U.S. DOT expected to take up automatic emergency braking in March

February 6, 2023

Mark Schremmer

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Next month, the Federal Motor Carrier Safety Administration and National Highway Traffic Safety Administration are expected to issue a joint proposal regarding automatic emergency braking systems on heavy-duty trucks.

According a recently released regulatory agenda, the two agencies plan to publish the notice of proposed rulemaking in March. Previously, the notice had been expected to be unveiled in January.

The agencies will seek comments on a proposal to require and/or standardize equipment performance for automatic emergency braking systems on heavy trucks.

The rulemaking is expected to propose performance standards and motor carrier maintenance requirements for automatic emergency brakes on heavy trucks and accompanying test procedures for measuring performance.

FMCSA and NHTSA are issuing the automatic emergency braking rulemaking as required by the 2021 infrastructure law.

The Owner-Operator Independent Drivers Association continues to oppose any attempts to require automatic braking systems on heavy-duty trucks.

OOIDA says the technology should be perfected before any sort of mandate is put in place.

“If we’re going to foist this mandate on the entire industry, we better make sure this technology has been perfected or as close to perfection as technologically possible,” said Collin Long, OOIDA’s director of government affairs. “And we know from our drivers that it’s not there yet.”

Unfit motor carriers

FMCSA also is expected to release an advance notice of proposed rulemaking regarding the evaluation of motor carriers in March.

“FMCSA is seeking information on how the agency might use data and resources more effectively to identify unfit motor carriers and to remove them from the nation’s roadways,” the regulatory agenda stated. “FMCSA would seek public comment about the use of available safety data, including inspection data, in determining carrier fitness to operate.”

The agency also is expected to seek public input on potential changes to the current three-tier safety fitness rating structure of satisfactory, conditional and unsatisfactory. The action also is expected to include a review of the list of Federal Motor Carrier Safety Regulations that FMCSA uses in its safety fitness rating methodology. LL