The most challenging part of FMVSS 127 is the Night-Time Pedestrian Automatic Emergency Brake (PAEB) test, which, unlike the EU's new AEB regulation, must operate in complete darkness. According to NHTSA, more than 70 percent of pedestrians are struck and killed by motorists at night.
Protecting pedestrians at night is “likely to require further advances and developments in sensor technologies,” says Nadine Wong, director of track testing at Independent Testing Company's Dynamic Research. Dynamic Research operates from a test track 15 miles north of Bakersfield, California and already conducts FMVSS 127 testing for customers. “We know that there are currently vehicles available that are already close to achieving the standard,” Wong said.
NHTSA acknowledges that FMVSS 127 is “technology forcing,” but emphasizes that the “standard is possible.”
While the industry would be on the hook for $354 million in mostly software development costs, American society would benefit from up to $7.26 billion, says NHSTA, citing costs for the “negative externalities” of serious auto- accidents such as emergencies such as emergencies such as emergencies such as emergencies such as emergencies such as Call-outs for service, medical care, insurance administrative costs, workplace costs and legal costs.
“Given that automaking is America's largest manufacturing sector, employing 10 million Americans, generating 5 percent of U.S. GDP and driving $1 trillion into the economy annually,” says Chase, “it's remarkable that [the auto industry] would not be able to meet the requirements in the AEB rule by September 2029.”
In a press statement, Consumer Report Director William Wallace agreed: “It is deeply disappointing that automakers are suing to block this life-saving automatic emergency braking rule.”
Shaun Kildare, research director at the Advocates for Highway and Auto Safety, agrees. “When they say, 'It's impracticable, we can never meet this standard,' it's incorrect because some car companies already sell vehicles in the U.S. that do it,” he says, “and they certainly sell vehicles abroad that do it . [Auto companies] I just don't want to pay for it on every vehicle. “
Still, the alliance's Bozzella has called FMVSS 127 a “disastrous” rule that will “endlessly – and unnecessarily – frustrate drivers [and] Making vehicles more expensive. Somewhat strangely, Bozzelella also claims that the stricter standard, even more difficult, even than the equivalent in EU, “will not really improve driver or pedestrian safety.”
However, the alliance's lawsuit should fail, Chase says. “NHTSA is risk averse. They like everything knotted. They would not have practiced this rule if they thought it could be easily challenged. '
Late last year, NHTSA released a series of studies showing that more than 860,000 lives have been saved by federal motor vehicle safety standards since 1968. Front air bags alone have saved more than 50,000 lives over a 30-year period, NHTSA estimates.
President Trump has nominated Steven Bradbury as Secretary of Transportation. Bradbury is a fellow at Right-Wing Think Tank The Heritage Foundation, which wrote Project 2025, a 900-page blueprint for the government that Trump rejected during the election.
Project 2025 transportation plans include reducing fuel economy standards and removing highway spending from pedestrian and bicycle projects. Project 2025 also favored smaller government and fewer regulations, a demand likely to be loaded by Elon Musk's Department of Government Efficiency or Doge.
It's unclear what President Trump, the Dot or Doge will do with FMVSS 127, but, says Norton, author also of a book on autonomous driving, “if we can't get automakers to accept it for safety, then we'll expect them to be serious about fully robotic cars. ”
