The Federal Motor Carrier Safety Administration made conflicting statements before denying an exemption request, Aurora said in its latest filing to the U.S. Court of Appeals for the District of Columbia.
In January, Aurora Operations filed a lawsuit against FMCSA after the agency denied exempting autonomous trucks from a regulation regarding the placement of warning devices. On Monday, Feb. 10, the company outlined the arguments it plans to raise.
Those arguments include claims that FMCSA made inconsistent statements regarding Aurora’s exemption application.
According to Aurora, FMCSA insisted that the exemption application be industry-wide and then denied the request for being too broad. Aurora also alleged that the agency said the company’s data from an on-road study was “wonderful” and “impressive” before criticizing the study’s “limited data” in the denial notice.
“These conflicting statements are not addressed or explained in the agency’s Dec. 26 decision,” Aurora wrote.
The regulation
Regulations require that “whenever a commercial motor vehicle is stopped upon the traveled portion of the shoulder of a highway for any cause other than necessary traffic stops, the driver shall,” as soon as possible, 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
Exemption request and denial
FMCSA published an exemption request from Aurora and Waymo in 2023 that would have allowed autonomous trucks that are equipped with warning beacons mounted on the truck cab instead of traditional warning devices.
The agency received 51 comments on the request with 25 for the exemption, 25 opposed and one neutral. Opponents criticized the lack of a backup plan in instances the warning beacons fail.
In December 2024, FMCSA denied the request, saying it was too broad and that it lacked the “necessary monitoring controls to ensure highway safety.”
Soon after, Aurora filed a lawsuit in the D.C. Circuit.
“FMCSA’s decision stifles safety innovation and would impede the development of the autonomous trucking industry for no valid or lawful reason,” wrote Aurora, which plans to deploy driverless trucks in Texas this year.
Other arguments
Aurora’s latest court filing also said it plans to argue:
- FMCSA lacks the research to show that the current regulations improve safety (Following the denial, the agency announced it plans to conduct a study).
- Current regulations put truck drivers’ safety at risk.
- Aurora provided more safety evidence regarding its warning beacons than FMCSA has about the current regulations.
- FMCSA has granted exemptions with less supporting data.
- FMCSA’s denial “undermines” the Department of Transportation’s policies in favor of safe innovation in the autonomous vehicle industry.
The Department of Transportation and FMCSA are scheduled to respond by Feb. 24. LL
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