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It’s been several months since we surveyed top automotive executives and insiders on the major legal issues facing the industry for our 2023 Automotive Trends Report.

As the automotive world continues to evolve and navigate a shifting legal landscape, we look at some of the major themes driving it forward… and the ones that might be in the rearview mirror.

What’s next in the dynamic world of autonomous vehicles? Clay Cossé and Mark Malven dive in.Continue Reading 2023 Automotive Trends Check-In: Trending Up or Trending Down? Spotlight: Autonomous Vehicles

Are autonomous vehicles safe? Are they safer than vehicles driven by people? Is one type of autonomous vehicle safer than another? Last week NHTSA released the data it gathered over the last year pursuant to last summer’s Standing General Order requiring autonomous vehicle manufacturers and operators to report crashes in which autonomous driving systems were in use. NHTSA reported separately on data involving (a) advanced driver assistance systems (“ADAS,” i.e. SAE Level 2) and (b) automated driving systems (“ADS,” i.e. SAE levels 3-5). What’s the upshot from NHTSA’s data drop? Well, it’s complicated.
Continue Reading Are Autonomous Vehicles Safe? NHTSA Releases Murky Data on 2021-2022 AV Crashes

On March 10, 2022, Deputy NHTSA Administrator Steven Cliff signed a “first-of-its-kind” final rule revising occupant protection standards for automated vehicles. The rule “updates the occupant protection Federal Motor Vehicle Safety Standards [“FMVSS”] to account for vehicles that do not have traditional manual controls associated with a human driver because they are equipped with automated driving systems [“ADS”].” This is essentially NHTSA’s first attempt to address the effects of vehicle automation on crashworthiness systems.
Continue Reading NHTSA Issues “First-Of-Its-Kind” Final Crashworthiness Rule for Automated Vehicles

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In early September, Dykema’s Jeff Cox and Dommond Lonnie served as moderators for the DRI’s Strictly Automotive seminar, joining fellow automotive in-house and outside counsel to discuss trending topics in the industry. Jeff’s session, “The Future of Alternative Fuel Vehicles is Already Here,” included a high-level discussion of alternative fuel vehicles, including hybrid, fully electric and hydrogen fuel cell designs, with an update from manufacturers on their short-term and future development, new technology, EV recalls, and a discussion of ways to best defend an EV case at trial. Dommond’s session, “The Future is Electric,” discussed how the Biden Administration’s Infrastructure Plan and other developments in the legal landscape are poised to drive widespread acceptance of EV technology.
Continue Reading The Future is Electric

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On June 29, the National Highway Traffic Safety Administration (“NHTSA”) issued an order requiring autonomous vehicle and advance driver assistance systems manufacturers and operators to report serious crashes within a day of learning of them.  The order applies specifically to manufacturers and operators of vehicles equipped with SAE Level 2 advanced driver assistance systems (ADAS) or SAE Levels 3-5 automated driving systems (ADS).
Continue Reading NHTSA Requires Reporting of Autonomous or Assisted-Driving Vehicle Crashes

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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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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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As ADAS technologies proliferate in a largely unregulated environment, human factors scientists are studying consumer adoption to a wide array of manufacturers’ offerings. Recently, in collaboration with human factors scientists from Exponent, Dykema Member Michael Carey examined the current state of ADAS availability in new vehicles with discussion of various regulatory and litigation considerations. Click …

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On November 19, 2020, NHTSA issued an Advance Notice of Proposed Rulemaking (“ANPRM”) asking interested parties and the public to provide the agency with information intended to help NHTSA devise a “Framework for Automated Driving Safety” that will allow the agency to implement safety standards for the operation and performance of automated driving systems. Comments are due 60 days after the ANPRM is published in the Federal Register. NHTSA last addressed AV in March, when it issued a Notice of Proposed Rulemaking addressing occupant safety and crashworthiness for AVs that do not have typical seating configurations. This notice addresses operation of the automated systems in SAE Level 4 and 5 vehicles. 
Continue Reading NHTSA Releases Advance Notice of Proposed Rulemaking For Automated Driving System Safety