Watch Now


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. Samuel Dotson

    If the industry would do away with automatic trucks and all the bs and hire truck drivers , teach them trip planning, read an atlas, how to back, park and pull forward when done fueling. Eliminating the person out here driving for a paycheck. It’s a way of life “trucking” not a job. Make cb radios mandatory in all class 8 trucks , there would be no need in AEB , or ELD’s .

  2. David Bailey

    The system malfunction and driver gets blamed because it can’t be that perfect system that makes the mistake. Some drivers are saying In the mountains and in extreme weather those things are more problems than they are good.

  3. SICKOFITALL

    As a 44 year professional, commercial driver, I have seen our industry standards fall greatly over the years. That being said, I also understand the need for technology to assist the driver. Key word here is ASSIST. I personally have had the Collison mitigation system take control from me while in situations where there was no imminent danger. Overpasses, vehicles in a designated turn lane not directly in front of me, large traffic signage, all have activated the braking. I witnessed a scene recently where another semi was passing me and his Collision avoidance system made his brakes apply hard because of an overpass. The car behind him (following much too closely) took this as an aggressive tactic by the semi and when in front of the semi began a road rage toward said driver nearly causing a true collision.

  4. Julian Esparza

    I been driving for 23 years and the automatic breaking system is not safe ..I recently bought a truck that has that feature and it’s caused me to almost get into accidents because it brakes abruptly If someone pulls in front of you therefore cause the trucks weight to shift the truck into other lanes…No good idea…The agencies need to stop trying to fix what is not broken…they are making the industry less safe…”Straight Line”Calif

  5. O. G.

    The brakes are fine. The real issue is drivers that are half sleep, because they’re over worked and trying to keep up with a robotic clock?? The answer is pay the driver’s more and less hours and miles OTR. These companies should stop cut throating each other and have a set pay for shipment. If you can’t pay and respect your driver’s, then go out of business. Or drive your own truck!!!

  6. Rafael

    In my personal experience pretty much all trucks after 2016 got all the bells and whistles already , in winter conditions tho I almost got in 3 divergent accidents thanks to it 1 read the bridge like if it was a car and the other 2 is some dumb car that cut me off less than 1 second away just to pass and get in the exit witch activated my brakes and almost end up in a jacknife. In any case it would be great if people don’t be on their phones and actually drive… just cuz u got putopilot on a tesla doesn’t mean u can go to sleep on the back.

  7. Leroy

    It would be wonderful if the system would quit locking my brakes up at random overpasses. Kenworth says it works as it should. All I know is it can really anger anyone driving behind you

Comments are closed.

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.