Back to the drawing board.
The Federal Motor Carrier Safety Administration and National Highway Traffic Safety Administration were expected to issue a final rule requiring automatic emergency braking on heavy-duty vehicles in early 2025.
However, the new administration believed a second look was needed. So, FMCSA and NHTSA shifted gears and decided to develop a new AEB proposal instead. According to the recently released 2026 regulatory agenda, the agencies are expected to unveil a joint supplemental notice of proposed rulemaking as soon as this month.
That means that although the agencies are close to publishing a proposal, the process will restart with a new public comment period. It could be well into 2027 or 2028 before a final rule gets out the door.
“Pursuant to a statutory mandate in the Infrastructure Investment and Jobs Act, this notice will seek comments on a revised proposal to require and/or standardize equipment performance for automatic emergency braking on heavy trucks and motor carrier maintenance requirements for vehicles equipped with such technology,” the regulatory agenda states. “For several years, NHTSA has researched forward collision avoidance and mitigation technology on heavy vehicles, including forward collision warning and automatic emergency braking systems. This rulemaking proposes test procedures for measuring performance of these systems.”
The 2023 heavy vehicle proposal called for all Class 7 and 8 vehicles – those weighing more than 26,000 pounds – to meet the AEB standards three years after the rule takes effect. All Class 3 to 6 vehicles – those weighing 10,001 to 26,000 pounds – would have been required to meet the AEB and electronic stability control requirements in four years.
Many truck drivers have been opposed to a mandate, citing problems with the technology. In 2023, NHTSA opened an investigation into reports of false activations of automatic emergency braking systems. That investigation was upgraded to an “engineering analysis” in October 2025 and remains open.
The Owner-Operator Independent Drivers Association opposed the 2023 proposal, saying that the agencies were mandating a technology “without sufficiently addressing false activations, properly consulting with professional truck drivers or completing ongoing research programs.”
Other agenda items
Other proposals in the latest regulatory agenda address broker transparency, English-proficiency out-of-service orders, minimum training requirements, automated driving systems, ELD revisions, UCR fees and standards for brokers and CDL holders. Additionally, FMCSA is projecting a final rule for hours of service. LL
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