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Feds Pump the Brakes on Autonomous Trucks

On a lonely stretch of Texas interstate between Dallas and Houston, the possible future of freight transportation is already rumbling down the road. But whether autonomous trucking becomes commonplace might depend on federal regulations that govern stationary trucks, rather than those that are on the move.

Aurora Innovation Inc. became the first company to put heavy-duty commercial self-driving trucks on public roads when it launched its Dallas-to-Houston route in
May. The company hopes to expand its routes to El Paso, Texas, and Phoenix by the end of the year. Aurora claims that its self-driving system can see objects that are as far as three football fields up the road,
even if there are other cars in the way and even in the pitch black of a rural Texas night.

Autonomous trucking could help lower shipping costs and ease the shortage of long-haul truck drivers. Unlike human drivers, who are required to take a 10-hour break for every 14 hours on the road (during which they can drive only for a maximum of 11 hours), Aurora’s trucks can move goods around the clock.

An obscure federal rule is slowing the self-driving revolution. When trucks break down, operators are required to place reflective warning cones and road flares around the truck to warn other motorists. The regulations are exacting: Within 10 minutes of stopping, three warning signals must be set in specific locations around the truck.

Aurora asked the federal Department of Transportation (DOT) to allow warning beacons to be fixed to the truck itself—and activated when a truck becomes disabled. The warning beacons would face both forward and backward, would be more visible
than cones (particularly at night), and wouldn’t burn out like road flares. Drivers of nonautonomous vehicles could also benefit from that rule change, as they would no longer have to walk into traffic to place the required safety signals.

In December 2024, however, the DOT denied Aurora’s request for an exemption to the existing rules, even though regulators admitted in the Federal Register that no evidence indicated the truck-mounted beacons would be less safe. Such a study is now underway, but it’s unclear how long it will take to draw any conclusions.

Both the courts and Congress have a chance to speed things along. In January, Aurora filed a lawsuit in federal court that seeks to overturn the DOT’s denial of its exemption request. The complaint calls the decision “arbitrary, capricious,” and an abuse of federal regulators’ discretion.

Meanwhile, Rep. Vince Fong (R–Calif.) has introduced a bill to allow truck-mounted warning beacons as “a permissible warning device,” among other changes meant to get more autonomous trucks on the road. Autonomous trucking’s expansion shouldn’t be stifled by federal regulators’ reluctance to embrace innovations in road safety.

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On April 12, 2021, a Knoxville police officer shot and killed an African American male student in a bathroom at Austin-East High School. The incident caused social unrest, and community members began demanding transparency about the shooting, including the release of the officer’s body camera video. On the evening of April 19, 2021, the Defendant and a group of protestors entered the Knoxville City-County Building during a Knox County Commission meeting. The Defendant activated the siren on a bullhorn and spoke through the bullhorn to demand release of the video. Uniformed police officers quickly escorted her and six other individuals out of the building and arrested them for disrupting the meeting. The court upheld defendants’ conviction for “disrupting a lawful meeting,” defined as “with the intent to prevent [a] gathering, … substantially obstruct[ing] or interfere[ing] with the meeting, procession, or gathering by physical action or verbal utterance.” Taken in the light most favorable to the State, the evidence shows that the Defendant posted on Facebook the day before the meeting and the day of the meeting that the protestors were going to “shut down” the meeting. During the meeting, the Defendant used a bullhorn to activate a siren for approximately twenty seconds. Witnesses at trial described the siren as “loud,” “high-pitched,” and “alarming.” Commissioner Jay called for “Officers,” and the Defendant stated through the bullhorn, “Knox County Commission, your meeting is over.” Commissioner Jay tried to bring the meeting back into order by banging his gavel, but the Defendant continued speaking through the bullhorn. Even when officers grabbed her and began escorting her out of the Large Assembly Room, she continued to disrupt the meeting by yelling for the officers to take their hands off her and by repeatedly calling them “murderers.” Commissioner Jay called a ten-minute recess during the incident, telling the jury that it was “virtually impossible” to continue the meeting during the Defendant’s disruption. The Defendant herself testified that the purpose of attending the meeting was to disrupt the Commission’s agenda and to force the Commission to prioritize its discussion on the school shooting. Although the duration of the disruption was about ninety seconds, the jury was able to view multiple videos of the incident and concluded that the Defendant substantially obstructed or interfered with the meeting. The evidence is sufficient to support the Defendant’s conviction. Defendant also claimed the statute was “unconstitutionally vague as applied to her because the statute does not state that it includes government meetings,” but the appellate court concluded that she had waived the argument by not raising it adequately below. Sean F. McDermott, Molly T. Martin, and Franklin Ammons, Assistant District Attorneys General, represent the state.

From State v. Every, decided by the Tennessee Court of Criminal Appeals…

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