National Association of Mutual Insurance Companies Issues Public Comment to DOT

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WASHINGTON, Sept. 5 -- Thomas J. Karol, General Counsel - Federal, National Association of Mutual Insurance Companies, Indianapolis, Indiana, has issued a public comment to the U.S. Department of Transportation of Transportation. The comment was written and posted on Aug. 29, 2023.

The comment, on Docket Nos. NHTSA-2023-0023 and FMCSA-2022-0171, was sent to Robin Hutcheson, Administrator, Federal Motor Carrier Safety Administration.

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On July 6th, 2023, the Federal Motor Carrier Safety Administration ("FMCSA") published in the Federal Register a Notice of proposed rulemaking ("NPRM") to adopt a new Federal Motor Vehicle Safety Standard (FMVSS) to require automatic emergency braking ("AEB") systems on heavy vehicles, i.e., vehicles with a gross vehicle weight rating greater than 4,536 kilograms (10,000 pounds). This notice also proposes to amend FMVSS No. 136 to require nearly all heavy vehicles to have an electronic stability control system that meets the equipment requirements, general system operational capability requirements, and malfunction detection requirements of FMVSS No. 136. (the "NPRM").

The NPRM also proposes to amend FMVSS No. 136 to require nearly all heavy vehicles to have an electronic stability control ("ESC") system. Additionally, the FMCSA is proposing new Federal Motor Carrier Safety Regulations ("FMCSRs") requiring ESC and AEB systems to be on at all times during vehicle operation and that the systems be inspected and maintained.

The National Association of Mutual Insurance Companies ("NAMIC") welcomes the opportunity to comments on the Notice. NAMIC is the largest property/casualty insurance trade group with a diverse membership of more than 1,500 local, regional, and national member companies, including seven of the top ten property/casualty insurers in the United States. NAMIC members lead the personal lines sector representing 55 percent of the auto market. Through our advocacy programs we promote public policy solutions that benefit NAMIC member companies and the policyholders they serve and foster greater understanding and recognition of the unique alignment of interests between management and policyholders of mutual companies.

NAMIC supports this proposed rulemaking, which would annually prevent a NHTSA-estimated 19,118 crashes, save 155 lives, and reduce 8,814 non-fatal injuries once all vehicles covered in the rule are equipped with AEB and ESC. We are pleased that NHTSA plans on expanding the scope of the requirement for ESC and AEB to all commercial motor vehicles ("CMV") over 10,000 pounds, including school buses, single-unit trucks, and medium-size buses.

NAMIC is supportive of this proposed rulemaking and encourages NHTSA and the FMCSA to move forward as quickly as possible and we encourage these agencies to develop additional performance requirements to further enhance the collision avoidance capabilities of CMVs. With this suggestion of enabling these provisions as soon as possible, we do suggest that the proposed timelines for AEB implementation - which NHTSA and FCSA acknowledge to be proven lifesaving technology - allowing for extension into 2029 or later for certain manufacturers are too long. All of the needed technology exists today and three years seems more than reasonable for safety purposes.

If you have any questions or require further information, please contact me at tkarol@namic.org. Thank you for your time and consideration.

Thomas J. Karol

General Counsel - Federal

National Association of Mutual Insurance Companies

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Original text here: https://downloads.regulations.gov/FMCSA-2022-0171-0317/attachment_1.pdf

TARGETED NEWS SERVICE (founded 2004) features non-partisan 'edited journalism' news briefs and information for news organizations, public policy groups and individuals; as well as 'gathered' public policy information, including news releases, reports, speeches. For more information contact MYRON STRUCK, editor, editor@targetednews.com, Springfield, Virginia; 703/304-1897; https://targetednews.com