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On April 30, 2021, SAE International updated its “Taxonomy and Definitions for Terms Related to Driving Automation Systems for On-Road Motor Vehicles,” labeled SAE J3016_202104. This updated version cancels and supersedes the June 2018 version, labeled SAE J3016_201806. Its basic framework remains intact with six levels of driving automation, ranging from no driving automation (Level 0) to full driving automation (Level 5).
Continue Reading SAE Updates J3016 Standard for Automated Driving Systems With More Clarity and New Terms and Definitions

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As first reported by Reuters on April 22, Sens. Gary Peters (D-Mich.) and John Thune (R-S.D.) had recently released drafts of an amendment that would allow the National Highway Traffic Safety Administration (NHTSA) to exempt 15,000 self-driving vehicles per manufacturer from safety standards that were written for human drivers. Within three years, that figure would rise to 80,000, and after four years, manufacturers could ask NHTSA to increase exemptions beyond 80,000 vehicles. At this time, NHTSA only allows exemptions of up to 2,500 vehicles per manufacturer.

In a statement, Sen. Peters said the amendment would “ensure that the innovation and testing around autonomous vehicles can continue happening safely under the watchful eye of the Department of Transportation.” The Senators had planned to attach the amendment to “The AI Scholarship-for-Service Act,” a bill providing $100 billion for science and technology research and development with the aim of maintaining U.S. competitiveness with China. …
Continue Reading Proposed Amendment to Advance Self-Driving Cars is Postponed Amidst Rising Safety Concerns

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The recent Tesla fire in Houston reportedly took four-plus hours to extinguish completely because of continued flareups. This highlights some of the challenges faced by auto manufacturers (and fire departments) as electric vehicles start to take over the roads, including unique issues related to lithium-ion fires.  Dykema attorneys Deron Wade, Jeff Cox and Rebekah Hudgins recently presented a litigation update addressing: “How Going All Electric May Impact the Future of Fire Litigation” (PowerPoint Slides – starting on Slide 21). The first portion of the update addressed: “A Discussion of Jury Selection and Juror Attitudes in the Post-COVID World.” …
Continue Reading Hot Topics in Electric Vehicles: Battery Fires

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In December 2020, NHTSA posted a significant Notice of Interpretation with important ramifications for manufacturers of autonomous vehicles. The Notice Regarding the Applicability of NHTSA FMVSS Test Procedures to Certifying Manufacturers updates the Agency’s position taken in a 2016 letter to Google on the relationship between FMVSS and AVs with novel designs lacking traditional controls, e.g. a steering wheel, brake pedal, etc.

Traditionally, under NHTSAs self-certification process, manufacturers were not required to test a vehicle’s performance under the specific conditions of a particular FMVSS. Instead, generally speaking, they were permitted to self-certify using simulations or engineering analysis. But despite alternatives to certification through testing by the manufacturer, the FMVSS themselves still provided a means for actually testing vehicles against defined performance criteria. The issue in this recent notice, however, “regards the situation where NHTSA is not able to test a vehicle in accordance with the FMVSS test conditions and procedures due to its design.” As with the previous 2016 Google interpretation, this is particularly significant for vehicles designed without manual controls like a steering wheel or brake pedal. …
Continue Reading NHTSA Makes a U-Turn on AV Regulation in Latest Notice of Interpretation

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While the coronavirus has sent shockwaves through every service sector, the impact on the transportation industry has been especially severe. Automotive plants have shut down, new car sales have plummeted, and Uber and Lyft have reduced their workforce as social distancing has drastically reduced the demand for ride-hailing. In a world where stay-at-home orders are the norm, all forms of mobility have seen an abrupt decline and the entire transportation economy has suffered. Providers of shared mobility services like Uber, Zipcar, and Turo have struggled to sustain themselves in a world where consumers are ultra-conscious of human contact.

In a post-coronavirus world, mobility businesses will have economic incentives to deploy updated health practices to reassure their customers. But there are legal liabilities to consider as well. Lawsuits relating to the coronavirus outbreak have already begun and many more are expected. The threat of exposure-related lawsuits are of particular concern, especially as businesses reopen amidst uncertainty about the continued dangers of contracting the virus. …
Continue Reading Life After Coronavirus: New Challenges for New Mobility Services

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Earlier this month, Nuro made automotive history when it became the first company to obtain a NHTSA exemption for a driverless vehicle, the R2. Nuro is a self-driving startup created by two former Google engineers. Their earlier version, the R1, is a small electric ‘van’ without a steering wheel or pedals and  designed exclusively for delivery of goods rather than people.

Nuro has been testing the R1 vehicle on public roads in places like Scottsdale, AZ for several years. This vehicle is technically classified by federal regulations as a low speed vehicle (LSV) meaning it has a maximum speed of 25 mph and maximum weight of 3,000 lbs. As a low-speed vehicle, the R1 did not need to satisfy all of the FMVSS requirements for passenger cars and trucks (i.e. standards relating seatbelts, airbags, and steering). But it must still satisfy the minimum requirements of FMVSS 500 including front lights, rear view mirrors, and windshields. Therefore, since 2018, the Nuro R1 has been equipped with these safety features, despite having no human present in the vehicle. For its new R2 vehicles, Nuro requested three exemptions for their driverless delivery vehicle:…
Continue Reading Nuro, NHTSA, and the New Autonomous Vehicle Exemption Rules

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Virginia may not be a state many people associate with autonomous technology, but it has quickly become an attractive locale for developers of this technology. Several autonomous technology companies have recently seen great advancements in the implementation of their technology in Virginia. WING, for example, a sister company of Google, recently celebrated its first successful aviation delivery of commercial products in Christiansburg, Virginia. The company, which has partnered with Walgreens and FedEx, uses drones to deliver packages to the community. Aurora Flight Sciences, an independent subsidiary of Boeing, similarly completed its first test flight of its autonomous passenger air vehicle prototype in Manassas, Virginia earlier this year. In addition, San Francisco based LM Industries deployed a self-driving vehicle, Ollie, at Fort Myer-Henderson Hall in Arlington earlier this year, and Optimus Ride, a Boston-based self-driving tech company, has deployed autonomous shuttles in Reston, where more than 15,000 rides have already been completed. …
Continue Reading Preparing Now for the Road Ahead

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The automotive industry has long been a global market where manufacturers need to constantly monitor international laws and regulations. But as traditional automotive OEMs expand their product offerings to include services such as ride hailing, car sharing, and mapping, the legal risks are becoming increasingly localized.

Cities, states, and provinces have begun to flex their muscle in response to the introduction of new mobility products and services. New York city has placed a cap on the number of vehicles for ride-hailing platforms and will institute congestion pricing in early 2021. Los Angeles has created a tool for data collection and monitoring of private mobility-as-a-service (MaaS) companies. Peer-to-peer car sharing companies that compete with traditional rent-a-car agencies have challenged laws requiring them to pay local rental fees. And mapping services have been forced to navigate legal concerns over which local streets they can route users through. …
Continue Reading Localization of the Mobility Economy