Automakers Lawsuit Seeks To Curb Dept Of Transportation's Emergency Braking Rules

A Federal Motor Vehicle Safety Standard that's taking effect in 2029 requiring auto manufacturers to meet stronger emergency braking system requirements, is being challenged by the Alliance of Automotive Innovation (AAI). The rule expects vehicles to be able to identify and react (i.e. auto brake) at higher speeds than they do currently. The alliance, consisting of 11 brands such as BMW, Ford, General Motors, Hyundai, Toyota, and Volkswagen, has filed a lawsuit with the US Court of Appeals to overturn the braking standard citing that the current state of technology is inadequate to meet the guidelines.

In 2024, the U.S. Department of Transportation released a new Federal Motor Vehicle Safety Standard that requires automatic emergency braking (AEB) systems in new vehicles to be capable of stopping and avoiding contact with other vehicles in front of them at speeds up to 62 mph, while also be capable of activating AEB "up to 90 mph when a collision with a lead vehicle is imminent, and up to 45 mph when a pedestrian is detected." Besides these requirements, all light-duty vehicles (i.e. passenger cars, SUVs, and pickup trucks) affected by the ruling will need improved pedestrian AEBs that can be effective in daylight and at night.

Unsurprisingly, the ruling at the time got plenty of push-back from the industry, but the National Highway Traffic Safety Administration (NHTSA) upheld its decision with the expectations that compliance be met by September 1, 2029 (low volume manufacturers were given a year extension). The ongoing argument by the AAI over the new rules is that present technology cannot meets the high standards made by the agency. Testing of current AEB safety suites have found 100% effectiveness in avoiding forward collisions at up to 35 mph.

According to the NHTSA, increasing AEB capabilities to react at 62 mph can prevent 24,000 lives and stop 360 fatalities annually. However, if improving road safety is truly the agency's goal, then the new rules could merely be the tip of the iceberg. We're sure car makers can get their in-car tech up to snuff, but the fact of the matter is that braking effectiveness is reliant on frictional forces (tires and road surface conditions) as much as weight. With cars in the U.S. developing a serious weight problem, averaging a whopping 4.330 lbs (and growing), AEBs activating at near highway velocities could prove to be disastrous. There's less margin for error when AEB-equipped cars are operating around tailgaters, passing, and other vehicles without modern safety tech. That's also ignoring any AEB false positive events.