NHTSA Self-Driving Vehicle Regulations Put Passenger Safety in Auto-Makers’ Hands

The push to create the first completely self-driving vehicle is getting intense. Auto makers are already testing prototypes in Michigan and across the country. This has prompted the National Highway Traffic Safety Administration (NHTSA) to issue revised safety guidelines for the industry. But the revisions take away significant protections for consumers and passengers.

Levels of Automation: From Cruise Control to Self-Driving

Not all self-driving vehicles are created equal. In fact, most modern vehicles are equipped with some level of automation. The NHTSA has outlined 6 levels of vehicle autonomy, based on what the vehicle does, compared to the driver:

• SAE Level 0: No automation – the human driver does everything
• SAE Level 1: Automated driver assistance systems help with some part of driving
• SAE Level 2: The vehicle handles some part of the driving, but the human driver must monitor the environment and do the rest
• SAE Level 3: The automated system can monitor the environment and drive in some circumstances, but the human driver needs to step back in to handle more complicated driving tasks
• SAE Level 4: The vehicle can drive and monitor certain environments in certain conditions, but not others
• SAE Level 5: A fully self-driving vehicle can drive without human involvement

NHTSA generally treats Levels 0-2 as human-driven, and Levels 3-5 as “highly automated vehicles (HAV). Levels 4 and 5 are not available for purchase, yet.

NHTSA’s 2016 Regulations on Autonomous Vehicles

Last year, under the Obama Administration, the NHTSA issued its first set of proposed regulations for self-driving vehicles, its Federal Automated Vehicles Policy. The policy provided safety guidance to developers and manufacturers of autonomous vehicles. It included ways to interpret existing motor vehicle regulations in the context of self-driving cars and proposed new regulatory tools specifically designed for the safe and efficient development of the vehicles’ safety equipment. The policy outlined a 15-point safety assessment that asked manufacturers to explain how they were protecting consumers using their vehicles.

2017 Revisions Put Self-Driving Vehicle Development in the Fast Lane

After a year of public comments, On September 12, 2017, the Trump Administration’s NHTSA issued a revised plan, called the “Automated Driving Systems: A Vision for Safety”. In a statement, the Department of Transportation said:

"The purpose of this new voluntary guidance is to support industry innovators, States and other key stakeholders as they consider and design best practices relative to the testing and deployment of automated vehicle technologies, while informing and educating the public and improving roadway safety."

The new system focuses on HAV systems, explicitly paving the way for auto makers to get self-driving vehicles to market faster.

Voluntary Regulations Worry Consumer Protection Advocates

While representatives of the auto industry are happy to see this year’s revisions to the regulations, they have many consumer protection advocates worried. Jason K. Levine, of the Center for Auto Safety in Washington told the New York Times:

“The voluntary policy announced today is a retreat from the already flawed guidance provided in 2016. [The lack of mandatory safety assessments puts automakers in control] "who have frequently proven they cannot be trusted to protect the public interest in their race for profits.”

Even government representatives acknowledge that the policy will not hold vehicle manufacturers accountable. At a press conference at the University of Michigan in Ann Arbor, Transportation Secretary Elaine L. Chao said, “This is not an enforcement document. ... This is a guidance document.”

The timing of the regulations raises concerns as well. After a year of investigation, the National Transportation Safety Board (NTSB) recently announced that Tesla’s Autopilot program “played a major role” in the death of Joshua Brown on May 7, 2016. He was killed when his Tesla Model S plowed into the back of a semi-truck. Neither Brown nor the autonomous driving system applied the brakes. NTSB is now blaming “the combined effects of human error and the lack of sufficient system controls” for the fatal crash.

Without rigorous, mandatory regulation of self-driving vehicles, there will be more fatal crashes. History has already shown early adopters of the technology will push the limits of autonomous driving, with fatal results. Without close supervision, the industry’s urgency to get self-driving cars on the road could leave consumers vulnerable to the risks.

Dani K. Liblang is a consumer protection attorney at the Liblang Law Firm, PC, in Birmingham, Michigan. She has over 35 years’ experience in vehicle defect litigation. If you have been hurt because an autonomous system malfunctioned, contact theLiblang Law Firm, PC, for a consultation.