking systems and electronic stability control systems on new vehicles that weigh more than 10,000 pounds.

The Owner-Operator Independent Drivers Association is encouraging truck drivers to file comments for the Tuesday, Sept. 5 deadline. OOIDA sent its more than 150,000 members a Call to Action email on Wednesday, Aug. 30.

“We need your help to fix (the U.S. Department of Transportation’s) automatic emergency braking proposal,” OOIDA wrote. “NHTSA and FMCSA released a notice of proposed rulemaking in July that would mandate automatic emergency braking systems on heavy vehicles. As proposed, the rulemaking would mandate AEB systems in as soon as three to four years without ensuring their reliability or safety.”

As of Thursday, Aug. 31, more than 700 comments had been filed to the agencies through the regulations.gov website.

Many of the comments have come from truck drivers who are opposed to a mandate.

“I’ve driven these vehicles and have had them brake for no reason,” truck driver James Andrus wrote. “When you go around corners and it’s dark or cloudy, it sees phantom objects and screams collision alert for nothing in the road. These vehicles have caused more accidents and issues than they solved. I get that this is a new technology still in its infancy, but there needs to be major improvement on these items before they can be made permanent. Otherwise you’re asking for trouble and more accidents than it’s worth. For the public’s safety and for the reduction of accidents, please do further research before implementing these items.”

Jay Grimes, OOIDA’s director of federal affairs, said that while Congress mandated FMCSA and NHTSA to issue the rulemaking, the agencies still are falling short of making sure the technology is reliable before moving forward. As part of the congressional mandate, the agencies were required to consult with representatives of commercial motor vehicle drivers regarding their experiences with automatic emergency braking systems.

“We don’t feel it really addresses the concerns that we’ve heard from drivers about the false activations on trucks that are equipped with (automatic emergency brakes),” Grimes told Land Line Now. “The testing protocols laid out do not really give a level of insurance necessary to implement a mandate for this technology on all new trucks.”

Earlier this summer, NHTSA opened an investigation into false automatic braking on certain Freightliner and Western Star trucks.

There were 18 complaints of false automatic emergency braking activation “without an actual roadway obstacle.” In some instances, the false activation brought the truck to a complete stop in the travel lane. NHTSA did not report any crashes caused by the false braking.

Proposal

The proposal calls for all Class 7 and 8 vehicles – those weighing more than 26,000 pounds – to be required to meet the automatic emergency braking standards three years after the rule takes effect. All Class 3-6 vehicles – those weighing 10,001-26,000 pounds – would be required to meet the automatic emergency braking and electronic stability control requirements in four years. Small-volume manufacturers would have until five years after the final rule took effect.

The proposal would not require existing heavy vehicles to be retrofitted with automatic emergency braking technology.

How to comment

To submit a comment on the notice of proposed rulemaking, go to regulations.gov by Tuesday, Sept. 5 and enter Docket Nos. FMCSA-2022-0171 or NHTSA-2023-0023. There is no need to file comments to both agencies. You also can go to FightingforTruckers.com, where OOIDA has made it easy for truck drivers to provide feedback to the agencies.

The Commercial Vehicle Safety Alliance and others asked the agencies to extend the deadline another month. As of Thursday, Aug. 31, the agencies had not announced a ruling on the request. Until then, the current deadline will remain. LL