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NHTSA truck brake rule under review at OMB

Proposal comes a week after NTSB found automatic braking could have prevented fatal crash

NHTSA prepares for AEB rule seven years after request from safety groups. (Photo: Jim Allen/FreightWaves)

WASHINGTON — The White House is reviewing a proposed rule to establish a safety standard to require and/or standardize the performance of automatic emergency braking systems (AEB) on heavy trucks.

According to a “statement of need” received by the Office of Management and Budget on Tuesday, the National Highway Safety Traffic Administration believes there is potential for AEB “to improve safety by reducing the likelihood of rear-end crashes involving heavy vehicles and the severity of crashes,” the agency noted.

“NHTSA is commencing the rulemaking process to potentially require new heavy vehicles to be equipped with automatic emergency braking systems, or to standardize AEB performance when the systems are optionally installed on vehicles.”

While the proposed rule is required as a provision in the Infrastructure Investment and Jobs Act signed into law on Nov. 15, 2021 — and which requires a rule be finalized by Nov. 15, 2023 — OMB is starting its 90-day review one week after the National Transportation Safety Board concluded that a rear-end collision involving a truck that killed six people could have been prevented if a collision avoidance system, such as AEB, had been deployed.


Collision avoidance technology is also on NTSB’s “Most Wanted” list of safety regulations.

An abstract of the proposal states that NHTSA has researched forward collision avoidance and mitigation technology on heavy vehicles, including forward collision warning and automatic emergency braking systems, for several years.

In 2015, the agency granted a petition for rulemaking — but never actually proposed a rule — submitted by the Truck Safety Coalition, the Center for Auto Safety, Advocates for Highway and Auto Safety, and Road Safe America to require automatic forward collision avoidance and mitigation systems on heavy trucks.

In support of that petition, the Commercial Vehicle Safety Alliance pointed out that as technology continues to advance, “it is imperative that those in the safety and enforcement communities are afforded the opportunity [to] take full advantage of technological advancements that improve safety and demonstrate a net benefit to society.”


NHTSA’s AEB proposal also has been given “economically significant” priority status because it is a regulation that is likely to have an annual economic effect of $100 million or more “or adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, or tribal governments or communities,” according to OMB.

As per executive order, all such regulations require that agencies provide a detailed assessment of the likely benefits and costs of the regulatory action, “including a quantification of those effects, as well as a similar analysis of potentially effective and reasonably feasible alternatives,” OMB’s rules state.

Click for more FreightWaves articles by John Gallagher.

19 Comments

  1. Michael

    Well as a truck driver with this system already installed in my truck I can tell you it’s cause 1 accident cause it thought I was about to hit an overpass and another time in snowing conditions activated emergency braking and almost putr in a ditch luckily no one was near or I would have hit them so yeah I’m not a big fan of this crap. Put the camera on with 360 degree coverage and of a 4 wheeler makes a mistakes charge them if the driver makes a mistake charge them. Responsibility for your own actions.

  2. Andrew

    Auto braking for commercial trucks is a joke! As a truck driver for many years and the amount of time spent out on the roads, it comes down too the driver training and the actually drivers. I have seen how people drive commercial trucks and some drivers shuldnt even have a licence. All new truck drivers should have to attend a school,not just walk into a local mto office and write a test and also newly licensed driver should take a course on commercial trucks(personal vehicle drivers). I have seen alot of drivers out on the open road and truthfully is becoming scary out on the roads. It all about training, not technology. Dont blame truck drivers, there are alot of personal vehicles on the road that cause alot of the commercial truck accidents, its easier for the law to blame the truck driver then it is the personal vehicles to blame! These people who sit in a office making these drive laws for truck drivers I bet have never been in a truck or drivin a truck but can sit there and blame truck drivers even thou its not the drivers fault. Try looking into real reality of the industry, spend a few weeks in a truck and see what kinda of drivers are on the road, its not technology that gonna fix it the stupidity of some of these disrespectful drivers! I myself have thought of giving up my commercial license due to the fact of new drivers on the road, disrespectful drivers and the technology of the trucks. I been driving since 2004 and seen dramatic change of drivers ln the road and its not getting any better. Plus these days not much police presence on the roads either.

  3. Jax

    This is total BS, and a hundred other reasons could’ve prevented it but it’s an accident.. Auto braking is dangerous and unnecessary, someone stupid politician is getting a kick back or donations to push this garbage, ITS ALL ABOUT REVENUE, MAKING MONEY JUST LIKE ELDS, which now have been proven to push fatigue driving and is actually more dangerous than not.We don’t need all this crap or the beurocrats to run while lining thier pockets..

  4. Christopher Harris

    We have drivers that can’t read English let alone drive in winter, but we all know they know how to race a ticking clock…elogs

  5. Darik

    What the y need to focus on is all the drivers watching g movies and playing on there phones while driving. I am a seasoned driver and aside go down the road 9 out of 10 trucks the driver is a foreign driver watching movies or playing on the there phone. They need put in regulation that if you’re phone is in motion nothing on it works except regular calls.

  6. William MacDonald

    I don’t understand why they keep adding all these expensive components to trucks and they are not concentrating on the true problem, which is DRIVER TRAINING. We got drivers out here that are no where near qualified to be driving. You have so many that can’t speak jor read English. That is what needs addressed.

  7. Road driver

    Absurd. I currently drive a commercial vehicle with all the bells and whistles of sensory and alert alarms and it’s more distracting than anything. The sensors, automatic braking, lane changing sensors all of that is not going to change the driver. Stop hiring bottom of the barrel drivers that tailgate the sh*t out of everyone and don’t even know how to back a trailer. Get rid of the recruiters and their processes and start having actual road test with the people that you are hiring. Let them interview with an actual manager. Recruiters are incentivized by the amount of people that they hire and this is why we are getting such garbage. I would say average rate these days every seven out of 10 drivers don’t know what the hell they are doing.

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John Gallagher

Based in Washington, D.C., John specializes in regulation and legislation affecting all sectors of freight transportation. He has covered rail, trucking and maritime issues since 1993 for a variety of publications based in the U.S. and the U.K. John began business reporting in 1993 at Broadcasting & Cable Magazine. He graduated from Florida State University majoring in English and business.