All the way back in May 2019, the Federal Motor Carrier Safety Administration issued an advance notice of proposed rulemaking regarding commercial motor vehicles that are equipped with automated driving systems.
So that we’re all on the same page, an advance notice isn’t a formal proposal. Instead, think of it as the tire-kicking or information-gathering stage. Basically, the agency seeks feedback to help it develop a proposal.
In 2023, the agency determined that it needed even more feedback and published a second advance notice of proposed rulemaking.
That brings us to the present, when FMCSA expects to unveil a notice of proposed rulemaking regarding the “Motor Carrier Operation of ADS-Equipped Commercial Motor Vehicles.”
“FMCSA proposes to amend certain Federal Motor Carrier Safety Regulations to ensure the safe introduction of ADS-equipped commercial motor vehicles onto the nation’s roadways,” the agency wrote in the regulatory agenda. “The proposed changes to the CMV operations, inspection, repair and maintenance regulations prioritize safety and security, promote innovation, foster a consistent regulatory approach to ADS-equipped CMVs and recognize the difference between human operators and ADS.”
FMCSA is targeting August for the release of its proposal.
Concerns voiced
In 2023, the Owner-Operator Independent Drivers Association told FMCSA that autonomous trucks aren’t the “cure-all” some suggest.
“While we are still years away from fully automated trucks, decisions made today will have a significant impact on the deployment of autonomous vehicle technologies, ADS-equipped commercial motor vehicles, and ultimately, on the livelihood of professional truck drivers and the economy at large,” OOIDA wrote in 2023. “Elected officials, federal regulators and our industry partners must develop autonomous vehicle policies in a responsible manner that considers the perspective of American truckers.”
Earlier this month, the National Highway Traffic Safety Administration called out all autonomous vehicles that interfere with law enforcement and other first responders.
“The agency has documented multiple instances in which AVs drove directly into active emergency scenes, blocked the paths of ambulances and firefighters or failed to recognize and respond to basic safety conditions like flashing lights, flares, smoke, fire and traffic cones,” NHTSA wrote in a recent letter to autonomous manufacturers.
NHTSA noted that drivers are legally obligated to clear the way for emergency vehicles and that driverless cars shouldn’t be treated differently.
“Every second matters when law enforcement officers, firefighters or paramedics are answering a call because lives are on the line,” NHTSA wrote. “That is why human drivers who impede these operations are subject to fines and even jail time.”
The agency issued a call to action, demanding that AV developers “immediately focus their resources on fixing this issue.”
The problem isn’t a new one. Cathy Chase, president of Advocates for Highway and Auto Safety, mentioned police officers and firefighters being blocked by driverless vehicles during a House hearing in 2023.
“I think we absolutely need prudence when discussing autonomous vehicles of any level,” Chase said at the hearing. “The biggest example we have so far is San Francisco, and it’s not going so well, to say the least. It’s a problem. We can’t just stick our heads in the sand and pretend these problems don’t exist.”
Although the problem has mostly involved driverless cars so far, it’s not difficult to imagine how it could be worsened if the driverless vehicle blocking emergency responders were an 80,000-pound tractor-trailer.
During a more recent Senate hearing, Teamsters executive Cole Scandaglia voiced concerns about driverless trucks taking jobs from truck drivers.
“I think it is ahistoric to suggest that employers at some point in time will have the ability to eliminate their labor cost in totality or in large part and decide not to do it,” Scandaglia said. “That’s what concerns my members.” LL
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