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Auto industry group sues to stop lifesaving automatic emergency braking rule: Consumer Reports statement

WASHINGTON, D.C. — Consumer Reports issued the following statement today in response to the news that the Alliance for Automotive Innovation, an industry group representing auto manufacturers and suppliers, has sued the U.S. Department of Transportation to stop a rule by the National Highway Traffic Safety Administration (NHTSA) that would make automatic emergency braking (AEB) a standard feature in all new passenger vehicles by September 1, 2029, and set strong performance requirements for the technology. Consumer Reports strongly supports the rule.

William Wallace, CR’s director of safety advocacy, said, “It is profoundly disappointing that automakers are suing to block this lifesaving automatic emergency braking rule. Car companies have brought impressive safety technology to our roads, but 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. 

“People should be able to trust that if their car has AEB, it will work reliably at various speeds, during the day and at night, and when it detects a pedestrian. NHTSA already has shown it is feasible today to meet this baseline, yet the agency still gave automakers five full years of lead time to bring lower-performing AEB systems into compliance.

“These automakers had an opportunity to put safety first by choosing to accept the new rule and focus on rolling out advanced technology across their fleets. Today they have chosen otherwise.”

The lawsuit comes at a time when traffic deaths remain unacceptably high, with over 40,000 lives lost annually on U.S. roads and pedestrian fatalities near record levels. The AEB rule is a critical step toward reversing these trends.

CR has long advocated for robust AEB requirements, including by submitting detailed recommendations to NHTSA and gathering support from more than 24,000 consumers who signed a petition urging the agency to finalize the strongest possible standards. While nearly all new vehicles today include some form of AEB, and AEB has been proven effective at reducing frontal crashes and preventing pedestrian fatalities, performance varies widely. Many systems do not reliably perform at higher speeds or operate effectively to protect pedestrians at night. The NHTSA rule sets clear benchmarks for AEB systems and addresses critical performance gaps to ensure these systems better protect consumers. 

To encourage manufacturers to put safety first, CR’s ratings award higher scores to vehicles with standard AEB and pedestrian detection. Only vehicles with advanced AEB systems — including those capable of functioning at highway speeds — are eligible for CR’s annual Top Picks for autos.

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Contact: Michael McCauley, michael.mccauley@consumer.org

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