NHTSA announces final rule to remove ‘barriers’ blocking AV innovation

January 15, 2021

Mark Schremmer

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The National Highway Traffic Safety Administration announced a final rule to update its safety standards for vehicles equipped with automated driving systems.

The final rule, which is expected to be published in the Federal Register soon, amends several crashworthiness regulations in the Federal Motor Vehicle Safety Standards. The rule also exempts vehicles equipped with automated driving systems designed never to carry human occupants, including drivers, from crashworthiness standards.

It serves as another step by NHTSA to help remove barriers that could block the development of autonomous vehicles.

“With more than 90% of serious crashes caused by driver error, it’s vital that we remove unnecessary barriers to technology that could help save lives,” NHTSA Deputy Administrator James Owens said in a news release. “We do not want regulations enacted long before the development of automated technologies to present an unintended and unnecessary barrier to innovation and improved vehicle safety.”

The rule received instant criticism from some safety groups. Cathy Chase, president of Advocates for Highway and Auto Safety, said it was an example of the U.S. Department of Transportation “kowtowing” to the auto industry.

“At the heart of the problem lies NHTSA’s failure to advance commonsense rules detailing minimum performance standards for autonomous driving systems,” Chase said in a statement. “A self-driving vehicle should be able to drive itself safely. This is not some kind of new-fangled demand.

“By the industry’s admission, mass deployment of autonomous vehicles is far in the future. A move to fast track autonomous vehicle deployment today without proper safeguards jeopardizes acceptance of this technology by the public, which, understandably, strongly favors minimum performance standards.”

Earlier this week, NHTSA announced the expansion of an automated vehicle transparency initiative.

As part of the AV TEST (Transparency and Engagement for Safe Testing) Initiative, NHTSA’s online traffic tool – which provides data on testing and safety performance of automated driving systems in cities across the country – is now open to all stakeholders.

FMCSA acting Administrator Wiley Deck took part in the announcement, saying that fully autonomous vehicles are well in the future but that the technology has the potential to save lives.

“While we realize that large-scale implementation of automated vehicles is still in the future, innovations continue rapidly,” Deck said.

“That technology holds promise to save thousands of lives, and it has potential to help commercial motor vehicle drivers, too. Safely harnessing this technology, however, will need our continued and focused attention.”

Among the new participants signed on to participate in the program are self-driving truck companies Embark, Kodiak and TuSimple.

It should be noted that information submitted by the companies is voluntary. The “safety reports” submitted to the program by Kodiak and TuSimple are more reminiscent of marketing brochures than performance data.

NHTSA’s AV TEST Initiative announcement also drew criticism from safety groups.

“Less than two weeks before the Biden-Harris administration takes office, the National Highway Traffic Safety Administration took one more opportunity to tout a voluntary, and essentially useless, program that purports to provide meaningful information on autonomous vehicle testing, but in fact does nothing of the kind,” Chase said.

“NHTSA’s support for and reliance on voluntary industry actions are imprudent and even reckless in its approach to ensure the safe development of this experimental technology. The National Transportation Safety Board has investigated six crashes involving vehicles with autonomous capabilities, uncovering serious problems, including inadequate countermeasures to ensure driver engagement, reliance on voluntary reporting, lack of standards, poor corporate safety culture, and a misguided oversight approach by NHTSA.” LL