About a year ago, the Federal Motor Carrier Safety Administration denied a request to exempt an autonomous trucking company from a regulation regarding the placement of warning devices.
Following the denial, Aurora filed a lawsuit against FMCSA, saying the decision “stifles innovation and would impede the development of the autonomous trucking industry for no valid or lawful reason.”
Now, Aurora says that the U.S. Department of Transportation has given it permission to use warning beacons mounted on the truck cab instead of traditional warning devices. Aurora also announced that it plans to withdraw its lawsuit.
“Today, Aurora has received approval from the U.S. Department of Transportation to begin using cab-mounted warning beacons as an alternative to reflective triangles,” the company wrote on Oct. 9. “The cab-mounted flashing lights indicate when a vehicle is stopped on the side of the road to warn other road users, which is similar to systems used by emergency and construction vehicles, and is a step forward for road safety.”
A notice of an exemption has not been published in the Federal Register, and FMCSA did not immediately return Land Line’s request for comment.
The warning device regulation
Current regulations require truck drivers to place warning devices in a specific manner whenever a commercial motor vehicle is stopped on the shoulder of a highway.
Drivers are required to place the warning devices:
- 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
Of course, the current regulation doesn’t work for autonomous trucking companies that hope to operate without a human on board. So, in 2023, Aurora and Waymo requested an exemption that would allow warning beacons instead.
In December 2024, FMCSA denied the request, saying it was too broad and that it lacked the “necessary monitoring controls to ensure highway safety.”
The Owner-Operator Independent Drivers Association was one of the groups opposed to the exemption, saying the warning beacons wouldn’t work if the vehicle is stopped within 500 feet of a curve.
“Waymo/Aurora do not discuss any backup warning systems that can be implemented if and when an automated truck experiences any type of failure where the lights or beacons can no longer function,” OOIDA wrote in 2023. “Again, we continue to see too many instances where autonomous vehicle technology does not perform the way it is designed, which further jeopardizes safety performance. Reflective triangles and flares are not reliant on technology systems that are so vulnerable to disruptions.”
Aurora’s autonomous operations
On May 1, Aurora announced that it began driverless runs on Interstate 45 between Dallas and Houston on April 27. Initial operations either had a person in the back seat or without a person on board. Just weeks later, however, Aurora announced on May 16 that it was putting a human back in the driver’s seat. Citing a request from Paccar, Aurora said its autonomous operations would continue on I-45 in Texas with a person in the front seat.
Since then, Aurora has expanded its routes to Fort Worth, El Paso and Phoenix.
Another request
Aurora isn’t the only company to ask for an exemption from the warning device regulation. In August, Emergency Safety Solutions asked the Federal Motor Carrier Safety Administration for a five-year exemption related to regulations that require drivers to place warning device triangles around a stopped commercial motor vehicle.
OOIDA opposed this request as well.
The comment period ended in late September, and FMCSA has not announced whether or not it will grant the exemption. LL
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