Supporters of driverless trucks say the vehicles will improve safety. However, the Owner-Operator Independent Drivers Association says that federal regulators shouldn’t give the green light until the technology has been perfected.
That’s why OOIDA formally opposed exempting driverless trucks from a regulation that requires truck drivers to place warning devices around the truck when stopped on a highway shoulder. Earlier this year, Aurora Innovation asked the Federal Motor Carrier Safety Administration for a five-year exemption that would apply to all motor carriers operating Level 4 automated commercial motor vehicles. Under the exemption, driverless trucks would be instead required to use a set of cab-mounted warning beacons.
“FMCSA should not grant exemptions just to appease AV manufacturers,” OOIDA wrote in comments signed by President Todd Spencer. “The research referenced in Aurora’s request does not prove that beacons are an adequate replacement for warning devices across the range of curves, hills, weather, trailer types, failure modes and emergency conditions that federal rules must account for. Aurora does not disprove the need for a reliable option when more complex systems fail. In trucking, that is exactly when human drivers matter most.”
The regulation
The rule, which aims to alert other drivers when a commercial motor vehicle is stopped, requires the driver to take immediate action.
Whenever a commercial motor vehicle is stopped upon the traveled portion or the shoulder of a highway for any cause other than necessary traffic stops, the driver shall, as soon as possible, but in any event within 10 minutes, place the warning devices … in the following manner:
- One on the traffic side and four paces – approximately 10 feet – from the stopped commercial motor vehicle in the direction of approaching traffic
- One at 40 paces – approximately 100 feet – from the stopped commercial motor vehicle in the center of the traffic lane or shoulder occupied by the commercial motor vehicle and in the direction of approaching traffic
- One at 40 paces from the stopped commercial motor vehicle in the center of the traffic lane or shoulder occupied by the commercial motor vehicle and in the direction away from approaching traffic
Aurora has been operating under a limited waiver. A five-year exemption would help the company achieve its expansion goal. The company said it wants to expand its fleet of 109 trucks to 200 by the end of 2026 and into the thousands over the next five years.
OOIDA poked holes in Aurora’s cited research supporting the move to warning beacons instead of warning triangles.
“These isolated studies do not provide adequate justification that warning beacons can achieve an equal or greater level of safety as currently,” OOIDA wrote. “The study locations do not account for all the varying weather, road, lighting and traffic conditions that CMVs encounter throughout the country. We believe this prevents Aurora from meeting the standards listed in 49 CFR 392.22 (2)(iv) that require if a vehicle is stopped within 500 feet of a curve, crest of a hill or other obstruction to view, the driver shall place the warning signal in the direction of the obstruction to view a distance of 100 to 500 feet from the stopped CMV so as to afford ample warning to other highway users.”
FMCSA’s comment period for Aurora’s exemption request ended on May 15. According to Regulations.gov, 364 comments were submitted. Many of them came from truck drivers opposed to the exemption.
“The core safety function of warning triangles is not simply visibility, but advance warning distance,” Michael Eaton wrote. “Properly placed triangles extend hundreds of feet behind a stopped truck, giving approaching drivers critical time to perceive, react and safely maneuver. At highway speeds, even a difference of a few seconds in reaction time can determine whether a crash is avoided or becomes a severe rear-end collision.”
FMCSA will now review the comments before determining whether to grant the exemption. LL
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