The U.S. Consumer Product Safety Commission (CPSC) recently found Amazon to be a “distributor” with product liability responsibility for products sold on its website. In a July 29, 2024, ruling, the CPSC said Amazon is legally responsible for over 400,000 allegedly hazardous items sold by third-party sellers on its site. Amazon.com, Inc., CPSC Dkt. No. 21-2 (July 29, 2024). This decision and order adopted many, but not all, of the determinations made by an administrative law judge during an administrative proceeding in 2023, highlighting public safety as paramount. Read the full Alert on the Duane Morris website.
Regulations for Automatic Emergency Braking Technologies Delayed by NHTSA and FMCSA
By Jim Steigerwald, Harry Byrne, and Ryan Monahan
The potential for rulemaking in 2024 from the National Highway Traffic Safety Administration (NHTSA) and the Federal Motor Carrier Safety Administration (FMCSA) has been deferred to 2025 at the earliest, including on key state-of-the-art technologies such as automatic emergency braking (AEB) in heavy and medium-duty trucks. The NHTSA and FMCSA intended initially to publish a final rule to require and/or standardize equipment performance for AEBs on trucks with a gross vehicle weight rating of more than 10,000 pounds by April 2024. That has now been pushed to January 2025, at the earliest. The delay is despite the fact that the Notice of Proposed Rulemaking comment period ended nearly two years ago, in September 2023.
Bottom line: Manufacturers, fleet operators, and commercial vehicle owners have faced increasing products liability litigation in recent years for alleged negligence in “failing to equip” vehicles with AEBs. The recent deferral shows that significant rule making regarding advanced automatic technologies in heavy vehicles will remain ongoing as the government continues to study the technology and evaluate a potential mandate in heavy and medium-duty trucks. While commercial vehicle manufacturers continue to develop and innovate in this space, the NHTSA and FMCSA continue to take a hands-off approach and have still yet to mandate this technology in heavy and medium-duty trucks.