NHTSA Finally Releases New Rules for Self-Driving Cars with an Unexpected Twist
A New Framework for the Evaluation and Oversight of Self-Driving Cars
The National Highway Traffic Safety Administration (NHTSA) has announced a new "voluntary national framework for the evaluation and oversight" of autonomous vehicles. This bureaucratic first step could eventually pave the way for fully driverless cars to hit the roads across the country. However, there’s a twist: the agency wants self-driving car companies to provide more data.
The Proposed Rules: AV STEP
The proposed rules were first announced last year as the ADS-Equipped Vehicle Safety, Transparency and Evaluation Program (AV STEP). This program would allow NHTSA to authorize the sale and commercialization of more vehicles without traditional controls, like pedals and steering wheels, without hitting the annual cap on the number of exemptions to safety requirements.
NHTSA’s Exemption Pathway
The agency is promising an "exemption pathway that is tailored for ADS-equipped vehicles," suggesting a less onerous, time-consuming process for the release of fully driverless vehicles. In exchange, NHTSA is requesting more data from companies operating driverless cars, arguing that greater transparency is needed to foster public trust in the technology.
A Valuable Framework at a Pivotal Time
AV STEP would provide a valuable national framework at a pivotal time in the development of Automated Driving System (ADS) technology. Safe, transparent, and responsible development is critical for this technology to be trusted by the public and reach its full potential. This proposal lays the foundation for those goals and supports NHTSA’s safety mission.
NHTSA Chief Counsel Adam Raviv on AV STEP
"We encourage everyone to comment on our proposed program," said NHTSA Chief Counsel Adam Raviv in a press release. "By kick-starting the rulemaking process, the Biden administration is giving a pretty big end-of-the-year holiday gift to the companies that have been laboring for decades on autonomous vehicle technology without any national regulatory framework to guide them."
The Federal Government’s Role in Regulating Autonomous Vehicles
The federal government has largely taken a back seat in regulating autonomous vehicles, leaving states to develop their own rulebooks for safe deployment. Legislation that would dramatically increase the number of AVs on the road has been stalled in Congress for over seven years, with lawmakers at odds over a range of issues, including safety, liability, and the right number of exemptions from federal motor vehicle safety standards.
The Federal Motor Vehicle Safety Standards
The Federal Motor Vehicle Safety Standards (FMVSS) is the government’s official checklist for everything a car needs before it can be sold to customers, including steering wheels, pedals, and sideview mirrors. Driverless cars typically don’t need these controls, forcing companies to request exemptions to safety rules from the federal government before they can put their vehicles on the road.
Safety Regulators Keep a Tight Grip on Exemptions
But safety regulators keep a tight grip on these exemptions. There is a cap of 2,500 exemptions that each company is allowed to request. And to date, only one company, Nuro, has received an FMVSS exemption for its low-speed delivery robots that aren’t large enough for human passengers.
The Future of Autonomous Vehicles: Challenges Ahead
Whether AV STEP survives into the next Trump administration, though, is an open question. For one, the incoming president is reportedly looking to quash a Biden-era transparency rule that requires companies operating vehicles with driver assist, as well as self-driving cars, to report crashes and injuries to the federal government.
The Impact of the Crash Reporting Rule
Scrapping the crash reporting rule would greatly benefit Tesla, which has reported the highest number of crashes. And Tesla CEO Elon Musk is a close advisor and donor to Trump.
The Fate of AV STEP: Uncertain
The fact that NHTSA is choosing to highlight the "enhanced transparency" under AV STEP could lead some to conclude that this rule is dead on arrival. After all, Trump is currently trying to kill the only transparency rule currently on the books for self-driving cars.
Safety Advocates Weigh In
However, safety advocates are calling the notice of proposed rulemaking "premature" and unnecessary. In a statement, Advocates for Highway and Auto Safety President Cathy Chase notes that the proposal is oddly timed, coming after the auto industry said it was lobbying NHTSA to scrap a new rule requiring automatic emergency braking in new vehicles by 2029.
The AEB Rule: A Necessary Measure
"With the auto industry vociferously stating it is not feasible to comply with parts of the AEB rule with widely used braking technologies in five years, allowing far more complex technology to control more driving functionalities without meeting minimum safety standards is incongruous at best and potentially deadly at worst," Chase said.
Conclusion
The future of autonomous vehicles hangs in the balance. With NHTSA’s proposed rules for AV STEP, companies may finally have a clear path forward for deploying fully driverless cars on the roads. However, the road ahead will be long and challenging, with many obstacles to overcome before self-driving cars become a reality.
Recommendations
To ensure safe and responsible development of ADS technology, we recommend:
- Increased transparency: Companies operating driverless cars should provide more data on their safety performance and any incidents that occur.
- Improved regulatory framework: NHTSA’s proposed rules for AV STEP should be refined to address the unique challenges and risks associated with autonomous vehicles.
- Public education and awareness: Efforts should be made to educate the public about the benefits and limitations of self-driving cars, as well as the importance of safety features and regulations.
By working together, we can ensure that autonomous vehicles are developed and deployed in a way that prioritizes safety and responsible innovation.
