WASHINGTON — Federal regulators ruled that autonomous trucking did not provide enough data backing a request to allow traditional warning devices used in roadside breakdowns to be replaced by cab-mounted beacons.
Waymo LLC and Aurora Operations (NASDAQ: AUR) filed a petition in 2023 with the Federal Motor Carrier Safety Administration seeking an exemption – on behalf of the autonomous trucking industry – from rules requiring drivers to display ground-based reflective signs or road flares when a truck is stopped on a highway or shoulder.
Such a requirement is not feasible, the companies contended, when no human is on board to deploy traditional warning devices.
Their application, however, “does not provide sufficient details about proposed alternative devices, and the limited data presented does not support a likely equivalent level of safety for a national, industry-wide exemption for all companies operating autonomous CMVs [commercial motor vehicles],” FMCSA Deputy Administrator Vinn White ruled in a denial notice posted on Thursday.
White emphasized that studies submitted by each of the companies failed to fully support whether approaching motorists were sufficiently warned of a stopped truck by cab-mounted beacons.
“One distinction between … warning triangles and the proposed beacons is that warning triangles are placed at the rear of a stopped CMV (in addition to the front), while the proposed beacons are located only at the front of the cab — raising the possibility that drivers see the rear of a stopped CMV before they see the beacons,” White stated. “While applicants contend that the beacons are visible from behind the vehicle, the evidence was inconclusive.”
(Months after applying for the exemption, Waymo announced in July 2023 that it was backing out of trucking to focus on driverless ride-hailing services.)
The decision is a win for safety and labor advocates – as well as owner-operator representatives – who had argued against the exemption.
“The burden is on ADS [automated driving systems] manufacturers and interested carriers to prove to the public and DOT that this technology can work safely at scale,” said Zach Cahalan, executive director of the Truck Safety Coalition, in comments filed in response to the petition.
“The paucity of data requires that DOT not unnecessarily risk the lives of the 200+ million roadway users who never agreed to be part of this experiment.”
Owner-Operator Independent Drivers Association President and CEO Todd Spencer cited a lack of a proper backup system if cab-mounted lights failed. “Reflective triangles and flares are not reliant on technology systems that are so vulnerable to disruptions,” Spencer warned.
In addition to accusing Waymo and Aurora of a “single-minded effort to decrease the number of jobs” while disregarding safety, Greg Regan, president of the Transportation Trades Department of the AFL-CIO, called their application a “highly unorthodox request” because it would apply to all ADS-equipped trucks.
FMCSA acknowledged Regan’s concern, pointing out that it grants industrywide exemptions “only on a very limited basis,” according to the agency.
“Applicants present little data on the effect such a broad exemption would have on overall safety, particularly considering the unknown group of autonomous CMV operators at issue, the unknown fleet sizes, and potential differences among them in implementation and operations.”
FMCSA left the door open for a future exemption if more data becomes available.
“If applicants can reasonably address the reasons for the denial, applicants may resubmit an exemption application,” White stated.
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