NHTSA seeks feedback to develop framework for automated driving

December 2, 2020

Land Line Staff

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The National Highway Traffic Safety Administration wants feedback on developing a framework for Automated Driving System safety.

An advance notice of proposed rulemaking is scheduled to publish in the Federal Register on Thursday, Dec. 3, and the public will have 60 days to comment.

“The framework would objectively define, assess, and manage the safety of ADS performance while ensuring the needed flexibility to enable further innovation,” the notice stated. “The agency is seeking to draw upon existing federal and non-federal foundational efforts and tools in structuring the framework automated systems continue to develop.”

The agency said a “wide-scale deployment” of automated systems is several years away, so it is not looking to establish a specialized set of Federal Motor Vehicle Safety Standards yet.

“Although the establishment of Federal Motor Vehicle Safety Standards for ADS may be premature, it is appropriate to begin to consider how NHTSA may properly use its regulatory authority to encourage a focus on safety as ADS technology continues to develop,” the notice stated. “This document, thus, marks a significant departure from the regulatory notices NHTSA has previously issued on ADS because NHTSA is looking beyond the existing Federal Motor Vehicle Safety Standards and their application to novel vehicle designs and is considering the creation of a governmental safety framework specifically tailored to ADS.”

NHTSA seeks comments regarding:

  • What engineering and process measures should be included?
  • What aspects of ADS performance are suitable for potential safety performance standards?
  • Whether ADS-specific regulations are appropriate or necessary prior to the broad commercial deployment of the technology.
  • How could regulations be developed consistent with the agency’s legal obligations without being based upon the existence of commercially available ADS technology from which to measure required performance?
  • Which type or types of administrative mechanisms would be most appropriate for constructing the framework?

OOIDA and other groups have provided concerns about rushing into automation before the technology is ready. A recent study was critical on drivers’ overreliance on automation.

Once the notice publishes in the Federal Register, comments can be made at the regulations.gov website by entering Docket No. NHTSA-2020-0106.