Products Liability Law Daily Wrap Up, PROPOSED RULES—MOTOR VEHICLE EQUIPMENT—NHTSA extends comment deadline for ADS brake systems proposal, (Jul 28, 2026)

By WK Editorial Staff

Comments are now due by August 26, 2026.

The National Highway Traffic Safety Administration has extended by 30 days the public comment period for a proposed rule that would update Federal Motor Vehicle Safety Standard (FMVSS) No. 135, governing light vehicle brake systems, to accommodate vehicles equipped with automated driving systems. The comment period, originally scheduled to close July 27, 2026, will now remain open until August 26, 2026 (NHTSA Extension of comment period, 91 Fed. Reg. 47193 (July 28, 2026)).

The proposed rule would amend the brake-system standard to distinguish how regulatory requirements apply to vehicles with and without manually operated driving controls. The proposal would clarify definitions, telltale requirements, performance requirements, and testing procedures, while removing provisions that are no longer relevant. The agency said stopping-distance performance requirements, which address the standard’s primary safety purpose, would continue to apply to all subject vehicles.

The extension was granted in response to a request from Varnum LLP. The law firm said the proposal addresses highly technical subject matter and raises novel issues that require additional time for review and comment preparation. Varnum said an extension would allow it to advise clients in developing comprehensive comments on the proposal.

NHTSA determined that the firm demonstrated good cause for an extension and that granting additional time was consistent with the public interest. The agency said the 30-day extension balanced the need to provide stakeholders sufficient time to comment with its interest in obtaining timely feedback on the proposal.

RegulatoryActivity: ProposedRules MotorVehiclesNews