The Federal Motor Carrier Safety Administration’s decision to deny exempting autonomous trucks from a regulation regarding the placement of warning devices “stifles safety innovation,” Aurora Operations told a federal appeals court.
The autonomous technology company, which plans to deploy driverless trucks in Texas later this year, filed a lawsuit with the U.S. Court of Appeals for the District of Columbia in January over the exemption denial.
“FMCSA arbitrarily and capriciously denied the application contrary to record evidence and without adequate, reasoned explanation,” Aurora wrote in the lawsuit. “FMCSA’s decision stifles safety innovation and would impede the development of the autonomous trucking industry for no valid or lawful reason.”
How we got here
The current regulations place responsibility on the truck driver 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
Aurora and Waymo asked FMCSA in 2023 for an exemption that would allow the companies to operate driverless trucks that are equipped with warning beacons mounted on the truck cab instead of traditional warning devices required by regulations.
“Waymo and Aurora believe it is possible to achieve the safety purpose of the warning device in an alternative way by using forward- and rearward-facing amber flashing lights mounted on the cab at a height above the upper edge of the sideview mirrors,” the 2023 notice stated.
In December 2024, FMCSA denied the request.
“The broad exemption is not supported by the data presented and lacks necessary monitoring controls to ensure highway safety,” the agency wrote in the notice. “FMCSA notes that this decision does not preclude applicants or others from seeking an exemption to use better-defined warning beacons for specified companies in particular locations, as one of the bases of the agency’s decision here is the broad reach of applicants’ request.”
Soon after the denial was announced, Aurora filed a lawsuit in the D.C. Circuit.
“The Dec. 26 denial of the requested exemption is at odds with the law and with FMCSA’s own public commitment to support safety innovation, and it inhibits the further development of vital self-driving technologies … In the absence of the correction by the agency itself, this denial requires review and correction by this Court,” Aurora wrote in its petition.
Aurora also criticized the denial in a recent blog post, saying that driverless trucks will reduce roadside fatalities and that the current roadside warning system is outdated.
“The current warning system to indicate when a truck is stopped on the side of the road – hand placement of warning triangles – is not only over half a century old, it has never been updated and is not backed by any data or research showing that it improves safety,” Aurora President Ossa Fisher wrote in the blog.
Only days before the Aurora lawsuit was filed, FMCSA published a notice in the Federal Register that announced plans to study whether the warning devices prevent crashes.
“It is an experimental study that requires data collection for evaluating whether warning devices meaningfully influence crash-relevant aspects of human performance in the presence of a parked or disabled commercial motor vehicle, and if so, how and to what extent,” FMCSA wrote in the notice.
The agency acknowledged in the notice that the development of autonomous technology prompted plans for the study.
Comments divided
FMCSA received 51 comments regarding the exemption request from Waymo and Aurora. Twenty-five commenters supported the exemption, 25 opposed it and one was neutral.
The American Trucking Associations was among the supporters, saying that the exemption would “help address regulatory burdens” that are hindering the employment of autonomous trucks.
Opponents presented concerns about how the beacons would perform where there are blind corners blocking the sight lines of oncoming vehicles, where a vehicle is turned on its side or where there is a fire or electrical problems.
The Owner-Operator Independent Drivers Association, which represents small-business truckers, submitted comments in opposition of the exemption.
“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. “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.”
FMCSA is scheduled to respond to Aurora’s petition later this month. It is unclear how a change in administration will affect the lawsuit. LL
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