22/08/2023
AEB comment deadline runs through Sept. 5
AUGUST 21, 2023
Mark Schremmer
The deadline to comment on a proposal to mandate automatic emergency braking systems on heavy trucks is about two weeks away.
In July, the National Highway Traffic Safety Administration and Federal Motor Carrier Safety Administration published a joint proposal that would require AEB systems and electronic stability control systems on new vehicles that weigh more than 10,000 pounds.
The agencies are accepting public comments on the proposal through Sept. 5.
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As of Aug. 21, nearly 700 comments had been filed to the agencies through the regulations.gov website.
Many of them come from truck drivers who are opposed to a mandate.
“I think that they should hold off until the system is flawless,” truck driver Timothy Scott wrote. “I have it in my truck, and it is very dangerous. If you are driving down the road, it will detect street signs above the highway and brake. If someone is tailgating you or there is snow or ice on the road, you have a dangerous situation. Once they have perfected it, it will not be a bad thing. Until they do, they should not be mandatory.”
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 vehicle technology.
OOIDA’s stance
The Owner-Operator Independent Drivers Association wrote to the agencies in July to inform them about truck drivers’ concerns about the technology.
“While there are many operational concerns about using an AEB system, truckers are especially worried about the potential for false activations,” OOIDA wrote. “As you can imagine, drivers are concerned the 80,000-pound truck they are driving could unexpectedly brake to a complete stop for no reason. In the face of this threat, the best the agencies offer in the (proposal) is ‘some assurance that an AEB system is capable of differentiating between an actual imminent collision and a non-threat.’”
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.
The investigation aims to determine if the alleged defect creates an unreasonable safety risk.
The agencies also acknowledge in the notice of proposed rulemaking that the unintended consequences of false activations “cannot be quantified.”
“For drivers who have years of experience and millions of accident-free driving miles, it is inconceivable that the government would require them to hand over control of their vehicle to a technology that may or may not be able to accurately detect a threat,” OOIDA wrote.
More time to comment?
On Aug. 3, the Commercial Vehicle Safety Alliance asked the agencies to extend the comment period 30 days.
“CVSA applauds the agencies for seeking public comment on this critical issue, and we look forward to providing comments to the agency on behalf of CVSA and the Commercial Vehicle Brake Manufacturers Council,” the group wrote. “However, 60 days is not adequate time to prepare and approve comments on such a complicated and important issue. CVSA and CVBMC are working to develop comments in response to the proposal and would like the opportunity to collaborate with other entities that will be commenting, to ensure all issues and concerns are addressed and our organizations can provide NHTSA and FMCSA with comments that will contribute to a comprehensive, well-informed, science and data-based notice of proposed rulemaking.”
As of Aug. 21, the agencies had not announced a ruling on CVSA’s request. Until then, the deadline will remain Sept. 5.
How to comment
To submit a comment on the notice of proposed rulemaking, go to regulations.gov by 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. LL
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