FMCSA seeks more feedback on automated driving systems

The Federal Motor Carrier Safety Administration needs more information before it can move forward with a rulemaking on automated driving systems.

FMCSA is scheduled on Wednesday, Feb. 1, to publish a supplemental advance notice of proposed rulemaking regarding the safe integration of automated driving system-equipped commercial motor vehicles.

The agency originally issued an advance notice of proposed rulemaking on automated systems in 2019 and was projected to release a notice of proposed rulemaking this month. However, the supplemental advance notice indicates the agency needs more information before it can forward with a formal proposal.

“FMCSA previously published an advance notice of proposed rulemaking on May 28, 2019, seeking comments on Federal Motor Carrier Safety Regulations that may need to be amended, revised, or eliminated to facilitate the safe introduction of ADS-equipped commercial motor vehicles onto the nation’s roadways,” the agency wrote. “FMCSA continues to consider amendments to the (regulations) to ensure the safe integration of ADS-equipped CMVs into interstate motor carriers’ operations and issues this (supplemental advance notice) to request additional information.”

The supplemental notice asks for the public to provide feedback in three areas.

• Notification by motor carriers operating level 4 or 5 automated driving system-equipped commercial motor vehicles
• Oversight for remote assistants
• Vehicle inspection and maintenance

Notification

FMCSA is considering establishing a requirement for motor carriers to notify that they will operate autonomous vehicles in interstate commerce without a human driver behind the wheel. The agency seeks comment on regulatory approaches that would “enable it to obtain relevant safety information and the current and anticipated size of the population of motor carriers operating ADS-equipped commercial motor vehicles.”

The agency is asking the public several questions on the topic, including:

• Should FMCSA require motor carriers operating Level 4 or 5 automated driving system-equipped commercial motor vehicles to notify FMCSA before operating those vehicles in interstate commerce without a human driver behind the wheel? If so, what potential methods or procedures should be established to notify FMCSA of those operations?
• Before operating in interstate commerce, should motor carriers be required to submit information, data, documentation, or other evidence that demonstrates to FMCSA that motor carriers seeking to operate Level 4 or 5 automated driving system-equipped commercial motor vehicles have appropriate safety management controls in place to operate the vehicle in accordance with the manufacturer’s specifications and with federal requirements?

Remote assistants

FMCSA seeks information on what requirements, if any, should be imposed on persons performing remote assistant duties for motor carriers operating Level 4 or 5 automated driving system-equipped commercial motor vehicles.

Among the questions:

• To what extent should the federal requirements otherwise applicable to commercial drivers also apply to a remote assistant who is not expected to take control of the dynamic driving task of an automated driving system-equipped commercial motor vehicle operating at Level 4?
• Are there any qualification requirements that FMCSA should consider for remote assistants, such as related experience, e.g., as a CDL holder?

Inspection and maintenance

FMCSA requests public comment regarding the inspection and maintenance of automated driving system-equipped commercial motor vehicles.

Among the questions:

• Should Level 4 or 5 automated driving system-equipped commercial motor vehicles be subject to pre-trip inspection requirements for their mechanical and ADS components in addition to those specified in 49 CFR 392.7, including those which might necessitate new inspection equipment, before such commercial motor vehicles are dispatched and after a specified period of operation?
• What technical barriers exist to conducting conventional roadside inspections (which require interactions with the human driver) of Level 4 or 5 automated driving system-equipped commercial motor vehicles and what approaches currently exist or might be developed to remove those barriers?

A full listing of all of the questions posed in the notice can be found here.

How to comment

The agency will open a 45-day comment period once the notice is published in the Federal Register. Once that happens, the public will be able to comment by going to Regulations.gov and entering Docket No. FMCSA-2018-0037. LL