The U.S. Department of Transportation’s National Highway Traffic Safety Administration (NHTSA) has proposed a voluntary national framework to evaluate and oversee certain vehicles equipped with automated driving systems (ADS). This proposal aims to enhance transparency and safety in autonomous vehicle (AV) operations through the ADS-Equipped Vehicle Safety, Transparency, and Evaluation Program (AV STEP).
Participation Requirements
Entities with operational control over subject ADS-equipped vehicles would be able to apply to participate in AV STEP at one of two “steps,” depending on whether their ADS requires “fallback personnel” — a human supervisor who is expected to intervene and exercise control over the vehicle in necessary circumstances. Approval would involve an evaluation of an applicant’s safety case, including a third-party independent assessment, and each step would set minimum eligibility requirements relative to the extent of ADS operations.
Ongoing Obligations
Once admitted into AV STEP, a participating entity would be required to submit periodic quarterly reports, event-triggered reports, and reports of operational changes above a certain threshold. Information required in such reports ranges from the number of vehicles operated and miles traveled to vehicle recovery events and contact events. NHTSA will also publicly publish a subset of information gathered in the application and participation process in an effort to promote transparency surrounding ADS technology.
Exemption Pathways
AV STEP would also add two exemption pathways for ADS-equipped vehicles:
- A Federal Motor Vehicle Safety Standards (FMVSS) Exemption under 49 U.S.C. 30114(a); and
- A Make Inoperative Exemption under 49 U.S.C. 30122.
NHTSA states these additional exemption pathways will exist alongside current exemption processes to offer more regulatory flexibility.
Building on Existing Initiatives
The AV STEP proposal builds on current NHTSA programs and actions related to AV regulation. NHTSA has encouraged AV companies to complete a Voluntary Safety Self-Assessment to demonstrate their safety approaches, testing methods and technological developments to regulators and the public. Additionally, NHTSA has issued a Standing General Order (SGO), amended in April 2023, requiring certain manufacturers and operators of ADS technology to report details of collisions involving vehicles equipped with Level 2 advanced driver assistance systems (ADAS) or higher autonomous technology.
NHTSA’s AV STEP proposal will be open for public comment for 60 days after it is published in the Federal Register and will appear on Regulations.gov as docket No. NHTSA-2024-0100. The unofficial version of the notice of proposed rulemaking (NPRM) is currently available on NHTSA’s website. The outcome of the NPRM remains unclear with the incoming administration, and industry feedback is likely to shape the proposed program.
Varnum’s Privacy and Mobility Team will be closely monitoring these regulatory developments and is prepared to assist clients in navigating the complexities of emerging AV regulation.