New NHTSA Guidelines Take More ‘Nimble’ Regulatory Tack on Self-Driving Cars

At 36 pages, the new report is about a third the size of the 2016 guidance, and streamlines a 15-point safety list to 12. The new report also does away with discussions on “registration and certification” in which NHTSA last year left open the option of requiring manufacturers to report changes they make in a vehicle’s level of automation. The new document also deletes discussion of the privacy and ethical considerations of autonomous-car development. “Privacy and Ethical Considerations are also important elements for entities to deliberate,” the agency said in an end note that refers readers to its website “for NHTSA’s approach on each.”

A big difference between the documents is in their approaches to the “safety assessments” manufacturers are asked to submit voluntarily to NHTSA. Last year’s guidelines contained multiple pages of instructions on what manufacturers needed to include in the assessments and left open the option to make them mandatory through a future rulemaking. The newest report deletes mention of a future mandatory component and goes an extra step to assure manufacturers that they're not required to submit the assessments, "nor is there any mechanism to compel entities to do so."

Contrary to last year’s guidelines, the new “voluntary safety self-assessment” shouldn't “serve as an exhaustive recount of every action the entity took to address a particular safety element,” said the new document. “While these assessments are encouraged prior to testing and deployment, NHTSA doesn't require that entities provide submissions nor are they required to delay testing or deployment. Assessments are not subject to Federal approval.”

NHTSA makes clear in the report it retains full federal enforcement authority over vehicle safety. But in deference to states considering enacting their own autonomous-driving laws, the new guidelines add legislative principles to help them to do. They also clarify the assistance NHTSA can offer state-level highway safety offices.

NHTSA "has it right" on self-driving cars, said CTA President Gary Shapiro in a statement. “American drivers want self-driving vehicles!" said Shapiro. "They want to pay less for car insurance, quit wasting hours in traffic and eliminate drunk driving crashes." With "smart policies" like NHTSA’s latest guidance and American innovation, "the U.S. will indeed lead the world" in autonomous driving and "revolutionize how we travel on our roads,” said Shapiro.

The new guidelines complement the Self Drive Act passed unanimously by voice vote Sept. 6 in the House that for the first time sets a regulatory framework on self-driving cars, said Rep. Debbie Dingell, D-Mich., who sponsored the bill. She hailed Chao’s announcement as one that “brings us one step closer to making this new technology a reality." That act was "strong, bipartisan action" by the House to "pave the way for self-driving cars and advanced collision avoidance technologies,” said Commerce Committee Chairman Greg Walden, R-Ore., and Digital Commerce and Consumer Protection Subcommittee Chairman Bob Latta, R-Ohio. “We are pleased that Secretary Chao shares our commitment to safety, innovation, and ensuring America is a leader in this growing industry.”

Consumer Watchdog called the guidelines contrary to the report's title and no “vision for safety” at all, but “a roadmap that allows manufacturers to do whatever they want, wherever and whenever they want, turning our roads into private laboratories for robot cars with no regard for our safety.” A “serious short-coming” of the report is that it “ignores the fact that Level 2 technology, like Tesla’s Autopilot, has killed people,” said John Simpson, Privacy Project director.

A truck driver’s failure to yield the right of way and the “inattention” of the Tesla Model S driver “due to overreliance on vehicle automation” in the car's Autopilot mode were the “probable cause” of the May 2016 crash near Williston, Florida, that killed the Tesla driver (see 1607010052), the National Transportation Safety Board said in a Tuesday report. The “operational design” of the Tesla’s automation system “allowed prolonged disengagement from the driving task and enabled the driver to use it in ways inconsistent with manufacturer guidance and warnings,” said NTSB. “While automation in highway transportation has the potential to save tens of thousands of lives, until that potential is fully realized, people still need to safely drive their vehicles,” said Chairman Robert Sumwalt. Tesla representatives didn’t comment.

Consumers Union referenced NTSB’s Tesla announcement in criticizing NHTSA guidelines as too lenient on manufacturers. “This is a clear step backward for consumer safety that sends a troubling message about the Transportation Department’s priorities under the new administration, said David Friedman, director-cars and product policy and analysis. “On the same day that the NTSB announced Tesla’s Autopilot system played a ‘major role’ in a May 2016 fatal crash, Secretary Chao indicated that the Department will go easy on automakers, and that it will expect them to do less to verify the safety of emerging automated vehicle systems. It’s an abdication of responsibility.”