Automakers challenge federal automatic emergency braking rule in court

The Alliance for Automotive Innovation says the rule goes too far, arguing the requirements exceed the limits of current technology. (3 min. read)

Author

Anna del Villar
January 20, 2025

The auto industry is squaring off with the federal government over a groundbreaking safety mandate. 

Driving the news: The Alliance for Automotive Innovation, representing nearly all major U.S. automakers except Tesla, has filed a lawsuit against the U.S. Transportation Department to block a rule requiring advanced automatic emergency braking (AEB) in all new vehicles by 2029.

Flashback: The National Highway Traffic Safety Administration (NHTSA) finalized the rule in April, mandating that cars must “stop and avoid contact” with vehicles at speeds up to 62 miles per hour and detect pedestrians day and night. The agency estimates this could save 360 lives and prevent 24,000 injuries annually.

The controversy: Automakers say the rule goes too far. Alliance CEO John Bozzella called it “practically impossible,” arguing the requirements exceed the limits of current technology.

“This litigation by Alliance for Automotive Innovation should not be interpreted as opposition to AEB, a lack of confidence in the technology, or an objection to AEB’s widest possible deployment across the U.S. vehicle fleet,” the Alliance said. “Rather, this litigation is about ensuring a rule that maximizes driver and pedestrian safety and is technologically feasible.”

Zooming in: Automakers argue they’ve made substantial progress in rolling out AEB systems, citing over $1 billion in investments and voluntary agreements that have equipped nearly all new vehicles with the technology ahead of schedule. 

  • But despite the Alliance’s request for revisions, the NHTSA rejected their petition in November, stating that lowering the standard would undermine the rule’s core purpose of prioritizing safety.

What they’re saying: Safety advocates are calling out the automakers’ resistance. 

“It is profoundly disappointing that automakers are suing to block this lifesaving automatic emergency braking rule. AEB performance among new vehicle models is uneven. This rule is needed because everyone on our roads should be able to benefit from automatic emergency braking systems that meet reasonable minimum standards,” said William Wallace of Consumer Reports.

Cathy Chase, president of Advocates for Highway and Auto Safety, labeled the rule “the most impactful regulation for roadway safety issued in years.” She added, “It is remarkable that [automakers] would be unable to meet the requirements in the AEB Rule by September 2029.”

Looking ahead: The incoming Trump administration could repeal or revise the AEB rule. But if or until then, the Transportation Department has 40 days to submit the administrative record to the D.C. Circuit which will then set a briefing schedule.

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