The Autonomous Vehicle Industry Association on January 7 released a federal policy framework to accelerate the deployment and commercialization of autonomous vehicle technology and maintain the US leadership role in AV design, construction, and performance.
The framework, Securing American Leadership in Autonomous Vehicles, contains policy recommendations that build on the US Department of Transportation’s Advancing the Framework for Automated Driving System Safety, proposed in 2020. The Autonomous Vehicle Industry Association (AVIA) advocates for the safe and timely deployment of autonomous driving technology and has a membership of more than 20 leading companies involved in the autonomous vehicle (AV) sector.
The AV industry is calling for a national policy framework to counter the current regulatory uncertainty caused by federal inaction up to now. Currently, 25 states have adopted AV statutes that vary significantly in their requirements for testing, deployment, and reporting. A federal framework would ensure a uniform and harmonized regulatory regime for AV companies as they develop and deploy their products. It would also enable the United States to match the significant advancements made by China and other strategic competitor countries that continue to develop AV technology with active support from their governments.
AVIA’s proposed policy framework makes recommendations in five areas: safety, transparency, and accountability; leadership advancement; AV trucking for supply chain resiliency; resources and funding; and national security. The framework recommends that Congress pass legislation and that the National Highway Traffic Safety Administration (NHTSA) and the Federal Motor Carrier Safety Administration (FMCSA) promulgate regulations and take other actions in these five areas.
AVIA’S RECOMMENDATIONS FOR CONGRESS
- Pass federal legislation to clarify that making a vehicle’s manual controls inaccessible or altering their functionality for safety reasons during autonomous operation does not violate the “make inoperative” provision of the Motor Vehicle Safety Act at 49 USC 30122.
- Pass federal legislation to expand eligibility for the Fixing America’s Surface Transportation Act’s testing and evaluation exemption to all AV developers, not just qualifying original equipment manufacturers.
- Pass comprehensive AV legislation requiring AV manufacturers to develop a cybersecurity plan that includes a written policy for detecting and responding to cyberattacks, unauthorized intrusions, and false and spurious messages or vehicle control commands.
- Pass comprehensive AV legislation requiring AV manufacturers to develop a privacy plan that addresses the collection, use, sharing, and storage of information about vehicle owners or occupants and provides notice to vehicle owners or occupants about the privacy policy.
- Pass the AV Accessibility Act, which would (1) prohibit states from restricting qualified individuals who are blind or disabled from riding as a passenger in an automated driving system (ADS) equipped vehicle and (2) require a federal accessible infrastructure study to improve public transportation so that blind and disabled individuals can find, access, and use ride-hail autonomous vehicles.
- Increase funding levels for NHTSA and FMCSA.
- Pass legislation to bolster the development and American manufacturing of sensors used in autonomous vehicles, including by creating a grant program or other mechanism.
AVIA’S RECOMMENDATIONS FOR NHTSA
- Promulgate a Federal Motor Vehicle Safety Standard (FMVSS) requiring manufacturers to self-certify to a core set of ADS behavioral competency tests, including detection and response to road users and Level 3 system transfer of control back to the human driver when necessary.
- Promulgate an FMVSS requiring manufacturers to develop a “safety case” to support the design, construction, and performance of an ADS, including a description of the ADS hardware and software elements, capabilities of its sensor suite, ADS integration into the vehicle platform, and crash detection and response.
- Establish a National AV Safety Data Repository that would include safety data about AV incidents, be available to state transportation regulatory agencies, and expand current AV data reporting to include state-level location of AVs, as well as require reporting of incidents within 120 hours (consistent with NHTSA’s defect authority at 49 CFR 573.6) instead of the current one-day reporting deadline.
- Publish interpretations or make regulatory changes to modernize FMVSS to avoid regulatory requirements on AVs that do not advance safety, including clarifying that requirements for manually operated driving controls and certain indicators and telltales are not applicable to Level 4 or Level 5 ADS vehicles if the vehicles meet relevant performance standards.
- Develop a voluntary USDOT AV Demonstration Program.
AVIA’S RECOMMENDATIONS FOR FMCSA
- Codify the 2018 interpretation that the FMCSRs do not require a human driver to operate or be present in a commercial motor vehicle (CMV) being operated by a Level 4 or Level 5 ADS, as well as update existing hours of service rules and inspection requirements that require action by a human driver.
- Support the Commercial Vehicle Safety Alliance’s Enhanced CMV Inspection Program for autonomous CMVs.
- Approve an industry exemption petition and update regulations to allow use of cab-mounted warning beacons instead of the emergency warning devices currently required when CMVs are stopped on the highway.
TAKEAWAYS
The AVIA has clearly signaled that their members desire a stable and well-defined regulatory framework as the AV industry continues to develop and grow. The United States is a leader in autonomous vehicles but stands to lose ground due to regulatory uncertainty and competition from abroad. Navigating the existing patchwork of state regulations that govern testing and deployment of autonomous vehicles on public roads creates a burden for companies and diverts resources that could be used for technology development and improvement.
Likewise, companies face regulatory uncertainty because federal agencies have not clarified how existing FMVSS and FMCSRs apply to autonomous vehicles and equipment, despite having acknowledged this need in NHTSA’s 2020 Advancing the Framework for Automated Driving System Safety and the broader 2020 Ensuring American Leadership in Automated Vehicle Technologies: Automated Vehicles 4.0 (AV 4.0) policy.
It remains to be seen to what extent the new Trump administration will prioritize advancement of the American AV industry. The AVIA may have timed the release of its policy framework to catch the eye of incoming Secretary of Transportation Sean Duffy, who received its endorsement. The AVIA has outlined a forward-looking strategy for the AV industry that builds on prior policy recommendations and principles set forth by the federal government.