The Federal Motor Carrier Safety Administration is moving forward with an ongoing exemption that allows autonomous trucking companies to use cab-mounted warning beacons in lieu of traditional warning devices.
FMCSA announced in a Federal Register notice publishing Friday, Oct. 9, that it is granting a five-year exemption to Aurora Operations and other autonomous truck operators who simply opt in to the exemption. Specifically, FMCSA’s notice exempts the companies from compliance with the warning-device placement requirements, the steady-burning lamp requirements, and the requirements for the types and number of warning devices.
The agency’s move follows an Oct. 5 order from the 7th Circuit Court of Appeals that denied a cargo van operator’s requests for an immediate administrative stay, stay pending review, and expedited proceedings related to FMCSA’s issuance of waivers to Aurora and other companies since last October.
In that case, Illinois-based operator Kostas Giannoulias claimed FMCSA had not followed proper procedure in granting a number of three-month waivers while it weighed potentially granting a full five-year exemption.
FMCSA defended its moves in court, poking holes in Giannoulias’ argument that he would face “irreparable harm” by the waivers being allowed -- which must be proven in court to obtain a stay.
A panel of three 7th Circuit Court of Appeals judges denied Giannoulias’ request without further comment.
[Related: Operator mounts legal challenge to FMCSA's autonomous truck warning-device waiver]
FMCSA’s five-year exemption
In granting the five-year exemption to Aurora and other autonomous truck operators, FMCSA said it believed granting the exemption would result in an equal or greater level of safety than not having the exemption in place.
When it denied Aurora’s 2024 request that would have applied industry-wide relief, FMCSA said the company didn’t include limitations, such as the notification to FMCSA of other companies operating under the exemption and annual reports to the agency.
“In contrast, this exemption requires any motor carrier, other than Aurora, to provide written notification to FMCSA prior to commencing operations covered by the exemption,” the agency said. “Furthermore, to enable FMCSA’s effective oversight, motor carriers must submit an annual report detailing any malfunctions, power issues, or other instances where the beacons did not operate in accordance with the exemption.”
[Related: Driverless trucking in 'first innings,' but fears rise of a blowout game]
FMCSA added that Aurora’s first request “did not suggest prohibiting higher risk operations,” yet the granted exemption request prohibits operations that would otherwise require a Hazmat (H), Hazmat and Tanker combo (X), Passenger (P), or School Bus (S) endorsement if a human driver were present.
The exemption also clears up ambiguity around the warning beacons that will be used “by including technical specifications that mandate SAE J595 photometric performance standards, dictate specific mounting locations, and require a redundant source of power for the cab-mounted beacons to prevent single-point power failures of the beacons,” FMCSA said.
Under terms of the granted exemption, beacons must activate as soon as possible, but in any event within five minutes, whenever the CMV is stopped on the traveled portion or the shoulder of a highway for any cause other than necessary traffic stops (whenever placement of warning devices would be required under current regulations). The beacons must also remain flashing for the entire duration of the stop, from the initial stop until the vehicle reinitiates movement or the vehicle is recovered.
Owner-Operator Independent Drivers Association President and CEO Todd Spencer issued a statement calling the five-year exemption a "corporate carve-out" that "sets a troubling precedent. Relaxing safety standards for the AV industry, which fights tooth and nail against even minimal transparency and accountability, should alarm all highway users."
Spencer added that he hoped "this isn’t the start of a new trend at FMCSA, where tech profits are prioritized over highway safety and the livelihood of American truckers. We urge the agency to take a different approach in future requests. ... Exceptions to safety regulations must be based on sound evidence, not the needs of Silicon Valley technocrats and their investors."
OOIDA lodged formal opposition to the use of warning beacons in official comments to the regulatory docket, the association noted.
The exemption is effective as of Oct. 7 and is valid through Oct. 7, 2031, unless revoked by the agency sooner as a result of safety-related or other issues.
[Related: FMCSA clearing path for autonomous rigs with recent waiver?]
