NHTSA cannot require AV TEST Initiative participation, agency claims

The National Highway Traffic Safety Administration says it cannot mandate reporting for the AV TEST Initiative, but the Owner-Operator Independent Drivers Association is saying that may not be the case.

NHTSA recently responded to comments submitted by OOIDA regarding the AV TEST Initiative. The initiative is an online traffic tool that provides data on testing and safety performance of automated driving systems in cities across the country. However, participation is voluntary, not mandatory, for stakeholders.

In comments submitted on June 5, OOIDA states that, although it supports the idea of the AV TEST Initiative, the information provided to the program needs to be mandatory.

“OOIDA supports the objectives of the AV TEST Initiative, most importantly to provide the public with direct and easy access to information about (autonomous vehicle) testing and development, along with information from states regarding activity, legislation, regulations, and local involvement in automation on our roadways, OOIDA President Todd Spencer stated in comments. “However, the AV TEST Initiative’s voluntary structure prevents the program from best accomplishing these goals.”

However, NHTSA responded by saying it cannot make providing information for the AV TEST Initiative mandatory.

“In response, the agency’s objective of the AV TEST Initiative is to provide members of the public with a centralized database of high-level information about (automated driving system) testing activities and State and local laws, recommendations, and initiatives,” NHTSA states. “It is, therefore, outside of the scope of the project to make any reporting mandatory or to expand the collection to include safety information or information that NHTSA would use to evaluate the safety of ADS operations.”

OOIDA questions that assertion in the following statement:

“NHTSA’s response is a bit confusing. The agency is indeed capable of requiring safety data from AV developers and manufacturers. In fact, NHTSA recently noted in extending the initial standing general order that, ‘Given the rapid evolution of these technologies and testing of new technologies and features on publicly accessible roads, it is critical for NHTSA to exercise its robust oversight over potential safety defects in vehicles operating with ADS and Level 2 ADAS.’ We see mandatory safety reporting from AV companies throughout the testing and deployment process as the best way to accomplish this. Otherwise, the public could mistakenly assume that since the information comes from NHTSA that the AVs they see on the roads have already been proven safe by the agency.”

Launched in June 2020, the AV TEST Initiative provides “the public with direct and easy access to information about testing of (automated driving system)-equipped vehicles, information from states regarding activity, legislation, regulations, local involvement in automation on our roadways, and information provided by companies developing and testing (automated driving systems),” according to its website. LL