NHTSA Clears Path for Real-World Driverless Vehicle Testing

The U.S. National Highway Traffic Safety Administration (NHTSA) announced a revised framework for automated vehicles (AVs) last month, giving U.S. manufacturers a green light to operate more driverless vehicles in more American cities.

U.S. Transportation Secretary Sean P. Duffy announced the new framework as part of a new transportation innovation agenda. The new framework explicitly grants U.S. automakers and AV developers more exemptions to existing rules that forbid the operation of cars without steering wheels or other driver controls on U.S. roads. Since 2016, NHTSA has granted exemptions for 347 prototype and research vehicles to operate in 31 states, but those vehicles were imported. 

"To cultivate this Nation's tremendous potential for automotive innovation, the same exemption opportunities enjoyed by foreign vehicles must be made available for vehicles built in the United States," wrote NHTSA in a letter to automakers and AV developers. "As such, NHTSA will now begin to accept and process requests for vehicles built in the United States to receive Federal Motor Vehicle Safety Standards (FMVSS) exemptions for non-commercial purposes that involve research or demonstration in accordance with 49 U.S.C. § 30114(a)."

With these exemptions, U.S. automakers and AV developers will be able to operate prototype vehicles and systems without driver controls or rearview mirrors on public roads.

As part of the new framework, NHTSA updated the reporting requirements for the Standing General Order related to crash reporting for Level 2 advanced driver assistance systems (ADAS) or automated driving systems (ADS) equipped vehicles. Automakers, AV developers, and operators of ADS-equipped vehicles will still be required to report incidents involving AVs or partially automated driving systems within 5 calendar days if:

• Anyone involved in the incident was killed or hospitalized.
• A vulnerable road user like a cyclist or pedestrian was hit.
• Airbags deployed.
• The vehicle had to be towed from the site of the accident.

Even if none of the above criteria is met, manufacturers and operators of ADS equipped vehicles will be required to report incidents to NHTSA by the 15th calendar day of the month following the calendar month in which an incident occurred that involved another vehicle or where property damage is expected to exceed defined thresholds.

As AV regulations continue to evolve, it is critical for U.S. automakers and AV developers who wish to develop and deploy driverless vehicles to review the new and more flexible exemption provisions that seek to support domestic automotive innovation.