Automakers Sue to Block Biden’s Flawed Automatic Emergency Braking Rule: What You Need to Know

The automotive industry is taking legal action to block the Biden administration’s controversial new rule that mandates the installation of Automatic Emergency Braking (AEB) systems in all vehicles by 2029. This lawsuit, filed in the U.S. Court of Appeals for the D.C. Circuit by the Alliance for Automotive Innovation (AAI), challenges the new regulation which requires vehicles to be equipped with advanced safety technologies designed to prevent accidents. While the rule is aimed at improving road safety and reducing fatalities, the auto industry argues that it is flawed and technologically unfeasible within the proposed timeline.


In this article, we will explore the details of the lawsuit, the implications of the new rule, the reactions from both the automakers and consumer advocates, and the broader context of this pivotal legal battle for the future of automotive safety technology.

The New Automatic Emergency Braking Rule: What Does It Require?

The new rule, finalized by the National Highway Traffic Safety Administration (NHTSA) in late 2024, mandates that all new vehicles, including passenger cars and light trucks, be equipped with Automatic Emergency Braking (AEB) systems by September 2029. AEB is a technology that automatically applies the brakes to avoid or mitigate a collision, with the goal of preventing accidents before they happen.

Under the rule, automakers must ensure that AEB systems can detect and respond to potential collisions with other vehicles, pedestrians, and even cyclists. Specifically, the rule requires that AEB systems:

  • Detect and respond to a collision risk with a lead vehicle at speeds up to 62 mph.
  • Automatically apply the brakes at speeds of up to 90 mph when a crash with a lead vehicle is imminent.
  • Detect pedestrians and apply brakes automatically up to 45 mph, even in low-light conditions.

The goal of the rule is to significantly reduce fatalities and injuries caused by rear-end collisions, one of the most common types of accidents on U.S. roadways. According to NHTSA, this new regulation will prevent hundreds of deaths and tens of thousands of injuries each year, making it one of the most significant safety regulations in recent years.

The Lawsuit: Automakers Argue the Rule is "Flawed"

Despite the potential safety benefits, the Alliance for Automotive Innovation, which represents the interests of major automakers such as Ford, General Motors, Toyota, Stellantis, Hyundai, and Volkswagen, has filed a lawsuit to block the implementation of the rule. The organization argues that the rule is “flawed” and should be repealed, citing several key concerns:

  • Technological Feasibility: The automakers claim that current AEB technology is insufficient to meet the standards outlined in the rule. The industry argues that the requirements for high-speed automatic braking and pedestrian detection in various conditions, including low-light environments, are too demanding for existing systems. AAI further contends that many manufacturers will struggle to develop such advanced systems by the 2029 deadline, particularly given the high costs associated with research, development, and implementation.
  • Unachievable Timelines: Automakers argue that the timeline set by the rule is too aggressive. Despite having already invested over a billion dollars in developing AEB systems, industry representatives believe that the rule’s technology requirements will be difficult to meet within the five-year window leading up to the 2029 deadline. They stress that while AEB is an important safety feature, the timeline may force manufacturers to rush technological development, potentially compromising the quality and effectiveness of these systems.
  • Alternative Solutions: The auto industry also contends that a voluntary agreement, which had been in place prior to the mandatory rule, would have been a more effective and flexible approach. In 2015, automakers voluntarily pledged to make AEB standard on new vehicles, with the goal of equipping all vehicles with the technology by 2022. AAI suggests that the government should have continued to support voluntary adoption of AEB systems instead of implementing a rigid mandate.
  • Inflexibility in the Rulemaking Process: The Alliance for Automotive Innovation claims that NHTSA rejected many of its proposed modifications during the rulemaking process. The group argues that the final rule does not take into account technological limitations and real-world considerations, such as variations in road conditions, weather, and pedestrian behavior. The lawsuit asks the court to review and potentially overturn the rule in favor of a more achievable and technologically feasible approach.

NHTSA’s Defense: The Need for Technology-Forcing Regulations

In response to the automakers' petition for reconsideration, NHTSA has staunchly defended the rule, insisting that it is both practical and necessary to save lives. The agency acknowledges that the rule is “technology-forcing” — meaning that it pushes automakers to develop and adopt new technologies that will ultimately improve road safety.

NHTSA has emphasized that the new regulation is a critical step in addressing the growing number of traffic fatalities in the U.S. The agency argues that AEB systems have the potential to significantly reduce rear-end crashes and pedestrian fatalities, which are among the most preventable types of accidents. By imposing a nationwide mandate, NHTSA believes it can drive uniformity in vehicle safety standards, ensuring that all vehicles on the road are equipped with life-saving technology.

Furthermore, NHTSA’s response highlights the flexibility of the rule, pointing out that no single vehicle model is required to meet every provision of the rule at once. The agency maintains that automakers have the capability to meet the standards, even if certain vehicle models may need additional time or upgrades to do so.

Consumer and Safety Advocates Respond to the Lawsuit

While automakers argue that the AEB rule is technologically infeasible, consumer and safety advocates are strongly in favor of the regulation. Cathy Chase, president of Advocates for Highway and Auto Safety, called the lawsuit “profoundly disappointing.” She emphasized that the rule is one of the most impactful regulations for roadway safety in years and that automakers should not be fighting against it. Chase pointed out that the automotive industry is the largest manufacturing sector in the U.S., contributing significantly to the economy and employing millions of workers. She expressed disbelief that such a powerful sector would be unable to meet the AEB requirements by 2029.

William Wallace, director of safety advocacy at Consumer Reports, also criticized the lawsuit, arguing that the automakers' opposition to the rule undermines efforts to improve road safety. Wallace noted that while AEB technology is already available on many new vehicles, performance varies significantly between different models. He stressed that this rule is essential to ensuring that every vehicle on the road is equipped with AEB systems that meet reasonable minimum safety standards.

The Broader Implications: The Future of Automotive Safety

The outcome of this lawsuit will have far-reaching implications for the future of automotive safety. If the court sides with the automakers, the AEB rule could be delayed or overturned, potentially setting back efforts to make roads safer. On the other hand, if the court upholds the rule, it could accelerate the development and deployment of advanced safety technologies, improving vehicle safety for all road users.

The lawsuit also underscores the ongoing tension between innovation and regulation in the automotive industry. While manufacturers have made significant strides in developing new safety features, including AEB, there is often a reluctance to adopt new regulations that could increase costs or impose additional technical challenges. However, with road safety remaining a top priority for regulators, it is likely that technology-forcing regulations like the AEB mandate will become more common in the future.

Moreover, the case highlights the broader debate over government intervention in technological development. Some critics argue that overly strict regulations stifle innovation, while others contend that such mandates are necessary to ensure public safety. In the case of AEB, the ultimate question is whether the technology is ready to meet the ambitious standards outlined by the rule and whether the automakers can develop it in time.

Conclusion: The Future of Automatic Emergency Braking

The lawsuit filed by the Alliance for Automotive Innovation to block the Biden administration’s automatic emergency braking rule has raised important questions about the future of automotive safety technology. While the rule aims to save lives and prevent injuries, the auto industry argues that it is flawed and technologically unfeasible. Consumer advocates, however, argue that the rule is a critical step in improving road safety and that automakers should rise to the challenge of developing these life-saving systems.

As the legal battle continues, the ultimate outcome will have significant implications for the development and deployment of safety technologies in the automotive industry. It will also serve as a pivotal moment in the ongoing discussion about the role of government regulation in shaping the future of transportation. Whether the rule is upheld or overturned, it is clear that the future of vehicle safety is at a crossroads, with both technological innovation and regulatory oversight playing key roles in determining how safe our roads will be in the years to come.

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