The National Highway Traffic Safety Administration has opened rulemaking to eliminate the manual brake pedal requirement for vehicles designed to operate exclusively under automated driving systems — the fifth Federal Motor Vehicle Safety Standard the agency has moved to update under its Automated Vehicle Framework. The proposed change to FMVSS No. 135 would remove the mandate for hand- and foot-operated brake controls in vehicles built without any provision for a human driver, while leaving existing rules in place for ADS-equipped vehicles that keep manual controls. Other braking performance requirements, including stopping distance standards, would be preserved under the proposed rule. NHTSA said the update is intended to confirm that an automated vehicle can physically stop when commanded.
Highlights
- The rulemaking is NHTSA’s fifth FMVSS update under its Automated Vehicle Framework, this one targeting FMVSS No. 135 on braking systems.
- The proposal removes hand- and foot-operated brake control requirements only for vehicles designed never to be driven by a human.
- Affected vehicles must still meet the same stopping distance performance criteria, verified through alternative testing procedures.
- Earlier framework updates covered transmission shifting (FMVSS 102), windshield defrosting and wiping (103/104), and tire placards (110).
What the Proposed Rule Changes
FMVSS No. 135 currently requires hand- or foot-operated brake controls. The rulemaking would lift that requirement for vehicles designed never to be operated by a person, while keeping it in force for ADS-equipped vehicles that retain manual controls. NHTSA compared the brake pedal to equipment such as windshield wipers and rearview mirrors — features a vehicle does not need when no human will ever drive it.
All affected vehicles would still have to meet the same stopping distance performance criteria, demonstrated through alternative testing procedures. The agency said it is separately developing safety performance requirements for AVs in real-world driving scenarios. NHTSA added that it will continue to use its defect enforcement authority to investigate unsafe ADS behavior and oversee recalls.
NHTSA Administrator Jonathan Morrison tied the proposal to a wider regulatory overhaul. “We are at the cusp of the greatest technological revolution in vehicle technology since the innovation of the Model T,” Morrison said. “If we want America to lead the way, we have to reimagine our regulatory framework. That’s why under Secretary Sean Duffy’s AV Framework, NHTSA is tearing down pointless barriers to innovative designs while strengthening the fundamental safety requirements that matter and holding AV developers accountable for safe performance. This approach will ultimately reduce roadway crashes, prevent fatalities, and increase mobility.”
How the Braking Update Fits the AV Framework
The braking proposal, announced this week, is the latest in a series of actions under the Department of Transportation’s Automated Vehicle Framework. It follows earlier rulemakings that proposed updating standards for transmission shifting, windshield systems, and vehicle lighting for cars without manual controls. NHTSA listed the following progress under the framework:
- Exemptions: Streamlined the Automated Vehicle Exemption Program (AVEP) and Part 555 exemption programs for demonstration and commercial fleets, and expanded AVEP to include domestic vehicles.
- Safety standards: Proposed updates to standards covering transmission shifting (FMVSS 102), windshield defrosting and wiping (103/104), tire placards (110), and now braking (135). The agency said that once these are complete, individual vehicle exemptions may no longer be necessary.
- Competency standards: Began developing performance standards for AVs intended to meet the Vehicle Safety Act’s objectivity requirements.
- Safety guidance: Began drafting the first major federal safety guidance for AV developers since 2017, working with industry and safety experts.
- Industry engagement: Convened a National AV Safety Forum with automotive and technology safety stakeholders.
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