In a detailed 238-page Notice of Proposed Rulemaking (NPRM), the National Highway Traffic Safety Administration (NHTSA) has proposed a new safety regulation that would make sure passenger vehicles reduce the risk of serious injuries or deaths for both children and adults in pedestrian accidents.1
This proposal is based on international guidelines for pedestrian safety, with “focused enhancements to address safety problems and a regulatory framework unique to the United States.”
New Standards for Improving Vehicle Safety for Pedestrians
The NPRM is part of a “multi-step approach” to make vehicles safer for pedestrians. According to the NPRM, here are the proposed standards:
Pedestrian Safety Standard
First, this NPRM aims to start the process of adopting Global Technical Regulation No. 9 (GTR 9), which focuses on pedestrian safety, into U.S. safety standards.
The new Federal Motor Vehicle Safety Standard (FMVSS) No. 228 would set a pedestrian safety standard in the U.S.
This means that all vehicles weighing 10,000 pounds or less, including certain light trucks like big pickups and SUVs that are more common here than elsewhere, will be designed to reduce the risk of serious head injuries to pedestrians.
Regulatory Counterpart to NHTSA’s Pedestrian Protection Testing Program in NCAP
Second, the standard would support NHTSA’s upcoming pedestrian protection tests in the New Car Assessment Program (NCAP). According to the NPRM, NHTSA asked for comments on adding these tests to NCAP last May 26, 2023.
This program would build on the proposed FMVSS No. 228 and include more advanced crash tests.
While NCAP can enhance safety, it cannot replace FMVSS. The FMVSS are mandatory safety standards that all new vehicles must meet and NHTSA’s main way of ensuring that all vehicles meet required safety levels in a timely manner.
Growth & Expansion of Automatic Emergency Braking (AEB) Technologies
Third, this proposal for FMVSS No. 228 is designed to go along with the growth of automatic emergency braking (AEB) technologies. An AEB system uses different sensors and parts to detect when a crash is about to happen.
If the driver hasn’t braked, the system will automatically apply the brakes or add extra braking force to help.
Pedestrian AEB (PAEB) systems are designed to automatically stop the vehicle before hitting a pedestrian or to slow down the vehicle if it’s moving too fast to avoid a collision.
The NPRM also includes specific improvements to tackle safety issues and is designed for the U.S. This proposal also supports the goals of the DOT’s January 2022 National Roadway Safety Strategy, which outlines five main objectives: “safer people, safer roads, safer vehicles, safer speeds, and post-crash care.”
What Types of Vehicles Will Be Affected?
FMVSS No. 228 would prevent vehicles from going over a certain HIC level in tests that simulate a head hitting the hood. This standard aims to protect both children and adults when they are struck from the side, which is a common type of accident.
The hoods must be designed to absorb and manage the force of a pedestrian’s head during a collision.
The proposed rule, FMVSS No. 228, would apply to passenger cars, multipurpose vehicles (MPVs), trucks, and buses that weigh 10,000 pounds or less, except for vehicles with very short front ends. It would also apply to vehicles that can drive in either direction.
As per the NPRM, the NHTSA found that at least one full-size cargo van, the Ford Transit, might be excluded from this rule (p.38).
Many small and full-size cargo and passenger vans have a similar design with a short hood and seating that is close to the front wheels. This suggests that most of the vehicles likely to be excluded are small and large vans.
Some examples of vehicles that would apply to this ruling include the 2016 Honda Fit, 2016 Nissan Rogue, and 2002 Jeep Wrangler as listed in the document (p. 39). These vehicles share the design characteristics mentioned, making them relevant to the proposed rule.
When Would The New Regulation Be Enacted?
The NHTSA announced its proposal on September 8 and is open for feedback and comments. If the rules are finalized, they would start on September 1, two years after they are published in the Federal Register.
You can also choose to follow the regulation early if you want. If you’re a final-stage manufacturer or alterer, you would get an extra year to meet the requirements.
This means that once the rules are in place, you’ll have time to adjust your products and practices to follow the new guidelines. If you’re able to start early, you can get ahead and make any necessary changes sooner.
This can help ensure that your vehicles meet safety standards and may give you a competitive edge in the market.
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Nancy Maffia
Nancy received a bachelor’s in biology from Elmira College and a master’s degree in horticulture and communications from the University of Kentucky. Worked in plant taxonomy at the University of Florida and the L. H. Bailey Hortorium at Cornell University, and wrote and edited gardening books at Rodale Press in Emmaus, PA. Her interests are plant identification, gardening, hiking, and reading.
